¶1concurring in part.
¶2I concur with the majority opinion in the result and with the reasoning in reaching that result. However, I do not necessarily concur in its discussion of Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990), and its prospective application to this case.
¶3dissenting.
¶4I dissent. To fulfill the purpose underlying Ky.Rev.Stat. 161.164(4), I deem it necessary to interpret same as including job applicants as well as those persons already employed.