FEPA Discrimination Charge and Right-to-Sue Procedure — Kentucky

FEPA Discrimination Charge and Right-to-Sue Procedure (KENTUCKY)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility assessment — Kentucky Civil Rights Act / KCHR / EEOC charge of discrimination

1. Employer Coverage (KRS § 344.030(2))

2. Protected Class & Adverse Action

Adverse Action(s): ☐ Termination ☐ Demotion ☐ Failure to hire ☐ Failure to promote ☐ Discipline ☐ Pay disparity ☐ Hostile work environment ☐ Constructive discharge ☐ Denial of accommodation ☐ Retaliation ☐ Other: [____________]

Date of last discriminatory act: [__/__/____]

3. Timeliness Analysis

4. Election-of-Remedies (KRS § 344.270) — CRITICAL

Kentucky bars duplicative recovery: a final determination by KCHR (or by a Kentucky court) on the merits of a KCRA claim precludes the other forum from taking jurisdiction over the same unlawful practice. Withdrawal of a KCHR charge before a final order or determination on the merits generally preserves the right to sue under KRS § 344.450. See Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995); Clifton v. Midway Coll., 702 S.W.2d 835 (Ky. 1985).

Strategy Recommendation:

• ☐ File directly in Circuit Court under KRS § 344.450 (avoids KCHR; preserves five-year SOL; avoids election bar)
• ☐ File at KCHR + cross-file with EEOC (preserves federal claim; suitable if administrative investigation desired and no early state suit contemplated)
• ☐ File at KCHR, withdraw before "final determination," then sue in Circuit Court (use written withdrawal letter; confirm no probable-cause determination has issued)
• ☐ File at EEOC only (no KCHR involvement; obtain federal Notice of Right to Sue; preserve state-court action under KRS § 344.450)

5. Damages Assessment

6. Recommendation

[____________]

Part B — Charge of Discrimination (FEPA Filing)

KENTUCKY COMMISSION ON HUMAN RIGHTS
CHARGE OF DISCRIMINATION
(Dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to KCHR/EEOC Worksharing Agreement)

KCHR Charge No.: [_______________] (assigned by Commission)
EEOC Charge No.: [_______________] (assigned by EEOC)

1. Complainant (Charging Party)

2. Respondent (Employer)

3. Cause of Discrimination Based On (check all that apply)

☐ Race ☐ Color ☐ Religion ☐ National Origin ☐ Sex (incl. pregnancy) ☐ Age (40+) ☐ Disability ☐ Genetic Information ☐ Retaliation ☐ Smoker/tobacco-use status (KRS § 344.040(1)(a))
☐ Sexual orientation (local ordinance — specify: [____________])
☐ Gender identity (local ordinance — specify: [____________])

4. Date(s) of Discrimination

• Earliest date: [__/__/____]
• Most recent date: [__/__/____]
• ☐ Continuing action

5. Particulars (Statement of Facts)

I. PERSONAL AND EMPLOYMENT BACKGROUND

1. I am a [____________] (protected class) and was employed by Respondent as a [JOB TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION] facility.

2. Throughout my employment, I performed my job satisfactorily. [Specific examples of positive performance: promotions, awards, performance reviews, etc.] [____________].

II. ADVERSE EMPLOYMENT ACTION

3. On [__/__/____], Respondent [terminated / demoted / failed to promote / disciplined / harassed / failed to accommodate / etc.] me. The decisionmaker was [NAME, TITLE].

4. Respondent's stated reason was [____________]. I dispute that reason and believe it was pretextual for the following reasons: [____________].

III. EVIDENCE OF DISCRIMINATORY MOTIVE

5. [Direct evidence: discriminatory comments, slurs, written communications, etc.] [____________].

6. [Comparator evidence: similarly situated employees outside the protected class who were treated more favorably] [____________].

7. [Pattern evidence: other employees in the protected class subjected to similar treatment; statistical disparities] [____________].

IV. RETALIATION (if applicable)

8. On [__/__/____], I engaged in protected activity by [complaining of discrimination / requesting accommodation / participating in investigation / filing prior charge / etc.]. Within [__] days, Respondent took the adverse action described above. I believe the adverse action was in retaliation for my protected activity in violation of KRS § 344.280 and 42 U.S.C. § 2000e-3(a).

V. STATUTORY BASIS

9. I believe I have been discriminated against in violation of KRS § 344.040 of the Kentucky Civil Rights Act because of my [PROTECTED CLASS]. I also believe my rights have been violated under [Title VII of the Civil Rights Act of 1964 / Age Discrimination in Employment Act / Americans with Disabilities Act / Pregnancy Discrimination Act / Genetic Information Nondiscrimination Act].

6. Verification

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.

Signature of Charging Party: [____________________________]
Printed Name: [____________________________]
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (REQUIRED — KCHR mandates notarized charge form)

Commonwealth of Kentucky )
County of [____________] ) ss.

Subscribed and sworn to before me this [____] day of [____________], 20[__], by [____________].

Notary Public: [____________________________]
My Commission Expires: [__/__/____]
Notary ID No.: [____________]

7. Filing Instructions

Part C — Right-to-Sue Demand Letter

Option 1 — Request to Withdraw KCHR Charge (Election to Pursue Circuit Court Action under KRS § 344.450)

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Certified Mail, Return Receipt Requested

Kentucky Commission on Human Rights
Attn: Compliance Director
332 W. Broadway, Floor 14
Louisville, KY 40202

Re: Request to Withdraw Charge — KCHR Charge No. [____________]; Complainant: [NAME]; Respondent: [EMPLOYER]

Dear Compliance Director:

This firm represents [COMPLAINANT NAME], the Complainant in the above-captioned charge of discrimination. Pursuant to KRS § 344.270 and 104 KAR 1:020, Complainant hereby withdraws the above charge of discrimination, effective immediately, in order to pursue a private civil action under KRS § 344.450 in the [COUNTY] Circuit Court.

Please confirm in writing that the charge has been withdrawn and that no "final determination" within the meaning of KRS § 344.270 has issued. Complainant has not received and does not seek a final determination on the merits.

Please direct all further communications regarding this matter to undersigned counsel.

Sincerely,

[ATTORNEY NAME]
[FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
KBA No.: [____________]

cc: [Respondent / Respondent's counsel]
[Complainant]

Option 2 — Request to EEOC for Federal Notice of Right to Sue

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Online Portal (EEOC Public Portal) and Certified Mail

U.S. Equal Employment Opportunity Commission
Louisville Area Office
600 Dr. Martin Luther King Jr. Place, Suite 268
Louisville, KY 40202

Re: Request for Notice of Right to Sue — EEOC Charge No. [____________]; Complainant: [NAME]; Respondent: [EMPLOYER]

Dear EEOC Director:

Pursuant to 29 C.F.R. § 1601.28(a) and 42 U.S.C. § 2000e-5(f)(1), Complainant [NAME] hereby requests the issuance of a Notice of Right to Sue (Form 161) in the above-referenced charge. More than 180 days have elapsed since the filing of the charge on [__/__/____], and Complainant elects to proceed with a private civil action in federal district court.

Complainant understands and acknowledges that issuance of the Notice will terminate EEOC's processing of the charge and that suit must be filed within 90 days of receipt of the Notice (42 U.S.C. § 2000e-5(f)(1)).

Sincerely,

[ATTORNEY NAME]
[FIRM]

Part D — Pre-Suit Civil Complaint (Template)

COMMONWEALTH OF KENTUCKY
[COUNTY] CIRCUIT COURT
DIVISION [____]
CIVIL ACTION NO. [____________]

VERIFIED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF, AND JURY TRIAL DEMAND
(Kentucky Civil Rights Act, KRS Chapter 344)

Comes now Plaintiff [NAME], by and through undersigned counsel, and for his/her Verified Complaint against Defendant [EMPLOYER], states as follows:

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction pursuant to KRS § 344.450 and KRS § 23A.010.

2. Venue is proper in [COUNTY] Circuit Court under KRS § 452.450 because the unlawful employment practices alleged herein occurred in [COUNTY] County, Kentucky, and/or because Defendant maintains its principal place of business in [COUNTY] County.

II. PARTIES

3. Plaintiff [NAME] is an adult resident of [COUNTY] County, Kentucky.

4. Defendant [EMPLOYER] is a [STATE OF INCORPORATION] [corporation/LLC/etc.] authorized to do business in Kentucky, with its principal Kentucky place of business at [ADDRESS]. At all relevant times, Defendant employed eight (8) or more individuals and was an "employer" within the meaning of KRS § 344.030(2).

III. EXHAUSTION / ELECTION OF REMEDIES

5. Exhaustion of administrative remedies is not required under KRS § 344.450. See Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995).

6. ☐ Plaintiff has not filed a charge with the Kentucky Commission on Human Rights, OR
   ☐ Plaintiff filed a charge with KCHR (No. [____________]) on [__/__/____] but withdrew it on [__/__/____] before any final determination on the merits, OR
   ☐ Plaintiff filed a charge with the EEOC (No. [____________]) on [__/__/____] and received a Notice of Right to Sue on [__/__/____].

IV. FACTUAL ALLEGATIONS

7. Plaintiff was employed by Defendant as a [JOB TITLE] from [__/__/____] to [__/__/____].

8. Plaintiff is a member of a protected class under KRS § 344.040 by virtue of [Plaintiff's race / sex / age / disability / etc.].

9. Throughout the relevant period, Plaintiff performed his/her duties in a satisfactory and competent manner. [____________]

10. [Detailed factual allegations of discriminatory conduct: comments, treatment, comparators, decisionmakers, dates] [____________]

11. On [__/__/____], Defendant subjected Plaintiff to [adverse action], in violation of the Kentucky Civil Rights Act.

12. Defendant's stated reason for the adverse action — [____________] — was pretextual. [____________]

13. Plaintiff has suffered and continues to suffer lost wages and benefits, emotional distress, humiliation, embarrassment, anxiety, loss of professional reputation, and other consequential damages.

V. CAUSES OF ACTION

COUNT I — Discrimination on the Basis of [PROTECTED CLASS] (KRS § 344.040)

14. Plaintiff incorporates by reference all preceding paragraphs.

15. Defendant's conduct constitutes unlawful discrimination on the basis of [PROTECTED CLASS] in violation of KRS § 344.040.

16. Plaintiff is entitled to relief under KRS § 344.450.

COUNT II — Retaliation (KRS § 344.280) [if applicable]

17. Plaintiff incorporates by reference all preceding paragraphs.

18. Plaintiff engaged in protected activity by [____________].

19. Defendant retaliated against Plaintiff in violation of KRS § 344.280.

COUNT III — Hostile Work Environment (KRS § 344.040) [if applicable]

20. Plaintiff incorporates by reference all preceding paragraphs.

21. Plaintiff was subjected to unwelcome, severe and pervasive conduct because of [PROTECTED CLASS], altering the terms and conditions of employment in violation of KRS § 344.040. Ammerman v. Bd. of Educ. of Nicholas Cnty., 30 S.W.3d 793 (Ky. 2000).

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant for:

a. A permanent injunction enjoining Defendant from further violations of the Kentucky Civil Rights Act;
b. Reinstatement to Plaintiff's former position with restoration of seniority, benefits, and all incidents of employment, OR front pay in lieu of reinstatement;
c. Actual damages including, but not limited to, back pay with interest, lost benefits, front pay, and compensatory damages for emotional distress, humiliation, embarrassment, and loss of professional reputation;
d. A reasonable attorney's fee pursuant to KRS § 344.450;
e. Costs of this action;
f. Pre-judgment and post-judgment interest at the maximum statutory rate;
g. Trial by jury on all issues so triable; and
h. Such other and further relief as this Court deems just and equitable.

JURY DEMAND: Plaintiff demands trial by jury on all issues so triable under the Kentucky Constitution and CR 38.

Respectfully submitted,

[ATTORNEY NAME], KBA No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [FAX]
[EMAIL]
Counsel for Plaintiff

VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Verified Complaint and that the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[__________________________]
[PLAINTIFF SIGNATURE]

Subscribed and sworn before me this [____] day of [__________], 20[__].

Notary Public: [____________]
My Commission Expires: [__/__/____]

Part E — Pre-Filing Checklist

Eligibility & Coverage

☐ Confirmed Respondent has 8 or more employees (KRS § 344.030(2))
☐ Confirmed protected-class basis under KRS § 344.040
☐ Identified the precise adverse employment action(s)
☐ Date of last discriminatory act documented: [__/__/____]
☐ Continuing-violation analysis completed

Deadlines (CRITICAL)

☐ KCHR 180-day deadline calendared: [__/__/____]
☐ EEOC 300-day deadline calendared: [__/__/____]
☐ KRS § 344.450 five-year SOL calendared: [__/__/____]
☐ Federal 90-day post-RTSL SOL calendared (if applicable): [__/__/____]

Strategy

☐ Election-of-remedies analysis under KRS § 344.270 completed
☐ Forum selection (KCHR / EEOC / Circuit Court / U.S. District Court) decided and documented
☐ Damages assessment prepared (back pay, front pay, compensatory, attorney fees)
☐ Federal Title VII damages cap (42 U.S.C. § 1981a) analyzed for federal claims
☐ Punitive damages analysis under McCullough completed

Evidence

☐ Personnel file requested (Kentucky has no broad personnel-file statute; obtain via subpoena or discovery)
☐ Pay records, W-2s, paystubs collected
☐ Performance evaluations collected
☐ Discriminatory communications (emails, texts, written statements) preserved
☐ Comparator evidence identified
☐ Witness list prepared
☐ Medical / mental health records (for emotional-distress claim) obtained with HIPAA authorization
☐ Litigation hold letter sent to Respondent

Filing

☐ KCHR Inquiry Form submitted (or strategic decision NOT to file at KCHR documented)
☐ Charge notarized in compliance with KCHR rules
☐ EEOC dual-filing box checked
☐ Filing receipt / Charge Number retained
☐ Service on Respondent confirmed (KCHR serves within 5 days)
☐ Calendar set for Respondent's Position Statement (typically 30 days)

Federal Coordination

☐ EEOC charge number obtained
☐ Worksharing agreement deferral confirmed
☐ 180-day "early" RTSL availability calendared
☐ ADA / ADEA / GINA bases preserved in charge text

Pre-Suit Civil Action (KRS § 344.450)

☐ Verified Complaint drafted (Part D)
☐ Venue confirmed (KRS § 452.450)
☐ Pre-suit demand letter sent (optional)
☐ Settlement-leverage analysis completed
☐ Jury demand included

Client Communications

☐ Retainer / engagement letter executed
☐ Election-of-remedies risks explained in writing
☐ Damages range disclosed
☐ Fee structure (contingent / hourly / KRS § 344.450 fee-shifting) explained
☐ Settlement authority obtained

Sources and References

• Kentucky Commission on Human Rights — File a Complaint: https://kchr.ky.gov/Pages/File-a-Complaint.aspx
• Kentucky Commission on Human Rights — KRS Chapter 344 (Kentucky Civil Rights Act): https://kchr.ky.gov/About/Pages/Kentucky-Civil-Rights-Act.aspx
• KRS § 344.040 — Unlawful discrimination by employers: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49405
• KRS § 344.200 — Complaints of discrimination — Procedure: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44394
• KRS § 344.270 — Election of remedies: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32630
• KRS § 344.450 — Civil remedies for injunction and damages: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32648
• KRS § 413.120 — Five-year limitations: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39208
• KCHR/EEOC Worksharing Agreement — EEOC Louisville Area Office: https://www.eeoc.gov/field-office/louisville/location
• 104 KAR Chapter 1 — KCHR Administrative Regulations: https://apps.legislature.ky.gov/law/kar/titles/104/
• Mitchell v. Univ. of Ky., 366 S.W.3d 895 (Ky. 2012) (five-year SOL for KRS § 344.450 actions)
• Vaezkoroni v. Domino's Pizza, Inc., 914 S.W.2d 341 (Ky. 1995) (no exhaustion requirement under KRS § 344.450)
• Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2003) (punitive damages generally unavailable under KCRA)
• Meyers v. Chapman Printing Co., 840 S.W.2d 814 (Ky. 1992) (sex discrimination includes pregnancy)
• Ammerman v. Bd. of Educ. of Nicholas Cnty., 30 S.W.3d 793 (Ky. 2000) (hostile work environment standard)
• EEOC — Filing a Charge: https://www.eeoc.gov/filing-charge-discrimination
• 42 U.S.C. § 2000e-5 — Enforcement procedures (Title VII): https://www.govinfo.gov/app/details/USCODE-2023-title42/USCODE-2023-title42-chap21-subchapVI-sec2000e-5