Kentucky News & Analysis

  • Court rejects driver's 'associational disability' claim under KCRA

    The Kentucky Court of Appeals has ruled that a nondisabled employee cannot file a disability discrimination claim under the Kentucky Civil Rights Act (KCRA) based on his allegation that he suffered discrimination because of his association with his wife, who is a person with a disability as defined under the KCRA.

  • Now's the time to consider marijuana policy

    State laws legalizing the use of marijuana—whether for medical or recreational use—have been a fast-moving target over the last several years. Currently, there are only 16 states in which marijuana is still illegal for both medical and recreational purposes. And out of those 16, most allow products that contain small amounts of THC, the active ingredient in marijuana.

  • Do you have a ghost of a chance against ghosting?

    If you're like us (and Seth Meyers), you might have a hard time keeping up with all the latest slang terms having to do with new technologies and trends in social interactions and other aspects of modern life. One such term is "ghosting," which is when a person just stops responding to text messages, usually from someone they recently started dating. The term has slowly spread to other situations in which one person suddenly disappears from another person's life, including—you guessed it—when an employee or job applicant is a no-show with no communication or explanation to the employer. 

  • Federal court enforces bank's nonsolicitation agreement

    Former employees of a bank violated their nonsolicitation agreement when they went to work for a competing bank. After their former employer sued, the court issued a temporary restraining order (TRO) to immediately enforce the agreement prior to a trial on the merits of the case.

  • Mobility device may be a reasonable accommodation for security officer

    A court found in the following case that although patrolling on foot is an essential function of a company's security officer job, there were issues of fact about whether allowing a disabled security officer to use a mobility device to make his patrols was a reasonable accommodation.

  • Agency Action

    NLRB names new solicitor. The National Labor Relations Board (NLRB) in December announced the appointment of Fred B. Jacob as its new solicitor. The solicitor is the chief legal adviser and consultant to the Board on all questions of law regarding its general operations and on major questions of law and policy concerning the adjudication of NLRB cases in the courts of appeals and the U.S. Supreme Court. The solicitor also serves as the Board's legal representative and liaison to the General Counsel and other offices of the agency. Jacob has spent more than two decades practicing labor law and advising federal agencies on ethics, administrative law, and government operations.

  • Workplace Trends

    Survey finds lack of understanding of when workers will retire. U.S. employers are rethinking their approach to managing the retirement patterns of their workforces, according to a study from Willis Towers Watson. The 2018 Longer Working Careers Survey found that 83% of employers have a significant number of employees at or nearing retirement, but just 53% expressed having a good understanding of when their employees will retire. Additionally, while 81% say managing the timing of their employees' retirements is an important business issue, just 25% do that effectively. The survey found that 80% of respondents view older employees as crucial to their success.

  • Following the interactive process by the book pays off

    The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) recently affirmed a ruling in favor of UPS from the federal district court for the middle district of Tennessee stating that the company did not fail to accommodate its employee.

  • Consistent enforcement of written policies defeats national origin claims

    The 6th Circuit recently affirmed a lower court's ruling in favor of an employer in a case filed by two Hispanic employees who claimed they were discriminated against and harassed because of their national origin.

  • Age and disability no excuse for insubordination

    An employee who had spent more than 30 years in a leadership position with his company was properly demoted for continued poor performance despite being 57 years old and suffering from hearing loss.