LEGAL UNIT REPORT

March 18, 2010 Commission Meeting t. "

Submitted by Morgan Ransdell on March 9, 2010 "/;11. ~~

No cases in this category

I. Commission Actions - Cases Awaiting a Final Decision

II. Commission Actions - Cases Awaiting an Administrative Hearing

Beck v. 3PD, lnc., KCHR No. 6666-E, EEOC No. 24G-2008-00167

The complainant alleges that she was discharged based on her gender. The respondent denies all allegations of wrongdoing, and asserts that the complainant was discharged based on poor performance. On 5/4/09, the investigator requested a case review panel meeting. On 5/9/09, Commission counsel requested the investigative file for the purpose of preparing an ARFI regarding number of employees and other issues. On 7/31/09, Commission counsel drafted a note to the incoming attorney requesting a probable cause review. On 8/25/09, Commission counsel forwarded ARFI to respondent regarding number of employees and other issues. On 9/18/09, respondent's counsel replied to ARFI with explanation and documentation concerning number of employees and circumstances of termination permitting probable cause review to proceed. On 11/12/09, 11/17/09, and 12/3/09, complainant provided additional information to investigator and Commission counsel concerning legal issues related to probable cause determination. On 1/11/10, the probable cause letter was' served. On 1/12/10, the Motion to Assign Hearing Officer with a tendered order and the Notice of Hearing for 7/14/10 and 7/15/10 were filed and served on opposing counsel. On 2/5/10, Commissioner Virginia Burton was appointed as the hearing officer in the case. On 2/19/10, Commission counsel sent a settlement demand. The parties reach an agreement on the monetary terms of settlement, and final negotiation is underway regarding the non-monetary terms.

Attorney: Mark Cambron Hearing Officer: Virginia Burton

Jenkins v. City of St. Matthews and Kentucky Department of Transportation, KCHR Nos. 632-PA and 627 -PA; Commissioner Johnson v. City of St. Matthews and Kentucky Department of Transportation, KCHR No. 668-PA and 669-PA.

The complainant, who uses a wheelchair for mobility, alleges that an intersection is not accessible. During the investigation, the Kentucky ADA Coordinator inspected various intersections and found violations of the ADA. Chair Priscilla Johnson filed a Commissioner-initiated claim on 2/1/07. A case review panel meeting was held on 12/5/06, and the PC letter was served on 7/2/07. A motion to appoint a hearing officer and set a hearing was served on 7/24/07. On 8/14/07, Commissioner Simmons was appointed as hearing officer and the hearing was set for 3/6-7/08 in Louisville. The administrative index was mailed on 9/5/07. The hearing was postponed. On 2/18/08, Commission counsel filed an open records request. On 3/6/08, Commission counsel filed an open

records appeal with the Attorney General's office. On 3/20108, the city responded. Commission counsel served interrogatories and requests for production of documents on 7/3108. Commission counsel served an open records request on the city on 7/3/08. The city responded on 7/10108. Commission counsel filed an amended complaint adding the owner of the Mall St. Matthews as a party on 7/17/08. Henry Curtis was assigned as the hearing officer. The mall owner filed an answer to the amended complaint on 8/29/08. Commission counsel filed a motion to compel the City of st. Matthews to produce discovery responses on 2/27/09. Notice of substitution filed 3/6109. On 4/13/09, the City of st. Matthews filed discovery responses. On 4/17/09, respondent MSM Property (d/b/a Mall in St. Matthews) filed a notice of bankruptcy. On 4120109, Commission counsel filed a motion to bifurcate damages and injunctive relief claims. A proof of claim was filed on 5/18/09. On 7/10109, Hearing Officer Curtis entered the tendered order postponing the administrative hearing to 3/16-17/2010. On 8/18/09, Notice of Substitution of Counsel filed designating Mark Cambron as counsel. On 11/4/09, the Order Reassigning Hearing Officer was served on all parties designating Commissioner Bonifer as hearing officer. On

11/6/09, Commission staff forward the complete record of administrative proceeding to Commissioner Bonifer with an accompanying letter requesting a ruling on the pending Motion to Bifurcate. On 12/4/09, Commissioner Bonifer granted the motion to bifurcate.

On 1/28/10, Commission counsel sent correspondence to complainant and followed up with a phone conf. re: case status. On 2/15/10, Commission counsel filed a motion to postpone the hearing date with a tendered order given the delay caused by the automatic stay in respondent's bankruptcy case preventing litigation activity until the order bifurcating the case was signed by Commissioner Bonifer. On 3/8/10, Commissioner Bonifer signed the Order postponing the hearing date to 9/14/10-9/15/10. On 3/8/10, Commission counsel scheduled a site visit for either 3/17/10 or 3/25/10 to analyze recent repairs to the intersection for settlement and further discovery. Settlement discussions are underway.

Attorney: Mark Cambron Hearing Officer: Duane Bonifer

Maggard v. City of Hazard, KCHR Nos. 670-PA and 671-PA

This case arises from an allegation of disability discrimination in the public accommodation context. The complainant is an individual with a disability who uses a wheelchair for mobility. He seeks to use the pool operated by the City of Hazard, and has requested that the City equip the pool with a lift device for use by disabled patrons. The City has consistently refused to install any lift device. On past occasions when the complainant has used the pool, it has been necessary for City personnel to physically lift and carry him from his wheelchair to the pool and vice versa. On multiple occasions, City personnel dropped and injured the complainant while carrying him to or from the pool. The respondent filed a motion to dismiss on 3/20107. On 8/29/07, Commission personnel accompanied Norb Ryan, Ky. ADA Coordinator, during an onsite inspection. On 10/29/07, the Commission received Norb Ryan's report. Commission counsel filed a response to the motion to dismiss on 11/21/07. The respondent filed a reply on 12/17/07. The respondent's motion. to dismiss was denied on 1122108. A PC letter was issued on 3/11/08. On the same date, counsel moved to schedule hearing and appoint a hearing officer. On 3/20108, the hearing was scheduledfor 7/22-23/08 in Hazard, and Chair Curtis was assigned as Hearing Officer. On 4/30108, received courtesy copy of respondent's letter to DOJ seeking technical guidance on the applicability of the ADA to public pools. The indexed admin.

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record was mailed on 5/6/08. On 6/13/08, a proposed conciliation agreement was mailed to the respondent. On 6/16/08, D.O.J. announced proposed rules applicable to new and existing swimming pools. On 6/24/08, the parties tendered an agreed order rescheduling the hearing for 1/28/09, which was calculated to allow DOJ adequate time to finalize the proposed rulemaking. On 6/26/08, Commission counsel moved for leave to measure the pool, and this motion was granted on 7/1/08. On 9/23/08, Richard Stenberg measured the pool at the Hazard Pavilion and calculated the total linear feet of pool wall at 269 feet. On 11/7/08, filed and faxed complainant's first set of discovery requests. Motion to postpone hearing without a date filed by Commission counsel on 12/12/08. Respondent's discovery responses filed on 12/15/08. Respondent's reply to motion to postpone hearing and renewed motion to dismiss filed on 12/17/08. On 1/26/09, Commission counsel renewed his response to the respondent's motion to dismiss and tendered postponement order. On 8/18/09, Notice of Substitution of Counsel was filed designating Mark Cambron as counsel. On 11/4/09, the Order Reassigning Hearing Officer was served on all parties designating Commissioner Coleman as the hearing officer. On 11/10/09, the complete record of the administrative proceeding was sent to Commissioner Coleman with an accompanying letter requesting rulings on Commission counsel's pending Motion to Postpone and respondent's pending Renewed Motion to Dismiss. On 12/17/09, Commissioner Coleman signed the Order Denying Renewed Motion to Dismiss. On 2/1/10, Commission counsel called the Department of Justice concerning pool regulations related to the allegations in this complaint to determine if new regulations are being prepared. On 2/5/10, Commission counsel was told by a lawyer in the Justice Department that it was unlikely that the pool regulations would be finalized for at least 90 days.

Attorney: Mark Cambron Hearing Officer: Samuel Coleman, Jr.

Norman v. Spears, KCHR No. 1468-H, HUD No. 04-08-1363-8

The complainant alleges he and his deceased wife were discriminated against on the basis of his race and the interracial character of their relationship in the context of housing. The investigation revealed that the respondent initiated a forcible detainer action premised on nonpayment of rent; however, at the time the forcible detainer action was initiated, the respondent was aware that she owed the tenants over $1,500 pursuant to a default judgment arising from a broken water line and the resulting water bill. A case review panel meeting was conducted on 2/6/09, and Commission counsel traveled to Somerset on 3/16/09 to review numerous Pulaski District Court files related to this matter. A pre-PC conciliation demand was issued on 3/25/09; however, conciliation efforts have failed. A finding of probable cause was issued on 7/14/09. No party has elected a circuit court forum. On 8/6/09, Commission counsel drafted a note to the incoming attorney requesting the filing of a notice of hearing and motion to appoint a hearing officer. On 8/18/09, Notice of Substitution of Counsel was filed designating Mark Cambron as counsel. On 8/19/09, counsel began investigating two additional causes of action under Civil Rights Act for amendment to complaint. On 8/24/09, letter sent to claimant concerning amendment to complaint to add two new causes of action. On 11/9/09, complainant left a message that he received my letter and was checking on the case. On 11/17/09 and 11/18/09, complainant and Commission counsel exchanged emails confirming that amendment to the complaint was warranted. On 12/9/09, Commission counsel discussed with complainant need to amend probable cause letter given new facts discovered. On

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1/21/10, the revised probable cause letter was served. On 1/21/10, the Notice of Hearing was filed scheduling the hearing for 8/25/10 and 8/26/10. On 1/27/10, Commissioner Duane Bonifer was appointed as hearing officer. On 2/8/10, the administrative index and record were served on Commissioner Bonifer and opposing counsel. On 2/18/10, the certified mail receipt for the amended probable cause letter was returned as undeliverable to respondent. The return receipt was received from counsel for respondent verifying service of the amended probable cause letter.

Attorney: Mark Cambron Hearing Officer: Duane Bonifer

Yazell v. Shady Acres Mobile Home Park, KCHR No. 1504-H and 1505-H, HUD

No. 04-09-0957-8 and Krider v. Shady Acres Mobile Home Park, KCHR No. 1510-H and 1511-H, HUD No. 04-09-1269-8

The complainants allege that the respondent discriminated based on familial status in dissuading the Yazells from purchasing the mobile home owned by the Kriders. The respondent allegedly told the Yazells and others that they wanted to keep children out of the front section of the mobile home park because older residents don't like children around their homes. The Kriders claim that the respondent's discriminatory actions prevented them from selling their mobile home to the Yazells and other families with children. On 3/30/09, the Yazells filed a complaint with the Commission. On 6/26/09, the Kriders filed a complaint with the Commission. On 9/10/09, a case review panel meeting was conducted, and the PC letter was signed and issued on 9/25/09. On 11/12/09, the notice of hearing was filed and served scheduling the hearing for 5/11-13/2010. On 11/12/09, Commission counsel requested a hearing officer. On 12/17/09, Commissioner Curtis was assigned as hearing officer. On 1/12/10, the consolidated and indexed record was sent to Commissioner Curtis and opposing counsel. On 2/5/10, Commission counsel discussed with all counsel a tentative deposition date of 3/9/10 for the depositions of complainants and the depositions of respondents were discussed. On 2/8/10, Commission counsel requested that all counsel consent to a prehearing conference on 2/25/10. On 2/15/10, Commission counsel received notices of deposition for complainants on 3/9/10. On 2/17/10, Hearing Officer Curtis signed the agreed order scheduling the prehearing conference for 2/26/10 at 10:00 a.m. On 2/26/10, a prehearing conference was conducted wherein numerous deadlines were established and the hearing date was moved to 8/4/10- 8/6/10. On 3/3/10, Commission counsel forwarded a prehearing conference order to Commissioner Curtis with all deadlines and dates discussed at the prehearing conference. On 3/4/10, Commission counsel prepared complainants for their depositions scheduled for 3/9/10. On 3/8/10, Commissioner Curtis signed the prehearing conference order and it was served on all counsel.

Attorney: Mark Cambron Hearing Officer: Henry J. Curtis

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III. Commission Actions - Pre-litigation Activities

Boernerv. Hamilton Housing Rentals, KCHR Nos. 1520-H and 1521-H, HUD No. 04-09- 1573-8

The complainants allege that they attempted to rent a dwelling from respondent. During an initial inquiry about the dwelling via telephone, complainants were told the unit was available for rental. Later, complainants were called derogatory names related to their Mexican heritage and were told that the unit was no longer available for rental to complainants. The investigator requested a case review panel meeting. A case review panel meeting was scheduled for 3/10/10.

Attorney: Mark Cambron

Burnett v. National Col/ege of Business & Technology, KCHR No. 599-PA

The complainant alleges that she was denied admission to the medical assistant's training program with respondent because she is hearing impaired. On 11/25/09, the investigator requested a case review panel meeting. On 12/16/09, a case review panel meeting was conducted. The legal unit agreed to prepare a pre-PC demand letter to respondent with a settlement demand. Conciliation efforts are underway. The issuance of a finding of probable cause is imminent.

Attorney: Mark Cambron

Erickson v. Nanney; KCHR No. 1529-H, HUD No. 04-10-0445-8

The complainant alleges that she contacted respondent about renting an available apartment. The complainant alleged that she explained to respondent that she has an emotional support animal for a verified medical condition. Complainant alleged that respondent then told her she could not rent the apartment and rentals were restricted to those owning pets only if they were blind. The investigator requested a case review panel meeting. A case review panel meeting was scheduled for 3/10/10.

Attorney: Mark Cambron

Eubank v. Transit Authority of River City, KCHR No. 763-PA

The complainant alleges that the public restroom at the respondent's headquarters on West Broadway were not accessible to individuals who use wheelchairs. After the complaint was filed, the respondent renovated the bathroom to bring it into compliance with ADA standards. Prior to the issuance of a probable cause determination, it was learned that the complainant has passed away. It is anticipated that proof issues and the absence of any injunctive relief claim will necessitate dismissal of this case. On 1/13/10, Commission counsel spoke via telephone to the Executor of the estate of complainant and explained the difficulties in pursuing the complaint given the death of complainant. The Executor requested time to discuss the case with complainant's family. On 1/14/10,

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Commission counsel sent a letter to the Executor memorializing the telephone conversation of 1/13/10, and setting a deadline of 2/19/10 for the Executor to contact Commission counsel concerning the estate's position on final disposition of the complaint. On 3/2/10, the Executor of complainant's estate forwarded correspondence indicating that he had spoken to complainant's family and had concluded that no admissible evidence of complainant's damages could be proffered. A dismissal of the case is imminent.

Attorney: Mark Cambron

Fernandes v. ACME Construction Company; KCHR No. 6520-E, EEOC Charge No. 24G-2008-00011

Complainant alleges that she was denied employment with respondent because of her sex. Respondent claims that complainant never applied for the position and that she was not eligible because she is related by blood to another employee and company policy prohibits family members from supervising other family members. On 11/6/07, the complaint was filed. On 2/18/10, a case review panel meeting was conducted. The case review panel agreed that the investigator, with the assistance of the legal unit, should investigate the application process for this job based on an additional request for information served on respondent. On 3/1/10, the investigator indicated he would contact complainant about the application process, a possible additional request for information to respondent, and complainant's expectations concerning the future of the case. Investigator further indicated he would request additional legal unit involvement thereafter if necessary. Attorney: Mark Cambron

Gant v. See World, Kentucky Office for the Blind, KCHR No. 730-PA

The complainant is blind. He requested to receive vocational rehabilitation services at an out of state facility from the respondent. The respondent denied his request. The complainant alleges his request was denied because of his race, African American, and that two white applicants were permitted to obtain rehabilitation services at the out of state facility. The Enforcement Officer requested the records re: the two white applicants. The respondent refused to provide the records. The Enforcement Officer made a legal assistance request seeking the Legal Unit's assistance in obtaining the records. The Commission issued a subpoena for the records on 7/31/08, and Commission counsel notice a deposition of the respondent's records custodian on the date. On 8/29/08, the respondent filed a motion to dismiss the complaint. The respondent filed a motion to quash the subpoena on 9/11/08. Commission counsel filed a response to the motion to dismiss on 10/1/08. The respondent filed a reply brief 10/9/08, and Commission counsel filed a sur-reply on 10/15/08. The respondent then filed a motion to strike the complainant's response and sur-reply to the motion to dismiss and remove attorney Hartlage and appoint new counsel on1 0/28/08. Commission counsel filed a response to the motion on 12/2/08. The respondent filed an amendment to answer on 12/16/08. The respondent filed a reply in support of the motion 12/23/08. Commissioner Curtis heard oral arguments on the motions on 2/4/08. Phone conf. w/complainant on 3/6/09. Notice of SUbstitution filed 3/6/09, and tickle letter was mailed to Commissioner Curtis on the same date. On 4/1/09, a second tickle letter was mailed to Commissioner Curtis. On 5/11/09, a

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third tickle letter was mailed to Commissioner Curtis. On 5/27/09, received phone calls from complainant and complainant's advocate regarding case status. On 7/15/09, Commission counsel again requested that Commissioner Curtis rule on the respondent's motion to dismiss and the respondent's motion to strike. On 9/28/09, received respondent's motion for status conference, and sent an e-mail requesting that respondent provide a tendered order an copy of motion to Commissioner Curtis. On 11/4/09, an order was entered assigning this case to Hearing Officer Bonifer for disposition of the pending motions. The administrative record was mailed to Hearing Officer Bonifer on 11/5/09. On On 12/17/09, an oral argument was scheduled for 1/5/10. On On 1/5/10, an oral argument was conducted regarding the respondent's motion to dismiss. On 1/6/10, an order was entered denying this motion. On 1/7/10, an oral argument was conducted regarding the respondent's motion to strike. A request for information was issued by the Enforcement Officer on 1/15/10. A motion for a protective order was filed by Commission counsel on the same date. An order denying the motion to strike was entered on 1/27/10. On 2/10/10, Commission counsel sent a letter requesting a ruling on the motion for a protective order. On 2/15/10, the respondent filed a motion to quash request for information and for a protective order. A response to these motions from commission counsel is imminent.

Attorney: Morgan G. Ransdell Hearing Officer: Duane Bonifer

Long v. City of Paducah Police Dept., KCHR No. 6884-E, EEOC No. 24G-2009-00093

The complainant alleges systemic discrimination based on race, and a lack of representation of African Americans within the respondent's workforce. On 5/12/09, the enforcement officer requested legal assistance in preparing an additional request for information that would solicit evidence that could form the basis of an analysis of patterns or practices, if any, within the respondent's record of hiring and promotion of minorities and nonminorities. On 9/4/09, Commission counsel requested that the investigator request the respondent's EEO-4 reports for the past 10 years. The investigator made the request, and indicated that the respondent should answer the request by 9/30/09. On 9/30/09, Commission counsel asked the investigator to send a second and final request letter before referring the matter to the Legal Unit for the issuance of a motion to compel. Attorney: Morgan G. Ransdell

Pettway v. Affiliated Computer Services, lnc., KCHR No. 6575-E, EEOC No. 24G-2008-00091

On 3/23/09, the investigator requested that the Legal Unit compel the respondent to respond to pending discovery requests. A motion to compel was filed on the same date. The respondent answered the discovery requests on 4/15/09. The respondent objected to a request that sought information regarding PTO payouts to employees other than the complainant. On 4/20/09, Commission counsel sent a revised discovery request specific documents and information from which the investigator can determine whether PTO payouts have been made to employees other than the complainant. The respondent's answers were due on 5/15/09. A motion to compel was filed on July 20, 2009. On 8/10/09, the respondent filed a consolidated motion for a protective order and response to

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the motion to compel. On 9/28/09, Commission counsel filed a joint reply in support of the motion to compel and response to the respondent's motion for a protective order. It is anticipated that the matter will be submitted to the Commission Chair for a decision on 10/15/09 .. On 11/4109, the Chair ordered the respondent to provide certain documents and information to the Commission on or before 12/4/09. The respondent's response to the order compelling the production of documents was filed on 1/22/10.

Attorney: Morgan G. Ransdell

Pounds v. Dollar General Store, KCHR No. 6878-E, EEOC No. 24G-2009-00075

On 9/1/09, the investigator requested Legal Unit assistance in obtaining telephone records relevant to the complaint. On 9/1/09, and on 9/22/09, Commission counsel conferred with the complainant by telephone to obtain relevant information regarding the complainant's phone calls to the respondent. Complainant indicated he would provide a chronological summary of relevant events to corroborate his allegation regarding his phone calls to the respondent to indicate his availability for work.

Attorney: Morgan G. Ransdell

Rhoden v. Knox County Board of Education, KCHR No. 6700-E, EEOC No. 24G-2008- 00219

Complainant claims that the principal at Knox County High School discriminated against her based on disability. Despite the existence of an accommodation plan, complainant alleges that the principal failed to comply with the promises outlined in the agreement including failure to provide a key to a more accessible restroom near complainant's classroom and failure to provide a bench for complainant during hall monitoring duty. The investigator requested a case review panel meeting and the meeting took place on 10/27/09. Pit the meeting, the investigator agreed to provide additional materials referenced in the file to Commission counsel including an evaluation of complainant's claims issued by the Civil Right division of the Department of Education. Pending receipt of that information, Commission counsel would further consider issuing a PC letter. On 10/30109, the investigator indicated that the Department of Education report was being sought from complainant. On 11/10109, the investigator indicated that all materials had been received from complainant and provided Commission counsel with the file. Commission counsel consulted with the complainant on 1/25/10, 1/29/10, 2/5/10, and 2/9/10. On 2/15/10, Commission counsel discussed the Department of Education report with complainant including impact on probable cause letter. On 3/3/10, Commission counsel requested clarification from complainant concerning newest accommodations sought for most recent school year by complainant and respondent's response to complainant's request for evaluation of possible amendment to complaint.

Attorney: Mark Cambron

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Roby v. Berton Brands, KCHR No. 6622-E, EEOC No. 24G-2008-00147

The complainant alleges that she was subjected to retaliation following her participation in an internal investigation of a sexual harassment allegation asserted by her same sex partner. On 4/21/09 a case review panel meeting was held, and the case remained with the investigator for further investigation. On 7/21/09, the investigator resubmitted the case with additional evidence. On 7/31/09, Commission counsel drafted a note to the incoming attorney requesting he conduct a probable cause review. On 9/15/09, Commission counsel had telephone conference with complainant concerning additional facts related to retaliation claim and receipt of fax concerning additional testimony and witnesses. On 9/25/09, Commission counsel had telephone conference with complainant and further information concerning respondent's position was requested by complainant. On 9/29/09, Commission counsel sent letter to complainant conveying respondent's general position and requesting information in response to allegations by respondent and asking for evidence of actual harm caused by alleged retaliation. On 9/30109, during telephone conference complainant stated she would provide requested information. On 12/3/09, Commission counsel received additional information concerning damages from complainant. Commission counsel spoke to complainant on 12/7/09, 117110, 1/22/10, 2/4/10, and 2/11/10. On 2/18/10, Commission counsel received additional affidavits and damage documents from complainant. On 3/2/10, Commission counsel discussed preparation of the probable cause letter with complainant including clarifying factual allegations concerning most recent retaliatory acts of respondent.

Attorney: Mark Cambron

Shannon v. Merit Electric, LLC dba Modern Electric; KCHR No. 6816-EEEOC No. 24G-2009-00003

Complainant alleges that he was terminated by respondent for having two positive drug tests when similarly situated.white employees were not terminated with three positive drug tests. Complainant alleges he was therefore terminated because of his race. The investigator requested a case review panel meeting. A case review panel meeting was scheduled for 3/10/10.

Attorney: Mark Cambron

Sheets v. McDowell Stromatt, KCHR No. 6988-E, EEOC No. 24G-2009-00209

Complainant alleges that she was discharged by her employer for taking medication while at work and therefore was discriminated against based on a disability, perceived disability, or record of disability. The respondent claims that complainant is not disabled and was discharged because she failed to meet the duties in her job description. The investigator requested a case panel meeting. A case panel meeting held on 2/4/10, and it was decided that a key witness would be interviewed by the investigator prior to making a final determination concerning probable cause.

Attorney: Mark Cambron

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Sims v. Creative Housing, lnc., KCHR No. 1522-H, HUD No. 04-10-0194-8

The complainant alleges that she has requested from respondent that she be allowed to keep an emotional support animal as a reasonable accommodation. Respondent has denied the request to date. On 1/6/10, a case review panel meeting was conducted and the panel agreed to attempt settlement prior to issuing the probable cause letter. Settlement efforts were unsuccessful and the issuance of a probable cause determination is imminent.

Attorney: Mark Cambron

Whelan v. Glenn Toyota, KCHR No. 6636-E, EEOC Charge No. 24G-2008-00148

The complainant alleges that her job was filled by respondent while she was pregnant and on bed rest given medical complications. Despite her being on short term disability, respondent claims that complainant did not comply with company policy concerning notification of absences and therefore respondent had the right to terminate her employment. When complainant returned from her short term disability, complainant was offered a lesser paying and less prestigious position. She filed a complaint with the Commission on 4/1/08. A case review panel meeting was conducted on 2/18/10 and it was agreed that a probable cause letter should be prepared and served by Commission counsel.

Attorney: Mark Cambron

IV. Circuit Court Original Actions

KCHR v. Carter, McCracken Circuit Court, Division 2, Civil Action No. 08-CI-1184, Austin v. Carter, KCHR 1446-H; HUD No. 04-08-0538-8

This is a claim for housing discrimination based on race. A case panel was held on 6/24/08. The enforcement officer reported additional information to Commission counsel on 7/18/08, and a determination of probable cause will be made based on the newly obtained evidence. Commission counsel will amend the complaint to add the respondent's wife and the owners of the property. On 8/6108, Commission counsel sent a request to the McCracken County PVA office re: information about the property owner. On 8/11/08, Commission counsel received information from the PVA office concerning address of property owner. Commission counsel sent an amended complaint to the complainant for her signature on 8/11/08. Commission counsel received the amended complaint signed by the complainant and filed it on 8/20108. Commission counsel issued the PC letter on 8/26/08. Commission counsel spoke with an attorney for the respondents on 9/2108, and he requested that a conciliation demand be made. On 9/18/08, Commission counsel engaged in conciliation efforts. On 9/15/08, the complainant filed an answer and gave notice of his election to circuit court. Commission counsel filed the circuit court complaint on 10/8/08. Defendants Douglas and Joyce Carter were served on 10/9/08. Commission counsel received an answer on behalf of defendant Douglas Carter on 11124/08. Commission counsel received the answer of Joyce Carter on 12/1108 and received the

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answer of David Carter on 12/8/08. Commission counsel served interrogatories, requests for production of documents, and requests for admissions on the respondent on 213109. Responses are due on 3/9/09. Notice of substitution mailed 3/6/09. Mailed letter to respondents' attorney on 4/1/09 to demand discovery responses. Discovery responses were received from the respondent. Conciliation efforts are ongoing. On 7/9/09, intern prepared draft motion to compel for review by Commission counsel. On 9/3/09, telephone conference with respondent's counsel concerning possible resolution to discovery dispute and settlement. On 11130109, Commission counsel filed and served the Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Douglas Carter, Defendant. On 12/16/09, Commission counsel updated complainant via telephone and received new address for complainant. On 2/1/10, Commission counsel sent a letter to complainant concerning status and discovery served on respondent. Attorney: Mark Cambron

KCHR v. Michael Clark and Venita Bright, Franklin Circuit Court, Division II, Civil Action No. 09-CI-001400, Allison McDuffus v. Michael Clark and Venita Bright, KCHR

No. 1490-H, HUD No. 04-09-0481-8

The complainant alleges that the respondent sent her a notice to vacate her apartment based on the race of her husband, black. The respondent denies that the race of the complainant's husband had anything to do with the notice to vacate. The respondent asserts that the notice to vacate was based on other lease violations, primarily the complainant's failure to have the utilities switched over into her name as required by the lease. On 5/4/09, the investigator requested a case review panel meeting. A meeting was held on 5/26/09, and the finding-of probable cause was issued on 7/7109. Respondent elected a circuit court forum on 7/18/09. The circuit court complaint is due to be filed with the Franklin Circuit Court on or before 8/17/09. On 8/17/09, circuit court Complaint filed. On 8/26/09, Notice of Substitution of Counsel filed designating Mark Cambron as counsel. On 8/28/09, interrogatories and requests for production of documents from counsel for respondent were received. On 9/21/09, letter was sent to complainant requesting meeting to complete responses to respondent's interrogatories and requests for production. On 1/15/10, Commission counsel sent a letter to complainant demanding that complainant contact him so discovery responses to respondent can be completed. On 1/22/10, Commission counsel received a voice mail from complainant agreeing to provide responses to respondent's interrogatories and requests for production. On 1/29/10, Commission counsel left a message for complainant scheduling a conference call to finalize discovery responses. On 2/8/10, Commission counsel spoke to complainant about complainant providing further information and documentation necessary to prepare written discovery responses to counsel for respondent. On 3/2/10, Commission counsel received from complainant her notes and factual bases for answer to interrogatories and requests for production of documents from respondent for preparation of final response by Commission counsel.

Attorney: Mark Cambron

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Sydnor v. Logan Post 29 of the American Legion of Kentucky, Inc., U.S. District Court, Western Dist. of Kentucky, Bowling Green Division, Civil Action No.1 :08cv-65-M

The plaintiff sued the American Legion Post 29 in Russellville in U.S. District Court alleging he was refused admission to the American Legion facility because of his race. The plaintiff alleges that his white companions were permitted to stay at the Post, while the black members of his group were asked to leave the premises. The Commission will move to participate in this case as amicus curiae so that the Commission can monitor the case. Commission counsel filed the motion to participate in case as amicus curiae via the court's electronic filing system on 12/11/08. Commission counsel electronically filed a proposed order on 12/17/08. The plaintiff filed a response to the motion stating no objection to the Commission's participation on 12/15/08. The defendants also filed a response stating no objection to the Commission's participation on 12/18/08. The court granted the Commission's motion to participate as amicus curiae on 12/24/08. The depositions of the plaintiff and the American Legion post commander will be taken on 315/09. Commission counsel filed a motion to withdraw as counsel on 2/25/09, and the motion was granted on 2/26/09. A notice of substitution of counsel was filed on 2/25/09. The filing of notice of substitution is pending upon receipt of ECMF password and username. Notice of substitution of counsel designating Mark Cambron as counsel was filed on 9/24/09. A court ordered settlement conference was scheduled for 10/15/09. On 10/15/09, Commission counsel attended settlement conference with Magistrate Judge. Due to impasse, Magistrate Judge was to place case on trial calendar. On 10/27/09, the court issued an order requesting an amended and updated scheduling order from counsel on or before 11/6/09. On 11/6/09, the parties submitted an agreed scheduling order with the court setting a telephonic status conference for 215110 at 10:00 am. On 1/27/10, Commission counsel received from the court an amendment to the order scheduling the status conference moving the call to 2/5/10 at 11 :30 a.m. On 2/5/10, a telephonic status conference was conducted with the court and on 2/8/10 an Order was issued scheduling a jury trial for 6/2/10-6/4/10. Commission counsel will prepare a trial brief to be filed

pursuant to the court's scheduling order on 5/19/10.

Attorney: Mark Cambron

V. Cases on Appeal

KCHR v. Orville and Sandy Baize, Ohio Circuit Court, Civil Action No. 08-CI-00363, KCHR Complaint No. 5804-E

This complaint arises from an allegation of sexlpregnancy discrimination in the employment context. A case review panel meeting was held on 5/3/06, and a PC letter was issued on 5/31/06. A hearing was held in Hartford, KY on 9/13/07. On 6/27/08, the hearing officer filed her recommended order. A quasi-judicial review in this matter was conducted on 7/17/08, and the Commission adopted the recommended order finding unlawful discrimination and awarding the complainant $5,000. The respondents did not appeal, and a circuit court enforcement petition was filed by the Commission on 8/11/08. On 9/10108, Commission counsel requested that the Ohio Circuit Court Clerk provide proof of service. The plaintiff's motion for a default judgment was filed on 10/13/08. If not ruled

Page 12 of 16

upon sua sponte, this motion will be heard at motion hour on 10/31/08. On 10/14/08, the defendants filed a pro se letter responding to the circuit court complaint. On 10/22/08, calculated amortization on installment payment of judgment over five year period, and mailed demand letter to defendants per their offer to pay judgment in installments. On 10/23/08, the Ohio Circuit Court denied the Commission's motion for default judgment. Defendants have begun making installment payments. Case to remain on docket while installment payments are pending. On 1/5110, Commission counsel responded to a notice to dismiss for lack of prosecution. An order was tendered with the response. On 2/11/10, the court advised Commission counsel that the matter could not remain on the circuit court docket. The court instructed Commission counsel to file an appropriate motion seeking disposition of the matter. On 2/16/10, Commission counsel filed a motion for summary judgment. A hearing on the motion for summary judgment is set for 3/11/10.

Attorney: Morgan G. Ransdell

Ivie v. Blake and Blake, Webster Circuit Court, Civil Action Nos. 07-CI-00302 & 07-CI-00339, KCHR No. 1318, HUD No. 04-05-0015-8

This case presents claims of gender and disability discrimination in the housing context. A PC finding was issued on 4/27/05. No party elected circuit court. A demand letter was mailed on 5/23/05. On 6/29/05, an order was entered scheduling the administrative hearing for 1/19/06. On 7/26/05, an order was entered reassigning this matter to Commissioners Curtis and Brown, with Commissioner Curtis presiding. The depositions of Kim Ivie and Eddie Blake were conducted on 8/10105. On 8/19/05, complainant's discovery responses were produced. A phone conference was held on 1/4106. On 1/13/06, complainant made motion to continue hearing. On 1/13/06, hearing officer issued an order converting scheduled hearing to a phone conference. The hearing was rescheduled to 4/11/06. The hearing was completed on 4/11/06 in Henderson. The transcript was filed on 5/22/06. The complainant's brief was filed on 6/21/06, the respondents' brief on 7/17/06, and the complainant's reply on 8/1106. On 11/1/06/hearing officer filed recommended order. The complainant's exceptions to the hearing officers' recommended order were filed on 11/16/06. On 12/01/06, the official record of the administrative hearing was mailed to commissioners in anticipation of a quasi-judicial session scheduled for 12/14/06. On 12/14/06, the Commission requested supplemental briefing. An order was entered scheduling oral argument for 2128107. The Commission ordered both parties to submit proposed orders by 3/15/07, and the Commission conducted a quasi-judicial session regarding this matter on 3/22/07. On 4/26/07, counsel for the complainant filed a motion to continue further Commission deliberations in light of an agreement by the parties to conciliate. An unsigned conciliation agreement was included for submission to Commissioners for approval at the May 30 meeting; however, the signed agreement did not arrive as expected, and the case was pulled from the meeting agenda. On 7/12/07, counsel for the complainant filed motion to resume quasijudicial review. On 8/30107, the Commission issued a final order in complainant's favor and awarded $126,230.99 plus interest and $16,900 for E & H. On 9/27/07, a circuit court action was filed by the administrative respondents. A motion to dismiss was filed on 10/18/07. The attorney for Eddie and Martha Blake filed a response in opposition to the motion to dismiss, but also filed an entirely new petition to cure the defects of the initial notice of appeal. Commission counsel filed an answer to the petition on 11/28/07. On

Page 13 of 16

11/30/07, the attorney for the Blakes filed a motion to consolidate the two circuit court cases. The motion to dismiss and to consolidate were heard on 1/3/08. On 3/11/08, the court denied the motion to dismiss and granted the motion to consolidate. On 3/27/08, the Commission certified the administrative record to the court, and copies were sent to client and counsel. On 3/28/08, Commission counsel prepared an agreed order setting briefing deadlines, and it was entered on 4/15/08. The brief on behalf of Eddie and Martha Blake was filed on 6/16/08. On 7/8/08, Commission counsel requested that opposing counsel sign off an agreed order extending the deadline for the filing of the Ivie/KCHR brief to 7/30/08, and this brief was filed on 7/29/08. The Blake's reply brief was filed on 8/29/08. On 11/19/08, the Webster Circuit Court entered an order affirming the Commission final order. The Court upheld the Commission's award of out-of-pocket damages in the amount of $126,230.99 plus interest, plus $16,9000.00 in embarrassment and humiliation damages. Commission counsel scheduled to attend training on collection law on 5/13/09. On 3/4/10, Commission counsel provided Ms. Ivie a copy of the Commission final order and the circuit court decision. Ms. Ivie indicated her intention to confer with private counsel with the hope of collecting the judgment in this matter.

Attorney: Morgan G. Ransdell

Burlington Oaks Apartments, LLC v. Lexington Fair Housing Council, Inc. v., Boone Circuit Court, Civil Action No. 09-CI-001464, KCHR No. 1487-H, HUD No. 04-09-0482-8

This case is an improper interlocutory appeal arising from an administrative complaint of disability discrimination in the housing context. The complainant is a nonprofit organization that advocates for fair housing, including accessible housing for individuals with

disabilities. The complainant alleges numerous design and construction violations at respondent's properties constructed after the 1/1/93 effective date of KRS 344.360(11-13). Though respondent's properties are valued at over nine million dollars, and despite nine attempts to communicate with respondent regarding the complaint in this action, respondent has elected to ignore the Commission and the administrative complaint. This sets the stage for a default determination, an award of damages to the complainant, an award of a civil penalty, attorney fees, and costs, as well as an injunctive order requiring respondent to renovate its properties to correct all design and construction violations. On 3/23/09, the following documents were issued: (1) finding of probable cause; (2) notice of hearing; and (3) motion for default order. On 4/14/09, Commission counsel filed a motion to assign a hearing officer in this case. On 4/16/09, Hearing Offices Burton, Curtis, and Staples were assigned to this case, with Hearing Officer Curtis presiding. On 4/27/09, Hearing Officer Curtis signed a default order and an order specifying that the default hearing will occur on 5/20/09 at 9:00 a.m. at the offices of the Lexington Fair Housing Council. Directions to this location were mailed to the hearing officers on 5/8/09. Conciliation conference held at Burlington Oaks Apartments on 5/14/09. Respondent's motion to set aside default order was filed 5/14/09. A proposed conciliation agreement was e-mailed to the respondent and the respondent's attorney on 5/15/09. Telephonic pre-hearing conference held on 5/19/09 on respondent's motion to set aside default order. Hearing Officer Curtis denied the motion to set aside the default order, and postponed the administrative hearing without a date to allow for conciliation efforts. A telephonic prehearing conference was scheduled for 6/24/09 at 10:00 a.m. Complete administrative record mailed to respondent's counsel on 5/20/09. On 6/15/09, Burlington Oaks

Page 14 of 16

Apartments LLC filed a complaint with the Boone Circuit Court seeking to overturn Hearing 'Officer's Curtis decision to deny the motion to set aside the default order entered on 4/27/09. On the same date, Burlington Oaks filed a motion for a temporary restraining order. This motion was heard on 6/17/09, and a restraining order was entered on the same date holding the administrative action in abeyance until the circuit court complaint is resolved. Commission counsel filed an answer on 7/7/09.

Attorney: Morgan G. Ransdell Hearing Officers: Curtis, Burton, Staples

Riester v. Godoy and Helfrick, et al., Jessamine Circuit Court, Civil Action

No. 10-CI-00043; Godoy and Helfrick v. Reister, KCHR Nos. 1373-H and 1374-H, HUD No. 04-06-0583-8

This complaint arises from an allegation of race discrimination in housing. On 8/9/06, a case review panel meeting was held. The PC letter was issued on 8/21/06. On 9/19/06, order issued scheduling hearing for 4/24-25/07 and appointing Richard Brown as hearing officer. On 10/20/07, the indexed record was mailed. On 1/19/07, filed motion for default judgment. On 1/19/07, received notice of service from Jessamine County Sheriff. Hearing date was changed to 6/6/07. On 4/25/07 took depos. of respondent and Kelly Farmer. On 5/24/07, filed complainant's discovery requests, and responses ",(ere filed on 6/29/07. On 7/30/07, filed motion to compel. Respondent moved for continuance and the hearing was continued until 10/30/07. On 12/18/07, a motion was filed requesting that the hearing be scheduled for 8/27-28/08, and that a new hearing officer be assigned. On 4/15/08, the hearing officer filed a pre-hearing order setting deadlines. On 4/23/08, respondent's counsel moved to withdraw. On 6/26/08, Commission counsel sought an extension of time for the filing prehearing compliance. On the same date, respondent filed his prehearing compliance; however, the exhibits were withheld. On 7/7/08, undersigned counsel filed the complainants' prehearing compliance. On 7/10/08, mailed offer of compromise to opposing counsel. On the same date, filed complainants' response to respondent's motion for a protective order, and requested ruling on that motion and the complainant's pending motion to compel. On 7/18/08, the Hearing Officer issued an order scheduling a phone conf. on 7/29/08 for oral argument on pending motions. Oral argument was held on 7/29/09, and on 8/4/08, the Hearing Officer entered an order compelling respondent to respond to pending discovery requests. On 8/6/08, Commission counsel moved to reschedule the hearing and mailed a letter to the parties requesting an agreed order rescheduling the hearing in light of the order compelling discovery responses. On 8/15/08, respondent filed a pre-hearing memorandum. On 8/22/08, the attorney for the respondent again moved to withdraw. On 8/24/08, the parties tendered an agreed order rescheduling the hearing. On 8/27/08, Commission counsel filed a motion for a default order. On 8/29/08, the Hearing Officer entered an agreed order rescheduling the hearing to occur on 1/14-15/09 in Lexington. On 9/25/08, the Hearing Officer entered an order finding the respondent in default pursuant to KRS 13B.080(6). On the same date, the Hearing Officer entered an order approving David Marshall's withdrawal as counsel for the respondent.

On 10/1/08, filed notice of hearing, which was served via Jessamine County Constable on November 4. Subsequently, he was also served by the Sheriff on November 19. The default hearing occurred on 1/14/09 at the offices of the Lexington Fair Housing Council. The respondent was present pro se at the hearing, but was not permitted to testify, question witness, or make evidentiary objections. On 2/4/09, commission counsel notified

Page 15 of 16

all parties regarding the Commission's receipt of the hearing transcript. Complainants' post hearing brief and tendered order were filed on 4/6/09. The Hearing Officer's recommended order was filed on 4/16/09, and the respondent's exceptions were filed on 5/1109. The complete indexed record was mailed to Commissioners on 5/7/09, a response to the respondent's exceptions was mailed on 5/18/09, and a quasi-judicial session was held on 5/21/09 in Jessamine County. Commission counsel subsequently tendered an order to Commissioner Henry Curtis, who was designated on 5/21/09 to prepare a final order consistent with the decision announced at the conclusion of the quasi-judicial session. Counsel for the respondent filed an objection to the tendered order on 6/10109. On 11/4/09, an order was entered reassigning this matter to Chair Stinson for the issuance of a modified final order. On 11/17/09, the respondent filed an objection to the order reassigning the case to Chair Stinson. On 12/17/09, a second quasi-judicial session was held and the Commission adopted a final order finding the respondent in default and awarding damages, attorney fees, costs, and injunctive relief. On 1/14/10, JeffreyClay Riester filed a petition for judicial review with the Jessamine Circuit Court. An answer was filed on 2/8/10. The certified administrative record was filed with the circuit court on 2/24/10.

Attorney: Morgan G. Ransdell

Hearing Officer: Alma Randolph Patton

VI. Legal Unit Activities from January 30,2010 to February 26,2010

1. Case Review Panels Completed (E&PAlH)... 3/0

2. Probable Cause Letters Signed and Issued (E&PAlH)... 010

3. Conciliation Orders Entered and Served (E&PAlH)... 010

4. Conciliation $ issued to If(s) (E&RAlH)($ only).... $01$0

5. SubpoenalConciliation Enforcement Actions (E&PAlH)... 010

6. Depositions Completed (E&PAlH)... 010

7. Substantive Briefs Completed...... ... 2

8. HearingslTrials Concluded (E&PAlH)... 010

9. Hearings/Damages after Quasi or Trial ($ only) (E&PAlH) $01$0

10. Withdrawal Orders Entered and Served ((E&PA/H)...... 010

11. Settlements after Withdrawal (E&PAlH) ($ only) $01$0

12. Commissioners Newly Certified as Hearing Officers..... 0

13. Completed External Trainings Attended.... ... . 0

14. Completed External Trainings Conducted...... 0

15. Completed Internal Trainings Attended.......... 0

16. Completed Internal Trainings Conducted '" 0

17. Open Records Requests Responses Issued.............. 5

18. Legislative Bill Reviews Completed... ... ... ... ... ... ... ..... 0

VII. Calendar of Upcoming Administrative Hearings Attached

Page 16 of 16

Wed

Thu

Fri

Sat

6

March

3

4

5

Sun

Man

Tue

10

11

12

13

14 15 16 17 18 19 20
Commission Hearing Officer
Meeting Training
Frankfort Frankfort
8:30-12:00
3.0 hrs
21 22 23 24 25 26 27 1

2

7

8

9

31

30

28

29

2010

ARril Hearings

26

Thu

Fri

9

Sat

Sun

Mon

Tue

Wed

1

2

State Holiday YzDay

3

6

7

8

10

4

5

15 Commission Meeting Frankfort

16

17

13

14

22

23

24

11

12

29

30

20

21

18

19

27

28

25

2010

May Hearings

Sun

Man

4

26

Thu

Fri

Sat

Tue

Wed

1

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 Commission Meeting

21

22

23

24

25

27

28

29

30 31

State

Holiday

2010

June Hearings

14

29

19

Sun Man Tue Wed Thu Fri Sat
1 2 3 4 5
1 :08-cv-00065- 1 :08-cv-00065- Syd 1: 08-cv-00065-
JHM-ERG JHM-ERG JHM-ERG
Sydnor v. Logan Sydnor v. Logan Sydnor v. Logan
Post 29 of the Post 29 of the Post 29 of the
American Legion American Legion American Legion
of Kentucky , of Kentucky, of Kentucky, Inc.
Inc. et al Inc. et al et al
Bowling Green Bowling Green Bowling Green
9:00am 9:00am 9:00am
Cambron Cambron Cambron
Day 1 Day 2 Day 3
6 7 8 9 10 11 12 16

17 Commission Meeting

18

13

15

20 21 22 23 24 25 26
Hearing Officer
Training
Frankfort
6.0 hrs 27

28

30

2010

July

5

State Holiday

Sat

7

Thu

Fri

4

Tue

6

Sun

Man

Wed

1

2

3

8

9

10

11 12 13 14 15 16 17
6666-E 6666-E
Beckv.3PD, Beckv.3PD,
Inc. Inc.
Louisville Louisville
lO:OOam lO:OOam
Cambron Cambron
Day 1 Day 2
Conciliation Conciliation
pending Pending
18 19 20 21 22 23 24 25 26 27 28 29
KCHRNo. KCHRNo. KCHRNo.
1504-H,1505- 1504-H, 1505- 1504-H, 1505-
H,1509-H& H, 1509-H & H, 1509-H &
1510-H 1510-H 1510-H
Yazell & Krider Yazell & Krider Yazell & Krider
v. Shady v. Shady v. Shady
AcresMobile AcresMobile AcresMobile
Home Park & Home Park & Home Park &
Hem)! Williams Henry Williams Henry Williams
Louisville Louisville Louisville
lO:OOam lO:OOam lO:OOam
Cambron Cambron Cambron
Curtis Curtis Curtis
Day 1 Day 2 Day 3 30

2010

31

Wed

Thu

6

Sat

7

.August

Sun

Man

Tue

4

5

Fri

1

2

3

11

12

13

14

8

9

10

18

19 Commission

\

Meeting

20

21

22 23 24 25 26 27 28
1468-H 1468-H
Norman v. Spears Norman v. Spears
lO:OOam lO:OOam
Louisville Louisville
Cambron Cambron
Bonifer Bonifer
Day 1 Day 2
29 30 31 16

17

15

2010

September

27

Tue

8

Thu

Fri

Sat

Sun

Man

Wed

1

2

3

4

5

6

State Holiday

7

9

10

11

12 13 14 15 16 17 18
627-PA,632- 627-PA,632-
PA,668-PA, PA,668-PA, Commission
669-PA 669-PA Meeting
Johnson v. City Johnson v. City
ofSt. of st. Matthews,
Matthews, 9:00 a.m.
9:00 a.m. Louisville
Louisville Cambron
Cambron Curtis
Curtis Day 2
Day 1
19 20 21 22 23 24 25 26

28

29

30

2010

Tue

Wed

Thu

Fri

30

2

October

Sat

1

Sun

Man

5

6

7

8

9

3

4

12

13

14

Commission Meeting

15

16

10

11

19

20

21

22

23

17

18

26

27

28

29

24

25

31

2010

30

Wed

Thu

Fri

Sat

NoveDlber

1

2

Sun

Man

Tue

6

3

4

5

8

9

10

11 State Holiday

12

13

7

14

15

16

17

18

19

20

21

22

23

24

25 State Holiday

26 State Holiday

27

28

29

2010

December

27

Wed

Thu

Fri

Sat

Sun

Man

Tue

4

1

2

3

6

7

8

9

10

11

5

12

13

14

15

16 Commission Meeting Frankfort

17

18

19

20

21

22

23

State Holiday State Holiday

24

25

28

29

30

State Holiday State Holiday

31

26

2010