Owen v. University of Kentucky

486 S.W.3d 266, 32 Am. Disabilities Cas. (BNA) 1354, 2016 WL 2604779, 2016 Ky. LEXIS 174
CourtKentucky Supreme Court
DecidedMay 5, 2016
Docket2014-SC-000137-DG
StatusPublished
Cited by22 cases

This text of 486 S.W.3d 266 (Owen v. University of Kentucky) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owen v. University of Kentucky, 486 S.W.3d 266, 32 Am. Disabilities Cas. (BNA) 1354, 2016 WL 2604779, 2016 Ky. LEXIS 174 (Ky. 2016).

Opinion

OPINION OF THE COURT BY

CHIEF JUSTICE MINTON

Under our established election-of-remedies jurisprudence in Kentucky, a plaintiff seeking recovery under a civil rights theory must choose to pursue her claim either through the administrative system or in a court of law. Choosing first the administrative route, Janet Owen, a former University of Kentucky employee, received final orders from the Kentucky Commission on Human Rights dismissing her claim for discriminatory employment practices based on a physical disability. She then sought recovery in circuit court, but that court granted summary judgment in favor of UK because Owen had elected to pursue her remedy ■ through the administrative process.

We granted discretionary review in this case to determine whether a 1996 amendment to the Kentucky Civil Rights Act substantively alters whether the. election-of-remedies rule applies to actions filed in courts of law after availing oneself to the administrative process. We hold that the amendment forces us to reinterpret our precedent and that the text of the statute no longer bars such claims.

I. FACTUAL AND PROCEDURAL BACKGROUND.

Janet Owen was formerly employed as a nursing-care technician at the University of Kentucky’s Chandler Medical Center. She was .terminated in March 2009. Shortly thereafter, she filed a complaint ■with the Kentucky Commission on Human Rights (KCHR), contending that her ter-[268]*268ruination was premised on a physical disability and her recent health issues. Following KCHR procedure, the Commission dually filed her claim with the Equal Employment Opportunity Commission (EEOC). The EEOC issued UK a Notice of Charge of Discrimination, detailing that it would defer to the KCHR’s investigation, and requesting a statement and certain documents from UK in response.

A few months later, the KCHR informed both Owen and UK that Owen’s claim would be dismissed. This was a “final and appealable order,” but it also provided Owen the right to seek reconsideration within ten days of receiving the dismissal.1 She did just that, and a new investigation commenced that reviewed the previous investigation and also conducted additional discovery, requesting even more information from UK. The second investigation reaffirmed the dismissal in another final and appealable order, and informed Owen she had thirty days after receipt to file an appeal in state circuit court. She opted not to appeal the order. Around the same time, the EEOC likewise issued a Dismissal and Notice of Rights, adopting the KCHR’s findings. But the EEOC’s notice informed Owen that she had the immediate right to sue under federal law, in either state or federal court.

Rather than pursuing the EEOC’s federal claim or seeking judicial review of the KCHR final order, Owen instead filed an original action in circuit court under the Kentucky Civil Rights Act (KCRA). Her discrimination complaint mirrored the issues she brought before the KCHR and the EEOC. Following nearly two years of discovery, UK moved the court for summary judgment arguing that the trial court had no jurisdiction over the claim. Specifically, UK relied on prior interpretations of KRS 344.270 as an “election of remedies,-” and because Owen elected to pursue her claim through the administrative process, this particular claim was unavailable. The trial court agreed and granted UK summary judgment.

Owen appealed the ruling to the Kentucky Court of Appeals. The panel affirmed the trial court’s judgment, holding that KRS 344.270 indeed acts as an election of remedies. Because Owen brought her claim to an administrative commission and received a final order of disposition for her case, the panel held that she may not file the same claim later in state court. This Court has not interpreted this provision since 1995, and the statute was amended in 1996. So we granted discretionary review to determine whether the 1996 amendment substantively alters our understanding of the statute as an election-of-remedies provision. And we hold that it does.

II. ANALYSIS.

On appeal, Owen contends that the trial court erroneously granted summary judgment in favor of UK because KRS 344.270 does not bar her subsequent original action in circuit court. She alternatively argues that if the statute in fact includes an election-of-remedies provision, summary judgment remains improper because such a scheme would deny her due process of law and her state constitutional right to a jury trial.2 On summary judgment review, the appropriate standard for our analysis is “whether the record, when examined in its entirety, shows there is ‘no genuine issue as to any material fact and the moving party is entitled to judgment [269]*269as a matter of law.’ ”3 All evidence will be viewed in favor of the nonmoving party, with ambiguities resolved in its favor.4 Because this analysis disputes no factual findings, we review the following legal issues de novo.5

A. The Kentucky Civil Rights Act Procedures.

The Kentucky Civil Right Act offers a comprehensive scheme to curb discriminatory employment practices based on “race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker.” 6 For alleged violations of these civil rights protéctions, the KCRA offers two methods for bringing a claim for unlawful discrimination. The first is simply filing an original action in circuit court.7 The second involves going through statutorily created human rights commissions, most notably the KCHR, and availing oneself of the administrative process.8 Owen chose to pursue her claim against UK under this second method.

The KCHR consists of eleven members, with one member from each Supreme Court district and four at-large members.9 The Commission exists to “encourage fair treatment for, to foster mutual understanding and respect among and to discourage discrimination against any racial or ethnic group or its members.”10 ■ Although the statute prescribes a vast array of powers, the KCHR is empowered to receive and investigate complaints relating to discrimination, to offer recommendations to eliminate any injustices it discovers, and to hold public hearings and request the attendance of witnesses.11 And the statute also supplies a detailed administrative procedure for reviewing complaints presented to the KCHR.12

Owen’s administrative claim was processed in compliance with the statute’s procedures. Her initial complaint was reviewed in a timely matter and ultimately dismissed upon a finding that there was no probable cause UK discriminated against her. She then invoked her right to reconsideration, and a more-detailed investigation yielded the same result. At the end of the administrative process, Owen pos[270]

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Bluebook (online)
486 S.W.3d 266, 32 Am. Disabilities Cas. (BNA) 1354, 2016 WL 2604779, 2016 Ky. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-university-of-kentucky-ky-2016.