Equal Employment Opportunity Policy
(with Acknowledgment) (KY)

Summary

This template is an equal employment opportunity policy for use by Kentucky employers. This template contains practical guidance, drafting notes, and an optional clause. The Kentucky Equal Opportunities Act, Ky. Rev. Stat. § 207.130 et seq., which protects employees with physical disabilities and individuals with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) from discrimination. Ky. Rev. Stat. § 207.260 provides that a person aggrieved by a violation of Ky. Rev. Stat. § 207.135 or Ky. Rev. Stat. § 207.150 of the Kentucky Equal Opportunities Act may recover liquidated or actual damages against any person who committed that violation. However, nothing contained within the act prevents an employer from making a preemployment inquiry about the existence of an applicant's disability and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation. Ky. Rev. Stat. § 207.140. The Kentucky Equal Opportunities Act prohibits an employer from: • Requiring an individual to take an HIV test as a condition of hiring, promotion, or continued employment unless the absence of the HIV infection is a bona fide occupational qualification for the job • Refusing to hire, discharging, or discriminating against an individual with a physical disability or against an individual on the basis of the results of an HIV test in the compensation, terms, and conditions of employment • Limiting, segregating, or classifying an individual with a physical disability or an individual on the basis of the results of an HIV test in a way that would tend to deprive the individual of employment opportunities • Retaliation –and– • Discriminating against an individual with a physical disability or an individual on the basis of the results of an HIV test in the admission to or employment in an apprenticeship or other training program Ky. Rev. Stat. § 207.135(2); Ky. Rev. Stat. § 207.150(1); Ky. Rev. Stat. § 207.170. This template covers key topics for EEO policies including, among others, prohibited discrimination and harassment, reporting policy violations, and enforcement. This template is intended for private employers and may be included in an employee handbook or distributed as a standalone policy. For a non-jurisdictional employee handbook, see Employee Handbook. This template's language complies with Kentucky and federal law. It differs slightly from the non-jurisdictional Equal Employment Opportunity Policy (with Acknowledgment) in that it addresses issues under both Kentucky and federal law. For information on equal employment and non-discrimination issues, see Equal Employment Opportunity / Non-discrimination Policies: Key Drafting Tips, Discrimination, Harassment, and Retaliation Policy Drafting Checklist, and 10 Labor and Employment Law § 258.07. For additional equal employment opportunity forms, see Equal Employment Opportunity / Non-discrimination Policy, Harassment and EEO Policy Acknowledgment, and Employment Discrimination, Harassment, and Retaliation Investigation Determination Form. For information on Kentucky laws concerning equal employment and non-discrimination, Discrimination, Harassment, and Retaliation (KY), Kentucky Equal Opportunities Act, and Screening and Hiring (KY). Video: To learn about affirmative action plans that the Office of Federal Contract Compliance Programs (OFCCP) requires for certain federal contractors, watch Affirmative Action Plans Video. For a training presentation to educate participants on the value of and barriers to diversity, equity, and inclusion in the workplace, see Workplace Diversity, Equity, and Inclusion Guidance: Training Presentation.