Front Pay Recoverable, Ky. Supreme Court Holds

Firing an employee in retaliation for exercising rights under Kentucky’s Civil Rights Act can cost an employer not only backpay but future pay, too. That’s according to a ruling in December by the state’s supreme court.

The court, ruling on a question certified to it by a federal district court, held that an employee who alleges that her employment was wrongfully terminated in violation of section 216B.165 of the Kentucky statute may assert a claim for recovery of front pay, along with other damages she may have sustained, by reason of her discharge.

The state supreme court answered yes, holding that, pursuant to the general remedial provisions of section 446.070 of Kentucky law, an employee covered under the civil rights act who suffers reprisal in violation of the law may recover front pay as an element of compensable damages.

Front pay represents what the employee would have earned in the future had she not been the victim of employment discrimination.

The ruling issued December 18 was in Macglashan v. ABS Lincs Ky., Inc. You can retrieve the full text of the case here.

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