Kentucky Statutes 337.423 – Discrimination prohibited
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(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, shall not be included within this prohibition. Nothing in KRS § 337.420 to KRS § 337.433 and 337.990(11) shall apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, as amended, when that act imposes comparable or greater requirements than contained in KRS § 337.420 to KRS § 337.433 and 337.990(11) and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the federal Fair Labor Standards Act of 1938, as amended.
(2) An employer who is paying a wage differential in violation of KRS § 337.420 to
337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee.
(3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of KRS § 337.420 to KRS § 337.433 and 337.990(11).
(4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of KRS § 337.420 to KRS § 337.433 and 337.990(11).
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 3, sec. 8, effective January 9, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1737, effective July 15, 2010. — Amended
1990 Ky. Acts ch. 42, sec. 6, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 414, sec. 14, effective July 13, 1984. — Created 1966 Ky. Acts ch. 114, sec.
2.
(2) An employer who is paying a wage differential in violation of KRS § 337.420 to
Terms Used In Kentucky Statutes 337.423
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 337.010
- Department: means the Department of Workplace Standards in the
Education and Labor Cabinet. See Kentucky Statutes 337.010 - Employee: is a ny person employed by or suffered or permitted to work for an employer, except that:
1. See Kentucky Statutes 337.010 - Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Wages: includes any compensation due to an employee by reason of his or her employment, including salaries, commissions, vested vacation pay, overtime pay, severance or dismissal pay, earned bonuses, and any other similar advantages agreed upon by the employer and the employee or provided to employees as an established policy. See Kentucky Statutes 337.010
337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee.
(3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of KRS § 337.420 to KRS § 337.433 and 337.990(11).
(4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of KRS § 337.420 to KRS § 337.433 and 337.990(11).
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 3, sec. 8, effective January 9, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1737, effective July 15, 2010. — Amended
1990 Ky. Acts ch. 42, sec. 6, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 414, sec. 14, effective July 13, 1984. — Created 1966 Ky. Acts ch. 114, sec.
2.