Kentucky News & Analysis

  • Forklift driver wins ADA case because medical exam was unlawful

    A forklift operator was terminated for refusing to comply with a company-hired doctor's request that she provide medical records related to her treatment for colon cancer before he would clear her to continue driving a forklift. She sued, alleging violations of the Americans with Disabilities Act (ADA), the Kentucky Civil Rights Act (KCRA), and the Genetic Information Nondiscrimination Act (GINA) and won her case because neither the medical examination—which the employer periodically requires for all employees who operate heavy equipment—nor the doctor's request for her cancer records was "job-related and consistent with business necessity."

  • Requiring a doctor's note after worker self-reports issues isn't discrimination

    An employee's disability discrimination claim failed because he refused to provide updated information from his doctor after his wife sent a letter to his supervisor claiming he was mentally unstable. The wife's letter also contradicted the employee's doctor's note stating that he was fit for duty.

  • Was employee's requested accommodation actually necessary?

    An employee's disability discrimination claim failed because she couldn't show that her requested accommodation of 30 to 60 minutes of exercise needed to be uninterrupted and she already had sufficient time to exercise throughout her workday.

  • New technologies create new employee privacy issues

    Unless you work for a company that's very small or very low-tech by nature, chances are, one of your biggest challenges is keeping up with technology. If your competitors are taking advantage of the many new technological advances that promote efficiency and productivity while you're stuck in 1999, your business will struggle to compete.

  • KY court: Atheism is a protected class, but sexual orientation isn't

    A Kentucky federal court recently allowed a former employee's claim of harassment based on his atheism to proceed but rejected his claim of harassment based on his coworkers' beliefs about his sexual orientation.

  • The end of the Kennedy era

    For the past 20 years, Anthony Kennedy has decided the most important issues in America. An early protégé of Justice Antonin Scalia, Kennedy was appointed by Ronald Reagan as a conservative choice for the U.S. Supreme Court. At first, he voted with the conservative bloc more than 90 percent of the time and remained solidly conservative on criminal justice issues throughout his judicial tenure.

  • Agency Action

    NLRB launches ADR pilot program. The National Labor Relations Board (NLRB) announced in July that it is launching a new pilot program to enhance the use of its alternative dispute resolution (ADR) program. The pilot program is intended to increase participation opportunities for parties in the ADR program and help facilitate mutually satisfactory settlements. Under the new program, the NLRB's Office of the Executive Secretary will proactively engage parties with cases pending before the Board to determine whether their cases are appropriate for inclusion in the ADR program. Parties also may contact the Office of the Executive Secretary and request that their case be placed in the ADR program. There are no fees or expenses for using the program.

  • Keeping your job may be sufficient consideration for KY noncompete

    The Kentucky Court of Appeals has confirmed that continued employment can constitute sufficient consideration (or something of value given in return) for signing a noncompete agreement.

  • 'Fair-share' fee ruling brings new day for public employers, employees

    With proponents of a U.S. Supreme Court decision against the collection of "fair-share" fees claiming a victory for First Amendment rights and critics calling the ruling an example of the Court siding with billionaires against workers, employers are adjusting to a major change in the world of agency shops in the public sector.

  • Words really do matter: drafting airtight settlement agreements in Kentucky

    The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) recently found that a jailer who "locked out" an employee of one of the jail's contractors could be sued despite the fact that the employee had signed a settlement agreement with the jail's contractor waiving all claims against the contractor and its "affiliates." The court of appeals determined that the jailer wasn't an "affiliate" of the contractor. Therefore, he wasn't covered by the settlement agreement.