The U.S. Court of Appeals for the Fourth Circuit is the first federal appeals court to apply the ADA Amendments Act’s “expanded definition of disability” to include temporary impairments, in a January 23rd ruling holding that a temporary impairment caused by an injury may be a covered “disability” under the ADA Amendments Act if it’s…
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On February 12, 2014, in a major victory for same-sex couples across the Commonwealth, a federal judge struck down Kentucky’s ban on recognizing same-sex unions performed in states where it is legal. Currently, 17 states and the District of Columbia legally recognize same-sex marriages. On February 13, 2014, another federal judge ruled that Virginia’s statutory…
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House Speaker Greg Stumbo won committee approval today of his bill to increase the minimum wage from $7.25 an hour to $10.10. This would reportedly affect the wages of 391,000 Kentuckians who currently make less than $10.10 an hour. House Bill 1 proposes to implement this change over three years, and the bill would not…
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A former McCracken County clerk employee has settled her claims for wrongful termination, based upon allegations that she was harassed by coworkers then fired by the county clerk in 2012 after she blew the whistle on what she believed was tax fraud. The county and its insurance provider paid her $345,000 to “avoid the risk…
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Working in the trucking and shipping industry can be a rough occupation. It often involves tight deadlines, thousands of miles of pavement, and long hours – not to mention navigating America’s roads and interstates, which claimed over 34,000 lives in 2012 alone. As you might imagine, safety on the road is a large concern for…
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Over a hundred Kentucky lawmakers just received their first ever sexual harassment training. http://wkms.org/post/kentucky-legislators-receive-first-sexual-harassment-training An attorney with the U.S. Equal Employment Opportunity Commission provided the harassment and retaliation prevention training to the legislators. This was after allegations that former Representative John Arnold harassed two staffers, as well as accusations against Representative Will Coursey that he…
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The EEOC recently released a new study that examines obstacles women are still facing in the federal workplace. The report was prepared by an internal EEOC work group explicitly commissioned for the study, and was produced with input from a number of federal and non-federal interest and advocacy groups. It identifies six specific obstacles women…
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When used in the context of the Americans with Disabilities Act, the term “disability” covers a lot of ground. There are obviously a number of physical conditions, chronic illnesses, and mental health issues that are invoked and covered by the Act. One type of disability that often goes overlooked, however, is the well-known, but commonly…
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The free practice of religion is one of the core principles that our country is founded upon. A number of our laws protect religious institutions from government encroachment, and our Constitution speaks directly to the paramount freedom our citizens are allowed in practicing whatever requirements their particular religions require. In keeping with those principles the…
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Last week we discussed the anti-retaliation provisions of the Kentucky Patient Safety Act, located in KRS § 216B.165. As a reminder, these provisions require healthcare workers to report issues they notice at work that might jeopardize the quality of their respective facilities’ standard of patient care or safety. Additionally, the statute offers protection for healthcare…
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