NORTON HEALTHCARE, INC. v. DENG

2013-SC-000526-DG.

487 S.W.3d 846 (2016)

NORTON HEALTHCARE, INC., Appellant v. Lual A. DENG (formerly Jacob L. Aker), Appellee.

Supreme Court of Kentucky.

RENDERED: FEBRUARY 18, 2016.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Alina Klimkina , Donna King Perry , Jeremy Stuart Rogers , Dinsmore & Shohl, LLP.

COUNSEL FOR APPELLEE: Everett Clay Hoffman , Priddy, Cutler, Naake & Meade, PLLC.


In cases where the employee must show that he applied for the position in question in order to establish a prima facie claim for employment discrimination, some courts have applied the futile-gesture doctrine to excuse this application requirement if the employee can show that the employer's consistently...

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