Those who have experienced workplace discrimination and wish to file a claim may feel overwhelmed by the process. Individuals working in Kentucky may file a claim under one of two agencies-The Equal Opportunity and Employment Commission or the Kentucky Commission on Human Rights.
Filing a Claim with the Proper Agency
The EEOC is a federal agency governing employment discrimination. It applies to employers with 15 or more employees. Those who wish to file a claim can do so on the EEOC website or contact the local office in Louisville. Claims must be filed within 300 days of the day the discrimination occurred. The KCHR is Kentucky’s state agency that generally covers smaller employers, often 14 or fewer employees. Claims must be filed within 180 days of the day the discrimination occurred.
Although it’s not required to file a discrimination claim with both agencies, some individuals may wish to cross-file with both organizations. Doing so allows the EEOC and KCHR to work together to investigate the claim. The option to cross-file may rest on the number of total employees within an organization. Cross-filing can change filing deadlines. Those who are unsure of deadlines or which agency is right for them may feel at ease with an experienced attorney.
Pursuing a Claim in Court
Some employment discrimination claims can be solved under the EEOC or KCHR. To file a case in federal court, claimants must have first attempted resolution with the EEOC. If the EEOC dismisses a claim, individuals can pursue their cases further by filing in federal court. Kentucky state courts are subject to different rules, so claimants may file in state court even if KCHR hasn’t dismissed a claim. Claims resolved at the agency level are not required to proceed in court.