According to reports by Linda B. Blackford in the Lexington Herald-Leader and Tom Loftus in the Louisville Courier-Journal, here and here, Kentucky authorities have noticed the apparently deceptive hiring practices of AIG and Ark Encounter, and sent a letter informing the proprietors of the Ark Park,
Therefore we are not prepared to move forward with consideration of the application for final approval [of a tax incentive] without the assurance of Ark Encounter LLC that it will not discriminate in any way on the basis of religion in hiring for the project and will revise its postings accordingly.
Update, October 9, 2014, noonish. According to a Reuters dispatch, AIG has said that it will fight for its “religious rights after state officials warned he could lose millions in potential tax credits if he hires only people who believe in the biblical flood.” In a not entirely veiled threat, Mike Zovath told Reuters, “We’re hoping the state takes a hard look at their position, and changes their position so it doesn’t go further than this,” and argued that the state had added a requirement by prohibiting religious discrimination. The state has responded by saying, “We expect all of the companies that get tax incentives to obey the law.”