A Quick Primer on Kentucky Harassment Laws
Harassment law in Kentucky is codified in two specific provisions of Kentucky’s criminal code: KRS 525.070 and KRS 525.080. Within the criminal context, harassment has different requirements and is a different crime than sexual harassment. Sexual harassment, usually associated with dozens of civil lawsuits in all forms of employment, is not a criminal offense. These two criminal statutes in Kentucky for harassment are designed to protect the public from unwanted contact and physical intimidation. They do not go as far as to prohibit the use of derogatory names or slurs; however, indirectly, they do prohibit this conduct when coupled with other unwanted contact.
The first criminal offense, KRS 525.070, defines harassment, "A person is guilty of harassment when, with the intent to intimidate, harass, annoy, abuse, or alarm another person, he or she: (a) Communicates with another under circumstances that cause alarm to the person and serve no purpose of legitimate communication; or (b) makes a telephone call, whether or not conversation ensues , with no purpose of legitimate communication; or (c) makes an electronically communicated communication that either (I) Is an invitation to engage in sexual activity; or (ii) threatens to inflict injury or physical harm to any person or property; or (iii) Accuses any person of any crime or implies that he or she has committed a crime; or (iv) Subjects the other person to offensive physical contact; or (v) Creates a reasonable belief of handling physical harm."
The second criminal offense, KRS 525.080 makes it a crime for a person, "to communicate to or about another person, in a threatening or intimidating manner, any words, drawings, diagrams, or acts, including graffiti, or by causing the same to be communicated in an obviously threatening and intentionally intimidating manner." Both KRS 525.070 and KRS 525.080 are Class B misdemeanors in Kentucky. In Kentucky, a Class B misdemeanor is punishable by up to 90 days in jail and $250 in fines (KRS 534.030).
In contrast to these criminal laws for harassment, sexual harassment in Kentucky is governed by Title VII of the Civil Rights Act of 1964 which is enforced by the federal Equal Employment Opportunity Commission.
Types of Harassment Covered by Kentucky State Law
Kentucky, like many other states, has laws aimed at curbing different forms of harassment. Under the Kentucky Commission on Human Rights Examinations Manual, the Kentucky Civil Rights Act, codified at KRS 344, provides a statutory scheme for addressing a variety of unlawful discriminatory practices. The KCHRE has determined that a violation of the KCRA on the basis of sex includes unlawful employment practices, such as sexual or gender-based harassment and harassment harassment based on pregnancy, childbirth or related medical conditions.
In 2017, Kentucky became the first state to pass legislation that holds religious and secular organizations and individuals liable for harassment of employees, customers and guests on the basis of sexual orientation and gender identity. See KRS 344.040(2)(a) and (b). Employers, along with religious and other organizations and individuals, must be in compliance as of June 27, 2018.
While all of these forms of harassment fall under that of the KCRA, it is worth exploring how Kentucky distinguishes each, and the differences between each of these forms of harassment. For example, while employment harassment falls under the KCRA as discrimination based on the employee’s sex, sexual harassment is not always tied directly to the gender of the victim. Discrimination because of another’s gender is another form of harassment, which is covered by the KCRA, but is not limited to employment. It encompasses all types of gender-based discrimination – whether on or off the job and irrespective of the actual or perceived sexual identity of the harasser or victim.
Like discrimination on the basis of gender, sexual harassment is not limited to an employment context. For example, a victim of sexual harassment may be a customer or guest of a business, while the perpetrator and complainant need not be of the same gender. Sexual harassment includes unwanted sexual advances or conduct or sexually offensive remarks, regardless of the perpetrator’s gender. "Sexual harassment can include unwelcome, intended and unwanted conduct of a sexual nature by managers, co-workers, customers, or even strangers." Kentucky Civil Rights Examinations Manual.
The Kentucky law also expressly makes available a private right of action to actionable claims of sexual harassment against both employers, individuals and non-employers.
Harassment Can Result in Criminal Charges
In Kentucky, if a person has been found guilty of harassment (in violation of KRS 525.070(3)) more than once, they could be sentenced to a Class B misdemeanor, which could mean a fine of up to $500, or up to 90 days in county jail. This first conviction is something most people will get charged with. However, you might be looking at Class A criminal misdemeanor penalties for repeated or sometimes aggravated harassment.
This aggravated harassment occurs under KRS 525-0706 when you have been convicted of a similar charge twice within the past five years. Add to that physical contact and the guilty party has a Class A misdemeanor on their hands, as well as a possible $500 fine. The most severe parts of this law come into play when harassment becomes stalking. People who are found guilty of aggravated harassment are considered stalkers when multiple attempts to contact them have occurred, including but not limited to phone calls, text messages, emails, instant messages, and/or letters. The added element of physical contact or harassment comes into play when the other party feels real fear of having bodily harm come to them due to the stalker’s actions or when the stalker is engaging in a crime against another person or group of people. The fear may be HUGE to the victim because of the stalker’s attempts at domestic violence by way of stalking.
How to Report Harassment in Kentucky
Victims of harassment have the ability to pursue criminal and civil cases against their harassers. If you are being harassed in Kentucky, call the local police department, and depending on the type of harassment you have been allowed to file a report. Local authorities may take legal action through the criminal courts, and in some instances, the Kentucky Attorney General can bring costs against the perpetrator.
Victims may also file a civil complaint with the Equal Employment Opportunity Commission. Under federal law, the EEOC prohibits employment discrimination, including harassment by employers. Once you file a charge, the EEOC will begin a thorough investigation. You may then be able to file a civil complaint to recover damages relating to economic losses because of the harassment that you faced from your employer.
The steps that you need to take to file are pretty straightforward:
Additionally, when you talk to the police, they will take down your information and they will ask you several questions, including:
You will be asked to provide your statement under oath, and the officer will make you sign the statement. You will need to be as detailed as possible about the incident.
Finally, you will need to sign a witness consent form allowing the investigating officer to contact the witnesses. This allows the police to compel witnesses to testify in a court of law.
Helpful Resources for Harassment Victims
Resources for Victims of Harassment in Kentucky
If you have been a victim of harassment, know that you are not alone, and there is a network of professionals dedicated to helping you. In this section, we’ll outline the various resources available to you, including legal aid, counseling services, and support groups.
Legal Aid
Legal aid organizations provide free or low-cost legal resources for those in need. In Kentucky, you can find legal information and assistance regarding harassment at the Kentucky Legal Aid website. This site offers a wide range of resources for people who have experienced harassment, including what to do if you have been accused of harassment themselves. It’s important to note that all legal information provided by Legal Aid is self-help in nature, meaning that it’s up to you to interpret and apply the information correctly.
Counseling Services
If your harassment experience has been traumatic, counseling may be an ideal measure to help your recovery. For free and confidential support, including mental health counseling , contact the National Domestic Violence Hotline. There are also several free and confidential hotlines available to victims of sexual assault. Some of the most common are listed below:
-RAINN (Rape, Abuse & Incest National Network)-(800)-656-HOPE (4673)
-ASK (Assisting Sexual Assault Survivors)-(888)-ASK-4-ASK (888-275-3275) or (866)-604-2357 (in Spanish)
-Hotline for Sexual and Domestic Violence who are Deaf or Hard of Hearing-(800)-810-7440
-Kentucky Domestic Violence Association-(800)-928-4204
-Kentucky Coalition Against Domestic Violence-(800)-928-3339
-Kentucky Sexual Trauma Action Network-(877)-803-7577
Support Groups
Support groups offer a safe environment for the sharing of rape and sexual assault experiences. Many times, the most valuable part of these groups is that they are led by rape and sexual assault survivors themselves. They can provide a wealth of support and guidance for those who have endured similar experiences. To find a local group specific to your experience, consult the National Domestic Violence Hotline.
Recent Developments in Kentucky Harassment Laws
In March 2019, Governor Matt Bevin signed KY House Bill 358 into law, an act amending KRS § 525.070 and establishing the offense of "cyber harassment". This new law expanded on the existing provisions of KRS § 525.070 which made harassing communications a Class B misdemeanor if the communication is intended to intimidate, harass, annoy, rally against or alarm another person.
The new law amended KRS § 525.070 to include the language "use obscene electronic text messages" as an additional way to constitute a Class B misdemeanor harassment charge. That said, even though the language of cyber harassment expanded on the previous provision, its inclusion and the intent behind its inclusion in the statute was a result of a recent social media movement in which so-called "catturbators" were causing disruption across Kentucky universities. Catturbators are defined as people who gather together and coordinate using their phones in large groups to bombard individuals or organizations with obscene text messages. The new law means those participating in non-threatening, obscene group text messaging campaigns may now be charged with harassment.
How to Prevent Harassment in the Workplace
A healthy workplace is a productive workplace. Employers and employees both value a safe work environment, but too often employers ask themselves what the legal minimum requirements are to prevent sexual harassment or other forms of unlawful harassment from occurring. I hope to offer a better approach.
Federal and state laws prohibit employers from discriminating against or harassing employees on a variety of bases, including those protected by statutes and common law doctrines. Federal and state agencies enforce those laws, and sometimes private individuals bring lawsuits. A related concern is what actions employers must take to avoid liability for sexual harassment and attain a defense to claims when harassment does occur. For example, under the federal Title VII statute, an employer will have an absolute defense to liability when the harassment is committed by a supervisor, unless the supervisor’s action causes a tangible employment action and the employer has policies and procedures in place to prevent and address harassment.
Employers want to have the legal protections that accompany having harassment prevention policies, so efforts to adhere to the minimum federal or state requirements are appropriate, but that should not stop employers from going beyond the minimum requirements and striving to foster a workplace culture that is free from harassment . Too often, however, employees are subjected to inappropriate comments, bullying, and intimidation, and they fear the owners or managers of the companies that employ them do not genuinely care about preventing harassment or bullying. Employers who seek to do the minimum sometimes create an appearance of insincerity, and that can restrict employee reporting of problems that might be prevented or corrected. Furthermore, experiences in litigation have shown that the human resources representatives and department officials tasked with implementation of harassment policies are sometimes poorly trained and do not follow the policies adopted by the company.
To prevent harassment in the workplace, employers must inform employees that harassment of any kind will not be tolerated. Employers also need to conduct training for all employees on what constitutes harassment and how to report harassment. In addition, employers should provide training and guidance to managers and human resource professionals on what to do when a harassment complaint is made. Harassment can be physically, sexually, and psychologically damaging. It hurts employees, families, and co-workers. It also costs employers because harassed employees are not fully engaged in their work.