{"data":{"id":"us-ky/krs-207.135","jurisdiction":"us-ky","citation":"KRS 207.135","heading":"Protections available to persons with HIV -- Employment discrimination","body":"prohibited.\n(1) Any person with acquired immunodeficiency syndrome, acquired\nimmunodeficiency syndrome related complex, or human immunodeficiency virus\nshall have every protection made available to individuals with disabilities under\nKRS 207.130 to 207.240 and Section 504, Public Law No. 93 -112, the\nRehabilitation Act of 1973.\n(2) (a) No person may require an individual to take a human immunodeficiency virus\nrelated test as a condit ion of hiring, promotion, or continued employment,\nunless the absence of human immunodeficiency virus infection is a bona fide\noccupational qualification for the job in question.\n(b) A person who asserts that a bona fide occupational qualification exists f or\nhuman immunodeficiency virus -related testing shall have the burden of\nproving that:\n1. The human immunodeficiency virus-related test is necessary to ascertain\nwhether an employee is currently able to perform in a reasonable manner\nthe duties of the part icular job or whether an employee will present a\nsignificant risk of transmitting human immunodeficiency virus infection\nto other persons in the course of normal work activities; and\n2. There exists no means of reasonable accommodation short of requiring\nthe test.\n(3) (a) A person shall not discriminate against an otherwise qualified individual in\nhousing, public accommodations, or governmental services on the basis of the\nfact that such individual is, or is regarded as being, infected with human\nimmunodeficiency virus.\n(b) A person or other entity receiving or benefiting from state financial assistance\nshall not discriminate against an otherwise qualified individual on the basis of\nthe fact that such individual is, or is regarded as being, infected with hum an\nimmunodeficiency virus.\n(c) A person who asserts that an individual who is infected with human\nimmunodeficiency virus is not otherwise qualified shall have the burden of\nproving that no reasonable accommodation can be made to prevent the\nliklihood that the individual will, under the circumstances involved, expose\nother individuals to a significant possibility of being infected with human\nimmunodeficiency virus.\n(d) No person shall fail or refuse to hire or discharge any individual, segregate or\nclassify any individual in any way which would deprive or tend to deprive that\nindividual of employment opportunities or adversely affect his or her status as\nan employee, or otherwise discriminate against any individual with respect to\ncompensation, terms, conditi ons, or privileges of employment on the basis of\nthe fact that the individual is a licensed health care professional who treats or\nprovides patient care to persons infected with human immunodeficiency virus.","path":["KRS Chapter 207"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=7916","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:06Z","sha256":"86376ca1e7387a80739da01944224b0b483b6470bf22b1dacf29a7fbfe9e8fca","source_id":"us-ky","stale":false,"prev":"us-ky/krs-207.130","next":"us-ky/krs-207.140"},"notice":"GroundRules: Original legal text. Not legal advice."}