ADA Bias Claim Upended by Kentucky Law’s Definition of ‘Disability’

October 12, 2016 By Jennifer Asbrock
HR Daily Advisor

It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price in disability discrimination claims. A Kentucky court recently ruled that the KCRA contains a narrower definition of “disability” than the federal Americans with Disabilities Act (ADA).

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