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Recent State and Local Human Rights Commission Rulings

Posted online September 14, 2012

Racial discrimination in employment, still a problem

The following cases were presented to the Kentucky Commission on Human Rights and the Lexington-Fayette Urban County Human Rights Commission. Each Commission receives several complaints each month, The Key Newsjournal prints information on cases related to race when the charging party or respondent is from Central Kentucky.

DeShaun Pettway v. Affiliated Computer Services Inc., (ACS)

Lexington, Ky.: DeShaun Pettway alleged ACS discriminated against him based on the protected class of race in the area of employment, a violation of the Kentucky and U.S. Civil Rights acts. Pettway claimed the company denied him his paid time-off wages upon leaving his position with the company. Based on its investigation, the commission issued notice to the parties that probable cause existed to believe discrimination had occurred. Before the commission held a final hearing in the case, the parties chose to resolve the matter with a conciliation agreement. The company denied all allegations of violation of the law. It affirmed that it does and shall comply with civil rights law in its employment practices. As part of the agreement, Affiliated Computer Services will compensate Pettway in the amount of $3,500, of which $774 will be subject to payroll withholdings. The company will undergo employer civil rights compliance training and submit to compliance monitoring for one year by the Kentucky Commission on Human Rights.

For help with discrimination or to ask for free literature about civil rights, contact the Kentucky Commission on Human Rights at 1.800.292.5566. Or, visit the website at www.kchr.ky.gov. From there, also visit the commission Face Book and Twitter pages for news and announcements regarding protected classes and commission activities.

Delvin Logan v. GSC Lexington, LLC (Gold Star Chili)

Lexington, Ky.: Delvin Logan, a 42 year old Black male, alleges that he was not hired for the cook and cashier position that he applied for based on his age. Upon investigation, the Lexington-Fayette Urban County Human Rights Commission found that there was cause to believe that racial discrimination also occurred, so the complaint was amended to reflect those findings. Mr. Logan alleges that he was told that the owner wanted to hire a “college-aged crew’’ and he didn’t want the place to be a ghetto. GSC denies this and claims that no positions were available. After an investigation, which included review of company records and staff interviews, the Commission found that there was sufficient evidence of record to credit Mr. Logan’s allegation of unlawful discrimination based on his race and age. A probable cause finding was entered. Reconciliation attempts to resolve this action have been unsuccessful. In June a request was made by the commission for a Public Hearing during a regularly scheduled commission meeting.

Lexington residents may file complaints of discrimination with the Lexington-Fayette Urban County Human Rights Commission Complaints may be filed in person, online, by mail, or by telephone by contacting the HRC office at 162 East Main Street, Suite 226, Lexington, KY 40507, Ph: (859) 252-4931 TDD: (859) 252-7057 http://www.lfuchrc.org/

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