2.1 Legal Compliance

In order to provide equal employment and advancement opportunities to all individuals, employment decisions at NKY Health will be based on merit, qualifications and abilities. NKY Health does not discriminate in employment opportunities or practices on the basis of age (40 or over), HIV/AIDS status, race, color, religion, sex, pregnancy, childbirth, pregnancy/childbirth related medical conditions, national origin, disability, sexual orientation, gender identity, veteran status, family status, smoker status, genetic information, ethnic hair styles or any other legally protected classification except where a bona fide occupational qualification applies. NKY Health prohibits retaliation against an employee for opposing or complaining about discrimination or participating in discrimination legal proceedings, as well as for exercising any legal right related to employment.

NKY Health will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship to the agency or its operations. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, separation from employment, and access to benefits and training.

Any employee with questions or concerns about any type of discrimination in the workplace is to bring these issues to the attention of the District Director of Health and/or her/his designee or to the attention of the head of Human Resources. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action (see section 7.4), up to and including dismissal (see section 8.4.)

NKY Health participates in the affirmative action program of the Commonwealth of Kentucky set forth in KRS § 18A.138, which was expanded by Executive Order 2006-402 to ensure that all applicants and employees are afforded equal employment opportunities within the state government.

NKY Health is committed to correcting and preventing discrimination within the agency. Toward this end, NKY Health may conduct an annual evaluation of opportunities for protected group members, as well as an identification and analysis of problem areas inherent in their employment. NKY Health studies any area where a statistical analysis of the employee workforce reveals a numeric disparity between incumbency and availability of minorities or women and takes the action steps needed to correct any disparity.

NKY Health complies with all applicable provisions of the Americans with Disabilities Act and subsequent amendments. It is NKY Health’s policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual's disability including pregnancy/child birth related medical conditions or perceived disability as long as the individual can perform the essential functions of the job. Consistent with this policy of nondiscrimination, NKY Health will provide reasonable accommodation(s) to a qualified individual with a disability, as defined by the ADA, who has made NKY Health aware of her/his disability by request, provided that such accommodation does not constitute an undue hardship on NKY Health and its operations.

NKY Health will not participate in contractual or other arrangements or relationships that would subject qualified individuals with disabilities to the discrimination prohibited by the ADA. 

NKY Health encourages an individual with a disability to come forward and request reasonable accommodation. An applicant or employee with a disability who believes she/he needs a reasonable accommodation to perform the essential functions of the job should contact the head of Human Resources.

Upon receipt of a request for accommodation, NKY Health will discuss with the individual the precise limitations resulting from the disability and the potential accommodation(s) that NKY Health might make to help overcome those limitations. The individual must provide written substantiation from her/his medical provider.

NKY Health management will determine the feasibility of the requested accommodation(s) considering various factors including but not limited to costs in relation to NKY Health's overall financial resources, the potential impact on the operation of NKY Health, the impact on the delivery of services to the public, and the employee’s ability to perform her/his job duties.

NKY Health management will inform the individual of its decision pertaining to the accommodation request. 

(See ADAAA for details.)

An employee or applicant may formally appeal denial of a request for accommodation(s) using the appeal procedures outlined in these policies (see section 7.6.3.) 

An employee or applicant who has questions about the ADA policy or believes that she/he has been harassed or discriminated against based on a protected disability must notify the head of Human Resources. All ADA-related inquiries or complaints will be treated as confidentially as possible to the extent that proper investigation and/or the law allow. 

NKY Health will not coerce, intimidate, threaten, harass or interfere with any individual exercising or enjoying her/his rights under Title I of the ADA or because that individual aided or encouraged any other individual in the exercise of rights granted or protected by Title I of the ADA; nor will such conduct by other employees be tolerated by NKY Health.