Exemptions Covering All Civil Rights Statutes in Kentucky

Balancing Individual Constitutional Freedoms and Equality

Areas Covered:

Employment: race, color, national origin, religion, disability PLUS sex, age 40 and over, and smoking

Housing: race, color, national origin, religion, disability PLUS sex, and familial status

Public Accommodations: race, color, national origin, religion, disability PLUS sex (hotels, motels, and government-ran facilities only), familial status (?) smoking?

Exemptions for All Civil Rights:

Employment- Number of Employees: Businesses must employ 7 or fewer workers to be exempt under guarantees of free assembly. Businesses with 8 or more workers are not exempt.

Example: The family bakery, which has 3 employees, doesn’t have to hire anyone of another race or religion.

Employment- Religious Exemptions: Religious organizations may hire only members of their faith for work (limit on number size of business?)

Example: The pagan coven doesn’t have to hire the Baptist woman when interviewing for the coven secretary position.

Housing- Number of Units: Property owners renting three or fewer units that are connected to the owner’s domicile are exempt. Four or more rental units are not exempt even where these units are in the same building as the owner’s own unit.

Example: A landlord renting the other half of his duplex does not have to rent to a family with small children.

Public Accommodations- Religious Exemptions: Religious organizations’ places of worship are exempt. If a religious organization offers its facilities and/or services to the general public, these religious-owned businesses are treated as secular-owned businesses and must follow civil rights statutes.

Example: A church does not have to allow anyone of another faith (or race, etc.) into its congregation. (Freedom of religion and assembly)

Public Accommodations- Private Clubs/Member-Only Services: Facilities owned by a private organization or religious group that offers services and facilities solely to their members are exempt from civil rights statutes.

Example: A synagogue which offers gym facilities to its congregation only does not have to allow disabled people.