The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/245872
FEATURE: LGBT EVOLVING CONCEPTS By: Sadhna True OF DISCRIMINATION IN THE WORKPLACE 16 Shifts in attitudes and changing social mores impact workplace dynamics in ways that are difficult to measure. In some instances, changes in social customs give rise to the need for new laws, regulations or policies affecting the employer-employee relationship. The recent advent of social media illustrates this principle. The increased use of social media by people while at work or to communicate about work has created the need for guidelines about when and how employers can regulate an employee's use of social media. In other instances, however, changes in the law instigate changes in the workplace. The legal protections increasingly available to lesbian, gay, bisexual and transgender (LGBT) workers is one of those instances where the legal environment is forging new ground in the workplace. The shift in the law towards recognition of same-sex marriage leads to conversations in the workplace about individual sexuality. As disclosure of sexual orientation becomes necessary and common for some purposes, such as enrolling a same-sex partner or spouse in an employer's benefit plan, the risk of discrimination also increases. This article explores the current protections available by law for LGBT workers in Kentucky, protections arising from the interpretation of existing law, and a glimpse of what lies ahead. B&B; • 1.14 FAIRNESS ORDINANCES IN KENTUCKY "Fairness laws" generally protect individuals from discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. Currently, six jurisdictions in Kentucky have fairness ordinances: Louisville/Jefferson County;1 Lexington-Fayette County;2 Covington;3 Vicco; Frankfort;4 and Morehead.5 Henderson passed a fairness ordinance in 1999, but repealed it in 2001. Berea's local government has considered passage of a fairness ordinance,6 and statewide legislation has been introduced in the Kentucky Senate and House.7 A critical feature of the fairness ordinances is that enforcement lies with a local entity, usually a human rights commission, and the courts lack jurisdiction over claims arising under the ordinance. If an employee believes that s/he has been subjected to an adverse employment action or hostile work environment on the basis of sexual orientation or gender identity, the employee may lodge a complaint with the local human rights commission. The commission has the power to review and investigate the complaint, attempt conciliation, and issue a probable cause finding. The employee cannot, however, pursue the discrimination claim in state or federal