Legal Question in Discrimination Law in Kentucky

Re: Not wanting to fly

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Is your employment covered by a (union) collective bargaining agreement?

2. Is your employment covered by any civil service (federal, state, municipal) regulations?

Generally speaking, Kentucky is an "at will employment" state; meaning that your employer can fire you for any reason, or for no reason at all.

Exceptions to this rule are:

1. If you are a member of a "protected class" (federal, state and local laws may prevent your being fired simply because of your race, gender, religion, and, in some jurisdictions, sexual preference).

2. If your fear of flying is covered by the Americans With Disabilities Act. To be protected by the ADA your fear must be a medically or psychologically diagnosed illness or disability.

In this event, your employer might be legally required to make "reasonable accommodation" and allow you to travel by means other than flying.

You are best advised to seek the services of a competent Kentucky attorney with expertise in the area of employment law. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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