{"data":{"id":"us-ky/krs-207.200","jurisdiction":"us-ky","citation":"KRS 207.200","heading":"Enforcement by Department of Workplace Standards.","body":"(1) The Kentucky Department of Workplace Standards is authorized to enforce the\nemployment provisions of KRS 207.130 to 207.240 in conjunction with the State\nAttorney General's office and the state and local courts.\n(2) Any individual with a disability request ing the intervention of the Kentucky\nDepartment of Workplace Standards under this section shall, within one hundred\nand eighty (180) days of the alleged incident, submit with his request a signed,\nsworn statement specifying and describing the disability or  disabilities which affect\nhim. This statement may be used by the commissioner of workplace standards or\nhis representative to determine if the individual does, or does not, have a \"physical\ndisability\" as defined in KRS 207.130(2). If the commissioner of workplace\nstandards or his representative determines that the aggrieved individual does have a\ndisability which falls under the definition in KRS 207.130(2), the Department of\nWorkplace Standards shall provide a copy of the aggrieved individual's signed\nstatement to the employer for his inspection.\n(3) In the event the employer wishes to challenge the validity of the statement, he shall\nso notify the commissioner of workplace standards, who shall in turn notify the\naggrieved individual. If the aggrieved ind ividual wishes the Department of\nWorkplace Standards to continue its involvement with the case, he shall be required\nto submit to the commissioner of workplace standards, within thirty (30) days of\nsuch notice, a signed, sworn statement from a licensed phy sician of his choice, or\nfrom one of the state or federal agencies serving individuals with disabilities:\n(a) Specifying and describing the disability or disabilities affecting the individual;\nand\n(b) Indicating any specific type of employment for which su ch disability should\nbe considered a bona fide or necessary reason for limitation or exclusion.\n(4) (a) The state agencies which may be consulted under subsection (3) of this\nsection may include but are not limited to the following:\n1. Department of Education, Office of Vocational Rehabilitation Services;\n2. Cabinet for Health and Family Services, Department for Public Health;\nand\n3. Education and Labor Cabinet.\n(b) The commissioner of workplace standards, in conjunction with the agencies\ndesignated in this subsection, is authorized to adopt appropriate regulations\ngoverning the issuance and setting the standards of determinations of ability\nor disability.\n(c) The agencies designated in this subsection, and any other state agency which\nserves individuals with disabilities and which the commissioner of workplace\nstandards deems proper, shall cooperate to the fullest with the Department of\nWorkplace Standards in issuing a statement of disability and limitations as\nspecified in subsection (3) of this section within twenty (20) days of the date\nthe individual with a disability presents himself before such agency for\nexamination.\n(5) (a) For the purposes of KRS 207.130 to 20 7.240, the commissioner of workplace\nstandards, or his authorized representative, shall have the power to enter the\nplace of employment of any employer, labor organization, or employment\nagency to inspect and copy employment records, to compare character o f\nwork and operations on which persons employed by him are engaged, to\nquestion such persons, and to obtain such other information as is reasonably\nnecessary to make a preliminary determination that the aggrieved individual\nis, or is not, fully capable of carrying out the duties of the job which he or she\nhad been denied.\n(b) In the event that a preliminary determination is made that the aggrieved\nindividual is not fully capable of carrying out the duties of the job which he or\nshe had been denied, the aggr ieved individual and the employer shall both be\nso advised.\n(c) The aggrieved individual, within ten (10) days of receiving such notification,\nmay file with the Department of Workplace Standards an application for\nreconsideration of the determination. Upon  such application, the\ncommissioner of workplace standards or his representative shall make a new\ndetermination within ten (10) days whether the aggrieved individual is, or is\nnot, fully capable of carrying out the duties of the job which he or she had\nbeen denied. If the determination is again made that the aggrieved individual\nis not fully capable of carrying out these duties, the aggrieved individual and\nthe employer shall both be so advised.\n(d) In the event that a preliminary determination has been made that the aggrieved\nindividual is fully capable of carrying out the duties of the job which he or she\nhad been denied, the employer, labor organization, or employment agency\nshall be so advised and encouraged to make an immediate offer to the\naggrieved individual of the position which he or she had been denied. In the\nevent the position has already been filled, the employer, labor organization, or\nemployment agency shall be encouraged to make an offer to the aggrieved\nindividual of the next available position for which he or she is qualified.","path":["KRS Chapter 207"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54256","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:06Z","sha256":"899c0db0dcaf7eb58dced775cba4b12f6a8db2f44f3c1f67f456dda94d78e6ea","source_id":"us-ky","stale":false,"prev":"us-ky/krs-207.190","next":"us-ky/krs-207.210"},"notice":"GroundRules: Original legal text. Not legal advice."}