In Canamore v. Tube Turns Div. Of Chemetron Corp., Ky. App., 676 S.W.2d 800 (1984), an aggrieved employee filed a complaint with the EEOC. Id. at 802.
The EEOC deferred the charges to the KCHR. Some two years later, with no action having been taken by the KCHR, the EEOC determined that there was no reasonable cause to believe the employee's allegations were true and issued a "Notice of Right to Sue." Id.
There was no evidence in the record of any KCHR proceeding. Id. In Canamore, a panel of this court held that the employee's civil action in circuit court was not precluded so long as the employee did not proceed to federal court and the KCHR never reached a final determination in the proceeding before it. Id. at 804.
In short, the "two bites of the apple" argument was not effective where the aggrieved employee had never received a final order from the state's administrative body, where no administrative claim was currently pending, and where he elected not to proceed in federal court.