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Bill Summary · HB 772

Overview

HB 772 (2026 Regular Session, Kentucky) is an act relating to employment discrimination. The bill amends multiple sections of Kentucky’s employment discrimination law (KRS Chapter 344) to expand protections against discrimination in employment, hiring, licensing, and related areas, and to clarify employer duties regarding pregnancy-related accommodations, smoking status, and notice requirements.

Main purpose and intent

  • Strengthen protections against discrimination in employment on a broader set of grounds, including race, color, religion, national origin, sex, weight, age (40 and over), disability, and smoking status (smoker vs. nonsmoker).
  • Expand and codify employers’ obligations to provide reasonable accommodations for pregnancy-related limitations.
  • Reinforce anti-discrimination norms across employment agencies, licensing authorities, labor organizations, and apprenticeship/training programs.
  • Preserve reasonable employer practices that are permissible under federal or state law (e.g., bona fide seniority or merit systems, production-based pay, and bona fide occupational qualifications).

Key provisions and changes

  • Section 1 (KRS 344.040) – Unlawful practices by employers:

    • Prohibits discrimination in hiring, firing, compensation, terms, conditions, or privileges of employment based on race, color, religion, national origin, sex, weight, age 40 and over, disability, or smoking status (as long as the employee complies with workplace smoking policy).
    • Prohibits limiting or classifying employees in ways that adversely affect employment opportunities for the same listed categories.
    • Adds requirement for reasonable accommodations for pregnancy/related conditions, including expressing breast milk; permits denial only if undue hardship can be shown.
    • Establishes an interactive process and timely engagement for accommodations; creates a rebuttable presumption against undue hardship if comparable accommodations are provided to similar employee classes.
    • Prohibits employment conditions that require abstinence from tobacco outside work if consistent with smoking policy.
    • Clarifies no unlawful discrimination based on smoking status outside work if policy complied with.

  • Section 1 (continued) – Notice and information requirements:

    • Employers must provide written notice of pregnancy-related discrimination rights to new hires and existing employees within 30 days after June 27, 2019.
    • Employers must conspicuously post notice of these rights at the workplace.

  • Section 2 (KRS 344.050) – Employment agencies and licensing agencies:

    • Prohibits discrimination by employment agencies in referring for employment on the same protected classes and age ranges (40–70) as stated.
    • Prohibits licensing agencies from denying licenses on the same protected characteristics.

  • Section 3 (KRS 344.060) – Labor organizations:

    • Prohibits discrimination by labor organizations in membership or referral practices on the same protected characteristics.
    • Prohibits actions that would cause employers to discriminate in violation of the act.

  • Section 4 (KRS 344.070) – Apprenticeship and training programs:

    • Prohibits discrimination by employers, labor organizations, or joint committees in admission to or employment in apprenticeship or training programs on the listed characteristics.

  • Section 5 (KRS 344.080) – Notices and advertisements:

    • Prohibits notices/advertisements that indicate preferences or discrimination based on protected characteristics, with limited exceptions for bona fide occupational qualifications (BFQ) tied to religion, national origin, sex, weight, age 40+, or disability.

  • Section 6 (KRS 344.100) – Bona fide seniority/merit systems:

    • Maintains that differences in compensation or terms based on seniority, merit, production, or location are not unlawful if not used to discriminate on protected characteristics.
    • Supports use of professionally developed ability tests when not designed to discriminate.

  • Section 7 (KRS 344.110) – Non-preferential treatment and limitations:

    • Clarifies that nothing in the chapter requires preferential treatment to address imbalances in representation.
    • Keeps permissible non-discriminatory exceptions for minimum hiring ages, federal/state compliance, essential function determination with/without accommodation, post-job-offer medical examinations, and honoring bona fide employee benefit plans (retirements, pensions, insurance) that are not subterfuges to evade the act.

Who and what would be affected

  • Employers across private and public sectors, including:
    • General employers subject to Kentucky’s employment discrimination laws.
    • Employment agencies and licensing agencies that regulate professional licensure.
    • Labor organizations and joint labor-management committees (e.g., apprenticeship programs).
  • Employees and job applicants, particularly:
    • Individuals protected by race, color, religion, national origin, sex, weight, age 40+, disability.
    • Smokers and nonsmokers (in relation to smoking policies and accommodations).
    • Pregnant workers or those with pregnancy-related medical conditions seeking accommodations.
  • New and existing employees receive mandatory notice; workplaces must display notices publicly.

Procedural and timeline aspects

  • Notice requirements:
    • Employers must provide written notice of pregnancy-related rights to new hires and to existing employees within 30 days after June 27, 2019.
    • Employers must conspicuously post related notices at the place of business.
  • Effective interpretation:
    • The bill creates a rebuttable presumption of no undue hardship if the employer provides or has provided similar accommodations to other classes of employees.
  • Relationship to federal law:
    • Provisions acknowledge consistency with federal regulations and allow standard employment practices that are non-discriminatory and job-related.

Potential impact

  • Expanded protections against discrimination in hiring, promotion, and compensation.
  • Increased emphasis on accommodation processes for pregnancy-related needs.
  • Stronger anti-discrimination posture for those involved in employment referrals, licensing, and training programs.
  • Clarified expectations for notices and advertisements to prevent misapplication of discriminatory criteria.
  • Maintains balance by allowing legitimate BFQs, seniority, merit, and location-based hiring practices when not used to discriminate.

Compiled from official sources — confirm details with the bill’s official record.

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