As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 176


Representatives Stewart, McGregor 

Cosponsors: Representatives Skindell, Celeste, Letson, Garland, Blair, Foley, Yuko, Heard, Williams, S., Harris, Harwood, Carney, Chandler, Boyd, Hagan, Ujvagi, Koziura, Winburn, Luckie, Williams, B., Mallory, Sykes, Yates, Brown, Driehaus 



A BILL
To amend sections 9.03, 124.93, 125.111, 340.12, 1
511.03, 717.01, 1501.012, 1751.18, 2927.03, 2
3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3
3314.06, 3332.09, 3721.13, 3905.55, 4111.17, 4
4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 5
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 6
4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 7
5119.61, 5123.351, 5126.07, 5515.08, and 8
5709.832 of the Revised Code to prohibit 9
discrimination on the basis of sexual 10
orientation or gender identity and expression.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 9.03, 124.93, 125.111, 340.12, 12
511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3301.53, 13
3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3905.55, 14
4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 15
4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 16
5107.26, 5111.31, 5119.61, 5123.351, 5126.07, 5515.08, and 17
5709.832 of the Revised Code be amended to read as follows:18

       Sec. 9.03.  (A) As used in this section, "political19
subdivision" means any body corporate and politic, except a20
municipal corporation that has adopted a charter under Section 721
of Article XVIII, Ohio Constitution, and except a county that has22
adopted a charter under Sections 3 and 4 of Article X, Ohio23
Constitution, to which both of the following apply:24

       (1) It is responsible for governmental activities only in a25
geographic area smaller than the state.26

       (2) It is subject to the sovereign immunity of the state.27

       (B) Except as otherwise provided in division (C) of this28
section, the governing body of a political subdivision may use29
public funds to publish and distribute newsletters, or to use any30
other means, to communicate information about the plans, policies,31
and operations of the political subdivision to members of the32
public within the political subdivision and to other persons who33
may be affected by the political subdivision.34

       (C) Except as otherwise provided in division (A)(7) of35
section 340.03 or division (A)(12) of section 340.033 of the36
Revised Code, no governing body of a political subdivision shall37
use public funds to do any of the following:38

       (1) Publish, distribute, or otherwise communicate information 39
that does any of the following:40

       (a) Contains defamatory, libelous, or obscene matter;41

       (b) Promotes alcoholic beverages, cigarettes or other tobacco42
products, or any illegal product, service, or activity;43

       (c) Promotes illegal discrimination on the basis of sexual 44
orientation or gender identity and expression as those terms are 45
defined in section 4112.01 of the Revised Code, race, color,46
religion, national origin, handicap, age, or ancestry;47

       (d) Supports or opposes any labor organization or any action48
by, on behalf of, or against any labor organization;49

       (e) Supports or opposes the nomination or election of a50
candidate for public office, the investigation, prosecution, or51
recall of a public official, or the passage of a levy or bond52
issue.53

       (2) Compensate any employee of the political subdivision for54
time spent on any activity to influence the outcome of an election55
for any of the purposes described in division (C)(1)(e) of this56
section. Division (C)(2) of this section does not prohibit the use57
of public funds to compensate an employee of a political58
subdivision for attending a public meeting to present information59
about the political subdivision's finances, activities, and60
governmental actions in a manner that is not designed to influence61
the outcome of an election or the passage of a levy or bond issue,62
even though the election, levy, or bond issue is discussed or63
debated at the meeting.64

       (D) Nothing in this section prohibits or restricts any65
political subdivision from sponsoring, participating in, or doing66
any of the following:67

       (1) Charitable or public service advertising that is not68
commercial in nature;69

       (2) Advertising of exhibitions, performances, programs,70
products, or services that are provided by employees of a71
political subdivision or are provided at or through premises owned72
or operated by a political subdivision;73

       (3) Licensing an interest in a name or mark that is owned or74
controlled by the political subdivision.75

       (E) As used in this section, "cigarettes" and "tobacco76
product" have the same meanings as in section 5743.01 of the77
Revised Code.78

       Sec. 124.93.  (A) As used in this section, "physician" means 79
any person who holds a valid certificate to practice medicine and 80
surgery or osteopathic medicine and surgery issued under Chapter 81
4731. of the Revised Code.82

       (B) No health insuring corporation that, on or after July 1, 83
1993, enters into or renews a contract with the department of 84
administrative services under section 124.82 of the Revised Code, 85
because of a physician's race, color, religion, sex, or national 86
origin,; disability, sexual orientation, gender identity and 87
expression, or military status as those terms are defined in 88
section 4112.01 of the Revised Code,; age,; or ancestry, shall 89
refuse to contract with that physician for the provision of 90
health care services under section 124.82 of the Revised Code.91

       Any health insuring corporation that violates this division 92
is deemed to have engaged in an unlawful discriminatory practice 93
as defined in section 4112.02 of the Revised Code and is subject 94
to Chapter 4112. of the Revised Code.95

       (C) Each health insuring corporation that, on or after July 96
1, 1993, enters into or renews a contract with the department of 97
administrative services under section 124.82 of the Revised Code 98
and that refuses to contract with a physician for the provision of 99
health care services under that section shall provide that 100
physician with a written notice that clearly explains the reason 101
or reasons for the refusal. The notice shall be sent to the 102
physician by regular mail within thirty days after the refusal.103

       Any health insuring corporation that fails to provide notice 104
in compliance with this division is deemed to have engaged in an 105
unfair and deceptive act or practice in the business of insurance 106
as defined in section 3901.21 of the Revised Code and is subject 107
to sections 3901.19 to 3901.26 of the Revised Code.108

       Sec. 125.111.  (A) Every contract for or on behalf of the109
state or any of its political subdivisions for any purchase shall110
contain provisions similar to those required by section 153.59 of111
the Revised Code in the case of construction contracts by which112
the contractor agrees to both of the following:113

       (1) That, in the hiring of employees for the performance of114
work under the contract or any subcontract, no contractor or115
subcontractor, by reason of race, color, religion, sex, or age,;116
disability, sexual orientation, gender identity and expression, or 117
military status, as those terms are defined in section 4112.01 of 118
the Revised Code,; national origin,; or ancestry, shall 119
discriminate against any citizen of this state in the employment 120
of a person qualified and available to perform the work to which 121
the contract relates;122

       (2) That no contractor, subcontractor, or person acting on 123
behalf of any contractor or subcontractor, in any manner, shall 124
discriminate against, intimidate, or retaliate against any 125
employee hired for the performance of work under the contract on 126
account of race, color, religion, sex, or age,; disability, sexual 127
orientation, gender identity and expression, or military status,128
as those terms are defined in section 4112.01 of the Revised 129
Code,; national origin,; or ancestry.130

       (B) All contractors from whom the state or any of its131
political subdivisions make purchases shall have a written132
affirmative action program for the employment and effective133
utilization of economically disadvantaged persons, as referred to 134
in division (E)(1) of section 122.71 of the Revised Code. 135
Annually, each such contractor shall file a description of the 136
affirmative action program and a progress report on its 137
implementation with the equal employment opportunity office of the 138
department of administrative services.139

       Sec. 340.12.  No board of alcohol, drug addiction, and mental 140
health services or any agency, corporation, or association under 141
contract with such a board shall discriminate in the provision of 142
services under its authority, in employment, or contract on the 143
basis of sexual orientation or gender identity and expression as 144
those terms are defined in section 4112.01 of the Revised Code,145
race, color, sex, creed, disability, or national origin.146

       Each board, each community mental health agency, and each147
alcohol and drug addiction program shall have a written148
affirmative action program. The affirmative action program shall149
include goals for the employment and effective utilization of,150
including contracts with, members of economically disadvantaged151
groups as defined in division (E)(1) of section 122.71 of the152
Revised Code in percentages reflecting as nearly as possible the153
composition of the alcohol, drug addiction, and mental health154
service district served by the board. Each board, agency, and155
program shall file a description of the affirmative action program 156
and a progress report on its implementation with the department of 157
mental health or the department of alcohol and drug addiction 158
services.159

       Sec. 511.03.  After an affirmative vote in an election held160
under sections 511.01 and 511.02 of the Revised Code, the board of 161
township trustees may make all contracts necessary for the162
purchase of a site, and the erection, improvement, or enlargement163
of such building. The board shall have control of any town hall164
belonging to the township, and it may rent or lease all or part of 165
any hall, lodge, or recreational facility belonging to the166
township, to any person or organization under terms the board167
considers proper, for which all rent shall be paid in advance or168
fully secured. In establishing the terms of any rental agreement169
or lease pursuant to this section, the board of township trustees170
may give preference to persons who are residents of or171
organizations that are headquartered in the township or that are172
charitable or fraternal in nature. All persons or organizations173
shall be treated on a like or similar basis, and no174
differentiation shall be made on the basis of sexual orientation 175
or gender identity and expression as those terms are defined in 176
section 4112.01 of the Revised Code, race, color, religion, 177
national origin, sex, or political affiliation. The rents received 178
for such facilities may be used for their repair or improvement, 179
and any balance shall be used for general township purposes.180

       Sec. 717.01.  Each municipal corporation may do any of the181
following:182

       (A) Acquire by purchase or condemnation real estate with or 183
without buildings on it, and easements or interests in real184
estate;185

       (B) Extend, enlarge, reconstruct, repair, equip, furnish, or 186
improve a building or improvement that it is authorized to acquire 187
or construct;188

       (C) Erect a crematory or provide other means for disposing of 189
garbage or refuse, and erect public comfort stations;190

       (D) Purchase turnpike roads and make them free;191

       (E) Construct wharves and landings on navigable waters;192

       (F) Construct infirmaries, workhouses, prisons, police193
stations, houses of refuge and correction, market houses, public194
halls, public offices, municipal garages, repair shops, storage195
houses, and warehouses;196

       (G) Construct or acquire waterworks for supplying water to197
the municipal corporation and its inhabitants and extend the198
waterworks system outside of the municipal corporation limits;199

       (H) Construct or purchase gas works or works for the200
generation and transmission of electricity, for the supplying of201
gas or electricity to the municipal corporation and its202
inhabitants;203

       (I) Provide grounds for cemeteries or crematories, enclose204
and embellish them, and construct vaults or crematories;205

       (J) Construct sewers, sewage disposal works, flushing206
tunnels, drains, and ditches;207

       (K) Construct free public libraries and reading rooms, and208
free recreation centers;209

       (L) Establish free public baths and municipal lodging houses;210

       (M) Construct monuments or memorial buildings to commemorate 211
the services of soldiers, sailors, and marines of the state and 212
nation;213

       (N) Provide land for and improve parks, boulevards, and214
public playgrounds;215

       (O) Construct hospitals and pesthouses;216

       (P) Open, construct, widen, extend, improve, resurface, or217
change the line of any street or public highway;218

       (Q) Construct and improve levees, dams, waterways,219
waterfronts, and embankments and improve any watercourse passing220
through the municipal corporation;221

       (R) Construct or improve viaducts, bridges, and culverts;222

       (S)(1) Construct any building necessary for the police or223
fire department;224

       (2) Purchase fire engines or fire boats;225

       (3) Construct water towers or fire cisterns;226

       (4) Place underground the wires or signal apparatus of any227
police or fire department.228

       (T) Construct any municipal ice plant for the purpose of229
manufacturing ice for the citizens of a municipal corporation;230

       (U) Construct subways under any street or boulevard or231
elsewhere;232

       (V) Acquire by purchase, gift, devise, bequest, lease,233
condemnation proceedings, or otherwise, real or personal property, 234
and thereon and thereof to establish, construct, enlarge, improve, 235
equip, maintain, and operate airports, landing fields, or other 236
air navigation facilities, either within or outside the limits of 237
a municipal corporation, and acquire by purchase, gift, devise, 238
lease, or condemnation proceedings rights-of-way for connections 239
with highways, waterways, and electric, steam, and interurban 240
railroads, and improve and equip such facilities with structures 241
necessary or appropriate for such purposes. No municipal 242
corporation may take or disturb property or facilities belonging 243
to any public utility or to a common carrier engaged in interstate 244
commerce, which property or facilities are required for the proper 245
and convenient operation of the utility or carrier, unless 246
provision is made for the restoration, relocation, or duplication 247
of the property or facilities elsewhere at the sole cost of the 248
municipal corporation.249

       (W) Provide by agreement with any regional airport authority, 250
created under section 308.03 of the Revised Code, for the making 251
of necessary surveys, appraisals, and examinations preliminary to 252
the acquisition or construction of any airport or airport facility 253
and pay the portion of the expense of the surveys, appraisals, and 254
examinations as set forth in the agreement;255

       (X) Provide by agreement with any regional airport authority, 256
created under section 308.03 of the Revised Code, for the 257
acquisition, construction, maintenance, or operation of any258
airport or airport facility owned or to be owned and operated by259
the regional airport authority or owned or to be owned and260
operated by the municipal corporation and pay the portion of the261
expense of it as set forth in the agreement;262

       (Y) Acquire by gift, purchase, lease, or condemnation, land, 263
forest, and water rights necessary for conservation of forest 264
reserves, water parks, or reservoirs, either within or without the 265
limits of the municipal corporation, and improve and equip the 266
forest and water parks with structures, equipment, and267
reforestation necessary or appropriate for any purpose for the268
utilization of any of the forest and water benefits that may269
properly accrue therefrom to the municipal corporation;270

       (Z) Acquire real property by purchase, gift, or devise and271
construct and maintain on it public swimming pools, either within272
or outside the limits of the municipal corporation;273

       (AA) Construct or rehabilitate, equip, maintain, operate, and 274
lease facilities for housing of elderly persons and for persons of 275
low and moderate income, and appurtenant facilities. No municipal 276
corporation shall deny housing accommodations to or withhold 277
housing accommodations from elderly persons or persons of low and 278
moderate income because of race, color, religion, or sex,;279
familial status as defined in section 4112.01 of the Revised280
Code, military status as defined in that section, disability as 281
defined in that section, or sexual orientation, or gender 282
identity and expression, as those terms are defined in section 283
4112.01 of the Revised Code; ancestry,; or national origin. Any 284
elderly person or person of low or moderate income who is denied 285
housing accommodations or has them withheld by a municipal 286
corporation because of race, color, religion, or sex,; familial 287
status as defined in section 4112.01 of the Revised Code, 288
military status as defined in that section, disability as 289
defined in that section, sexual orientation, or gender identity 290
and expression, as those terms are defined in section 4112.01 of 291
the Revised Code; ancestry,; or national origin may file a charge 292
with the Ohio civil rights commission as provided in Chapter 293
4112. of the Revised Code.294

       (BB) Acquire, rehabilitate, and develop rail property or rail 295
service, and enter into agreements with the Ohio rail development 296
commission, boards of county commissioners, boards of township 297
trustees, legislative authorities of other municipal corporations, 298
with other governmental agencies or organizations, and with 299
private agencies or organizations in order to achieve those 300
purposes;301

       (CC) Appropriate and contribute money to a soil and water302
conservation district for use under Chapter 1515. of the Revised303
Code;304

       (DD) Authorize the board of county commissioners, pursuant to 305
a contract authorizing the action, to contract on the municipal 306
corporation's behalf for the administration and enforcement within 307
its jurisdiction of the state building code by another county or 308
another municipal corporation located within or outside the 309
county. The contract for administration and enforcement shall 310
provide for obtaining certification pursuant to division (E) of 311
section 3781.10 of the Revised Code for the exercise of 312
administration and enforcement authority within the municipal 313
corporation seeking those services and shall specify which 314
political subdivision is responsible for securing that315
certification.316

       (EE) Expend money for providing and maintaining services and 317
facilities for senior citizens.318

       "Airport," "landing field," and "air navigation facility," as 319
defined in section 4561.01 of the Revised Code, apply to division 320
(V) of this section.321

       As used in divisions (W) and (X) of this section, "airport"322
and "airport facility" have the same meanings as in section 308.01 323
of the Revised Code.324

       As used in division (BB) of this section, "rail property" and 325
"rail service" have the same meanings as in section 4981.01 of the 326
Revised Code.327

       Sec. 1501.012.  (A) The director of natural resources may328
lease lands in state parks, as defined in section 1501.07 of the329
Revised Code, and contract for the construction and operation of330
public service facilities, as mentioned in that section, and for331
major renovation or remodeling of existing public service332
facilities by the lessees on those lands. If the director333
determines that doing so would be consistent with long-range334
planning of the department of natural resources and in the best335
interests of the department and the division of parks and336
recreation in the department, the director shall negotiate and 337
execute a lease and contract for those purposes in accordance with 338
this chapter except as otherwise provided in this section.339

       (B) With the approval of the recreation and resources council 340
created under section 1501.04 of the Revised Code, the director 341
shall draft a statement of intent describing any public service 342
facility that the department wishes to have constructed in 343
accordance with this section and establishing a procedure for the 344
submission of proposals for providing the facility, including, but 345
not limited to, a requirement that each prospective bidder or 346
lessee of land shall submit with the proposal a completed 347
questionnaire and financial statement, on forms prescribed and 348
furnished by the department, to enable the department to ascertain 349
the person's financial worth and experience in maintaining and 350
operating facilities similar or related to the public service 351
facility in question. The completed questionnaire and financial 352
statement shall be verified under oath by the prospective bidder 353
or lessee. Questionnaires and financial statements submitted under 354
this division are confidential and are not open to public 355
inspection. Nothing in this division shall be construed to prevent 356
use of or reference to questionnaires and financial statements in 357
a civil action or criminal prosecution commenced by the state.358

       The director shall publish the statement of intent in at359
least three daily newspapers of general circulation in the state360
at least once each week for four consecutive weeks. The director 361
then shall accept proposals in response to the statement of intent 362
for at least thirty days following the final publication of the363
statement. At the end of the period during which proposals may be 364
submitted under this division, the director shall select the365
proposal that the director determines best complies with the366
statement of intent and may negotiate a lease and contract with 367
the person that submitted that proposal.368

       (C) Any lease and contract negotiated under this section369
shall include in its terms and conditions all of the following:370

       (1) The legal description of the leasehold;371

       (2) The duration of the lease and contract, which shall not 372
exceed forty years, and a requirement that the lease and contract 373
be nonrenewable;374

       (3) A requirement that the lessee maintain in full force and 375
effect during the term of the lease and contract comprehensive 376
liability insurance for injury, death, or loss to persons or 377
property and fire casualty insurance for the public service 378
facility and all its structures in an amount established by the 379
director and naming the department as an additional insured;380

       (4) A requirement that the lessee maintain in full force and 381
effect suitable performance bonds or other adequate security382
pertaining to the construction and operation of the public service 383
facility;384

       (5) Detailed plans and specifications controlling the385
construction of the public service facility that shall include all 386
of the following:387

       (a) The size and capacity of the facility;388

       (b) The type and quality of construction;389

       (c) Other criteria that the department considers necessary 390
and advisable.391

       (6) The manner of rental payment;392

       (7) A stipulation that the director shall have control and393
supervision over all of the following:394

       (a) The operating season of the public service facility;395

       (b) The facility's hours of operation;396

       (c) The maximum rates to be charged guests using the397
facility;398

       (d) The facility's sanitary conditions;399

       (e) The quality of food and service furnished the guests of 400
the facility;401

       (f) The lessee's general and structural maintenance402
responsibilities at the facility.403

       (8) The disposition of the leasehold and improvements at the 404
expiration of the lease and contract;405

       (9) A requirement that the public service facility be406
available to all members of the public without regard to sex,407
race, color, creed, ancestry, or national origin,; or disability, 408
sexual orientation, or gender identity and expression, as those 409
terms are defined in section 4112.01 of the Revised Code;410

       (10) Other terms and conditions that the director considers 411
necessary and advisable to carry out the purposes of this section.412

       (D) The attorney general shall approve the form of the lease 413
and contract prior to its execution by the director.414

       (E) The authority granted in this section to the director is 415
in addition and supplemental to any other authority granted the416
director under state law.417

       Sec. 1751.18.  (A)(1) No health insuring corporation shall 418
cancel or fail to renew the coverage of a subscriber or enrollee 419
because of any health status-related factor in relation to the 420
subscriber or enrollee, the subscriber's or enrollee's 421
requirements for health care services, or for any other reason 422
designated under rules adopted by the superintendent of insurance.423

       (2) Unless otherwise required by state or federal law, no424
health insuring corporation, or health care facility or provider425
through which the health insuring corporation has made426
arrangements to provide health care services, shall discriminate427
against any individual with regard to enrollment, disenrollment,428
or the quality of health care services rendered, on the basis of429
the individual's race, color, sex, age, religion, military status, 430
sexual orientation, or gender identity and expression as those 431
terms are defined in section 4112.01 of the Revised Code, or 432
status as a recipient of medicare or medicaid, or any health 433
status-related factor in relation to the individual. However, 434
a health insuring corporation shall not be required to accept a 435
recipient of medicare or medical assistance, if an agreement has 436
not been reached on appropriate payment mechanisms between the 437
health insuring corporation and the governmental agency 438
administering these programs. Further, except during a period of 439
open enrollment under section 1751.15 of the Revised Code, a 440
health insuring corporation may reject an applicant for nongroup 441
enrollment on the basis of any health status-related factor in 442
relation to the applicant.443

       (B) A health insuring corporation may cancel or decide not to 444
renew the coverage of an enrollee if the enrollee has performed an 445
act or practice that constitutes fraud or intentional 446
misrepresentation of material fact under the terms of the coverage 447
and if the cancellation or nonrenewal is not based, either 448
directly or indirectly, on any health status-related factor in 449
relation to the enrollee.450

       (C) An enrollee may appeal any action or decision of a health451
insuring corporation taken pursuant to section 2742(b) to (e) of452
the "Health Insurance Portability and Accountability Act of 1996," 453
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as454
amended. To appeal, the enrollee may submit a written complaint 455
to the health insuring corporation pursuant to section 1751.19 of 456
the Revised Code. The enrollee may, within thirty days after 457
receiving a written response from the health insuring corporation, 458
appeal the health insuring corporation's action or decision to the 459
superintendent.460

       (D) As used in this section, "health status-related factor"461
means any of the following:462

       (1) Health status;463

       (2) Medical condition, including both physical and mental 464
illnesses;465

       (3) Claims experience;466

       (4) Receipt of health care;467

       (5) Medical history;468

       (6) Genetic information;469

       (7) Evidence of insurability, including conditions arising 470
out of acts of domestic violence;471

       (8) Disability.472

       Sec. 2927.03.  (A) No person, whether or not acting under473
color of law, shall by force or threat of force willfully injure,474
intimidate, or interfere with, or attempt to injure, intimidate,475
or interfere with, any of the following:476

       (1) Any person because of race, color, religion, sex, 477
national origin, or ancestry; or familial status as defined in 478
section 4112.01 of the Revised Code, national origin, military 479
status as defined in that section, disability as defined in that480
section, gender identity and expression, or ancestrysexual 481
orientation, as those terms are defined in section 4112.01 of the 482
Revised Code, and because that person is or has been selling,483
purchasing, renting, financing, occupying, contracting, or484
negotiating for the sale, purchase, rental, financing, or485
occupation of any housing accommodations, or applying for or486
participating in any service, organization, or facility relating487
to the business of selling or renting housing accommodations;488

       (2) Any person because that person is or has been doing, or 489
in order to intimidate that person or any other person or any 490
class of persons from doing, either of the following:491

       (a) Participating, without discrimination on account of race, 492
color, religion, sex, national origin, or ancestry; or familial 493
status as defined in section 4112.01 of the Revised Code, 494
national origin, military status as defined in that section,495
disability as defined in that section, gender identity and 496
expression, or ancestry,sexual orientation, as those terms are 497
defined in section 4112.01 of the Revised Code, in any of the498
activities, services, organizations, or facilities described in499
division (A)(1) of this section;500

       (b) Affording another person or class of persons opportunity 501
or protection so to participate.502

       (3) Any person because that person is or has been, or in503
order to discourage that person or any other person from, lawfully 504
aiding or encouraging other persons to participate, without 505
discrimination on account of race, color, religion, sex, national 506
origin, or ancestry; or familial status as defined in section 507
4112.01 of the Revised Code, national origin, military status as 508
defined in that section, disability as defined in that section, 509
gender identity and expression, or ancestry,sexual orientation, 510
as those terms are defined in section 4112.01 of the Revised 511
Code, in any of the activities, services, organizations, or512
facilities described in division (A)(1) of this section, or513
participating lawfully in speech or peaceful assembly opposing514
any denial of the opportunity to so participate.515

       (B) Whoever violates division (A) of this section is guilty 516
of a misdemeanor of the first degree.517

       Sec. 3113.36.  (A) To qualify for funds under section 3113.35 518
of the Revised Code, a shelter for victims of domestic violence 519
shall meet all of the following requirements:520

       (1) Be incorporated in this state as a nonprofit corporation;521

       (2) Have trustees who represent the racial, ethnic, and522
socioeconomic diversity of the community to be served, including523
at least one person who is or has been a victim of domestic524
violence;525

       (3) Receive at least twenty-five per cent of its funds from 526
sources other than funds distributed pursuant to section 3113.35 527
of the Revised Code. These other sources may be public or private, 528
and may include funds distributed pursuant to section 3113.37 of 529
the Revised Code, and contributions of goods or services, 530
including materials, commodities, transportation, office space, or 531
other types of facilities or personal services.532

       (4) Provide residential service or facilities for children533
when accompanied by a parent, guardian, or custodian who is a534
victim of domestic violence and who is receiving temporary535
residential service at the shelter;536

       (5) Require persons employed by or volunteering services to 537
the shelter to maintain the confidentiality of any information538
that would identify individuals served by the shelter.539

       (B) A shelter for victims of domestic violence does not540
qualify for funds if it discriminates in its admissions or541
provision of services on the basis of sexual orientation or gender 542
identity and expression as those terms are defined in section 543
4112.01 of the Revised Code, race, religion, color, age, marital 544
status, national origin, or ancestry. A shelter does not qualify 545
for funds in the second half of any year if its application 546
projects the provision of residential service and such service 547
has not been provided in the first half of that year; such a 548
shelter does not qualify for funds in the following year.549

       Sec. 3301.53.  (A) The state board of education, in 550
consultation with the director of job and family services, shall 551
formulate and prescribe by rule adopted under Chapter 119. of the 552
Revised Code minimum standards to be applied to preschool programs 553
operated by school district boards of education, county MR/DD 554
boards, or eligible nonpublic schools. The rules shall include 555
the following:556

       (1) Standards ensuring that the preschool program is located557
in a safe and convenient facility that accommodates the enrollment558
of the program, is of the quality to support the growth and559
development of the children according to the program objectives,560
and meets the requirements of section 3301.55 of the Revised Code;561

       (2) Standards ensuring that supervision, discipline, and562
programs will be administered according to established objectives563
and procedures;564

       (3) Standards ensuring that preschool staff members and565
nonteaching employees are recruited, employed, assigned,566
evaluated, and provided inservice education without discrimination567
on the basis of sexual orientation or gender identity and 568
expression as those terms are defined in section 4112.01 of the 569
Revised Code, age, color, national origin, race, or sex; and that 570
preschool staff members and nonteaching employees are assigned 571
responsibilities in accordance with written position descriptions 572
commensurate with their training and experience;573

       (4) A requirement that boards of education intending to574
establish a preschool program demonstrate a need for a preschool 575
program prior to establishing the program;576

       (5) Requirements that children participating in preschool577
programs have been immunized to the extent considered appropriate578
by the state board to prevent the spread of communicable disease;579

       (6) Requirements that the parents of preschool children580
complete the emergency medical authorization form specified in581
section 3313.712 of the Revised Code.582

       (B) The state board of education in consultation with the583
director of job and family services shall ensure that the rules584
adopted by the state board under sections 3301.52 to 3301.58 of585
the Revised Code are consistent with and meet or exceed the586
requirements of Chapter 5104. of the Revised Code with regard to587
child day-care centers. The state board and the director of job588
and family services shall review all such rules at least once589
every five years.590

       (C) The state board of education, in consultation with the 591
director of job and family services, shall adopt rules for school 592
child programs that are consistent with and meet or exceed the 593
requirements of the rules adopted for school child day-care 594
centers under Chapter 5104. of the Revised Code.595

       Sec. 3304.14.  The governor shall appoint an administrator 596
of the rehabilitation services commission to serve at the 597
pleasure of the governor and shall fix the administrator's 598
compensation. The administrator shall devote the administrator's 599
entire time to the duties of the administrator's office, shall 600
hold no other office or position of trust and profit, and shall 601
engage in no other business during the administrator's term of 602
office. The governor may grant the administrator the authority 603
to appoint, remove, and discipline without regard to sexual 604
orientation or gender identity and expression as those terms are 605
defined in section 4112.01 of the Revised Code, sex, race, 606
creed, color, age, or national origin, such other professional, 607
administrative, and clerical staff members as are necessary to 608
carry out the functions and duties of the commission.609

       Sec. 3304.50.  The Ohio independent living council 610
established and appointed by the governor under the authority of 611
section 107.18 of the Revised Code and pursuant to the 612
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 613
U.S.C.A. 796d, shall appoint an executive director to serve at the 614
pleasure of the council and shall fix histhe executive director's615
compensation. The executive director shall not be considered a616
public employee for purposes of Chapter 4117. of the Revised Code. 617
The council may delegate to the executive director the authority 618
to appoint, remove, and discipline, without regard to sexual 619
orientation or gender identity and expression as those terms are 620
defined in section 4112.01 of the Revised Code, sex, race, creed, 621
color, age, or national origin, such other professional, 622
administrative, and clerical staff members as are necessary to 623
carry out the functions and duties of the council.624

       Sec. 3313.481.  (A) With the approval of the department of625
education, a board of education of a city, exempted village,626
local, or joint vocational school district may operate any of its627
schools on a schedule other than that required by section 3313.48628
of the Revised Code in order to do any of the following:629

       (1) To provide a flexible school day during which may be held 630
parent-teacher conferences and reporting periods involving time in 631
excess of that permitted to be credited toward fulfillment of the 632
minimum school year under section 3313.48 of the Revised Code;633

       (2) To establish and maintain a calendar of quarters,634
trimesters, or pentamesters;635

       (3) To provide staggered attendance schedules if it receives 636
approval to do so from the department of education.637

       (B) A school district operating a school under this section 638
shall have such school open for instruction for each pupil 639
enrolled in that school for at least nine hundred ten hours during 640
the school year. For purposes of determining whether a school that 641
is on a staggered attendance schedule is in compliance with this 642
section in any school year, the department of education may 643
include days the school was open for instruction with pupils in 644
attendance for not more than the first seventy days of the ensuing 645
school year provided such days are not considered as days the 646
school was open for instruction during such ensuing school year. 647
The following shall be considered as time during which the schools 648
are open for instruction for a pupil enrolled in such a school, or 649
for a pupil enrolled in a school that is not on a staggered 650
attendance schedule but that operates under this section:651

       (1) Morning and afternoon recess periods of not more than652
fifteen minutes duration per period for a pupil in grades one653
through six;654

       (2) Ten hours during which the pupil would otherwise be in655
attendance but when he is not required to attend school in order656
to provide time for individualized parent-teacher conferences and657
reporting periods;658

       (3) Ten hours during which the pupil would otherwise be in659
attendance but is not required to attend school in order to660
provide time for teachers to attend professional meetings;661

       (4) The number of hours pupils would otherwise be in662
attendance but are not required to attend because school is closed 663
as a result of a public calamity as provided in section 3317.01 of 664
the Revised Code.665

       (C) No board of education shall discriminate on the basis of 666
sexual orientation or gender identity and expression as those 667
terms are defined in section 4112.01 of the Revised Code, sex, 668
race, religion, or national origin when assigning pupils to 669
attendance schedules pursuant to this section.670

       Sec. 3314.06.  The governing authority of each community671
school established under this chapter shall adopt admission672
procedures that specify the following:673

       (A) That except as otherwise provided in this section,674
admission to the school shall be open to any individual age five675
to twenty-two entitled to attend school pursuant to section676
3313.64 or 3313.65 of the Revised Code in a school district in the677
state.678

       (B)(1) That admission to the school may be limited to679
students who have attained a specific grade level or are within a680
specific age group; to students that meet a definition of681
"at-risk," as defined in the contract; to residents of a specific 682
geographic area within the district, as defined in the contract; 683
or to separate groups of autistic students and nondisabled 684
students, as authorized in section 3314.061 of the Revised Code 685
and as defined in the contract.686

       (2) For purposes of division (B)(1) of this section,687
"at-risk" students may include those students identified as gifted688
students under section 3324.03 of the Revised Code.689

       (C) Whether enrollment is limited to students who reside in690
the district in which the school is located or is open to691
residents of other districts, as provided in the policy adopted692
pursuant to the contract.693

       (D)(1) That there will be no discrimination in the admission694
of students to the school on the basis of sexual orientation or 695
gender identity and expression as those terms are defined in 696
section 4112.01 of the Revised Code, race, creed, color, 697
disability, or sex except that:698

       (a) The governing authority may establish single-gender 699
schools for the purpose described in division (G) of this section 700
provided comparable facilities and learning opportunities are 701
offered for both boys and girls. Such comparable facilities and 702
opportunities may be offered for each sex at separate locations.703

       (b) The governing authority may establish a school that 704
simultaneously serves a group of students identified as autistic 705
and a group of students who are not disabled, as authorized in 706
section 3314.061 of the Revised Code. However, unless the total 707
capacity established for the school has been filled, no student 708
with any disability shall be denied admission on the basis of 709
that disability.710

       (2) That upon admission of any student with a disability, 711
the community school will comply with all federal and state laws712
regarding the education of students with disabilities.713

       (E) That the school may not limit admission to students on714
the basis of intellectual ability, measures of achievement or715
aptitude, or athletic ability, except that a school may limit its716
enrollment to students as described in division (B) of this717
section.718

       (F) That the community school will admit the number of719
students that does not exceed the capacity of the school's720
programs, classes, grade levels, or facilities.721

       (G) That the purpose of single-gender schools that are722
established shall be to take advantage of the academic benefits723
some students realize from single-gender instruction and724
facilities and to offer students and parents residing in the725
district the option of a single-gender education.726

       (H) That, except as otherwise provided under division (B) of727
this section or section 3314.061 of the Revised Code, if the 728
number of applicants exceeds the capacity restrictions of division 729
(F) of this section, students shall be admitted by lot from all 730
those submitting applications, except preference shall be given to 731
students attending the school the previous year and to students 732
who reside in the district in which the school is located. 733
Preference may be given to siblings of students attending the 734
school the previous year.735

       Notwithstanding divisions (A) to (H) of this section, in the 736
event the racial composition of the enrollment of the community 737
school is violative of a federal desegregation order, the738
community school shall take any and all corrective measures to739
comply with the desegregation order.740

       Sec. 3332.09.  The state board of career colleges and schools 741
may limit, suspend, revoke, or refuse to issue or renew a 742
certificate of registration or program authorization or may impose 743
a penalty pursuant to section 3332.091 of the Revised Code for any 744
one or combination of the following causes:745

       (A) Violation of any provision of sections 3332.01 to 3332.09 746
of the Revised Code, the board's minimum standards, or any rule 747
made by the board;748

       (B) Furnishing of false, misleading, deceptive, altered, or749
incomplete information or documents to the board;750

       (C) The signing of an application or the holding of a751
certificate of registration by a person who has pleaded guilty or752
has been found guilty of a felony or has pleaded guilty or been753
found guilty of a crime involving moral turpitude;754

       (D) The signing of an application or the holding of a755
certificate of registration by a person who is addicted to the use756
of any controlled substance, or who is found to be mentally757
incompetent;758

       (E) Violation of any commitment made in an application for a759
certificate of registration or program authorization;760

       (F) Presenting to prospective students, either at the time of 761
solicitation or enrollment, or through advertising, mail762
circulars, or phone solicitation, misleading, deceptive, false, or763
fraudulent information relating to any program, employment764
opportunity, or opportunities for enrollment in accredited765
institutions of higher education after entering or completing766
programs offered by the holder of a certificate of registration;767

       (G) Failure to provide or maintain premises or equipment for768
offering programs in a safe and sanitary condition;769

       (H) Refusal by an agent to display the agent's permit upon770
demand of a prospective student or other interested person;771

       (I) Failure to maintain financial resources adequate for the772
satisfactory conduct of programs as presented in the plan of773
operation or to retain a sufficient number and qualified staff of774
instruction, except that nothing in this chapter requires an775
instructor to be licensed by the state board of education or to776
hold any type of post-high school degree;777

       (J) Offering training or programs other than those presented778
in the application, except that schools may offer special courses779
adapted to the needs of individual students when the special780
courses are in the subject field specified in the application;781

       (K) Discrimination in the acceptance of students upon the782
basis of sexual orientation or gender identity and expression as 783
those terms are defined in section 4112.01 of the Revised Code,784
race, color, religion, sex, or national origin;785

       (L) Accepting the services of an agent not holding a valid786
permit issued under section 3332.10 or 3332.11 of the Revised787
Code;788

       (M) The use of monetary or other valuable consideration by789
the school's agents or representatives to induce prospective790
students to enroll in the school, or the practice of awarding791
monetary or other valuable considerations without board approval792
to students in exchange for procuring the enrollment of others;793

       (N) Failure to provide at the request of the board, any794
information, records, or files pertaining to the operation of the795
school or recruitment and enrollment of students.796

       If the board modifies or adopts additional minimum standards797
or rules pursuant to section 3332.031 of the Revised Code, all798
schools and agents shall have sixty days from the effective date799
of the modifications or additional standards or rules to comply800
with such modifications or additions.801

       Sec. 3721.13.  (A) The rights of residents of a home shall802
include, but are not limited to, the following:803

       (1) The right to a safe and clean living environment pursuant 804
to the medicare and medicaid programs and applicable state laws 805
and regulations prescribed by the public health council;806

       (2) The right to be free from physical, verbal, mental, and807
emotional abuse and to be treated at all times with courtesy,808
respect, and full recognition of dignity and individuality;809

       (3) Upon admission and thereafter, the right to adequate and810
appropriate medical treatment and nursing care and to other811
ancillary services that comprise necessary and appropriate care812
consistent with the program for which the resident contracted.813
This care shall be provided without regard to considerations such814
as sexual orientation or gender identity and expression as those 815
terms are defined in section 4112.01 of the Revised Code, race, 816
color, religion, national origin, age, or source of payment for 817
care.818

       (4) The right to have all reasonable requests and inquiries819
responded to promptly;820

       (5) The right to have clothes and bed sheets changed as the821
need arises, to ensure the resident's comfort or sanitation;822

       (6) The right to obtain from the home, upon request, the name 823
and any specialty of any physician or other person responsible for 824
the resident's care or for the coordination of care;825

       (7) The right, upon request, to be assigned, within the826
capacity of the home to make the assignment, to the staff827
physician of the resident's choice, and the right, in accordance828
with the rules and written policies and procedures of the home, to829
select as the attending physician a physician who is not on the830
staff of the home. If the cost of a physician's services is to be831
met under a federally supported program, the physician shall meet832
the federal laws and regulations governing such services.833

       (8) The right to participate in decisions that affect the834
resident's life, including the right to communicate with the835
physician and employees of the home in planning the resident's836
treatment or care and to obtain from the attending physician837
complete and current information concerning medical condition,838
prognosis, and treatment plan, in terms the resident can839
reasonably be expected to understand; the right of access to all840
information in the resident's medical record; and the right to841
give or withhold informed consent for treatment after the842
consequences of that choice have been carefully explained. When843
the attending physician finds that it is not medically advisable844
to give the information to the resident, the information shall be845
made available to the resident's sponsor on the resident's behalf,846
if the sponsor has a legal interest or is authorized by the847
resident to receive the information. The home is not liable for a848
violation of this division if the violation is found to be the849
result of an act or omission on the part of a physician selected850
by the resident who is not otherwise affiliated with the home.851

       (9) The right to withhold payment for physician visitation if 852
the physician did not visit the resident;853

       (10) The right to confidential treatment of personal and854
medical records, and the right to approve or refuse the release of855
these records to any individual outside the home, except in case856
of transfer to another home, hospital, or health care system, as857
required by law or rule, or as required by a third-party payment858
contract;859

       (11) The right to privacy during medical examination or860
treatment and in the care of personal or bodily needs;861

       (12) The right to refuse, without jeopardizing access to862
appropriate medical care, to serve as a medical research subject;863

       (13) The right to be free from physical or chemical864
restraints or prolonged isolation except to the minimum extent865
necessary to protect the resident from injury to self, others, or866
to property and except as authorized in writing by the attending867
physician for a specified and limited period of time and868
documented in the resident's medical record. Prior to authorizing869
the use of a physical or chemical restraint on any resident, the870
attending physician shall make a personal examination of the871
resident and an individualized determination of the need to use872
the restraint on that resident.873

       Physical or chemical restraints or isolation may be used in874
an emergency situation without authorization of the attending875
physician only to protect the resident from injury to self or876
others. Use of the physical or chemical restraints or isolation877
shall not be continued for more than twelve hours after the onset878
of the emergency without personal examination and authorization by879
the attending physician. The attending physician or a staff880
physician may authorize continued use of physical or chemical881
restraints for a period not to exceed thirty days, and at the end882
of this period and any subsequent period may extend the883
authorization for an additional period of not more than thirty884
days. The use of physical or chemical restraints shall not be885
continued without a personal examination of the resident and the886
written authorization of the attending physician stating the887
reasons for continuing the restraint.888

       If physical or chemical restraints are used under this889
division, the home shall ensure that the restrained resident890
receives a proper diet. In no event shall physical or chemical891
restraints or isolation be used for punishment, incentive, or892
convenience.893

       (14) The right to the pharmacist of the resident's choice and 894
the right to receive pharmaceutical supplies and services at895
reasonable prices not exceeding applicable and normally accepted896
prices for comparably packaged pharmaceutical supplies and897
services within the community;898

       (15) The right to exercise all civil rights, unless the899
resident has been adjudicated incompetent pursuant to Chapter900
2111. of the Revised Code and has not been restored to legal901
capacity, as well as the right to the cooperation of the home's902
administrator in making arrangements for the exercise of the right903
to vote;904

       (16) The right of access to opportunities that enable the905
resident, at the resident's own expense or at the expense of a906
third-party payer, to achieve the resident's fullest potential,907
including educational, vocational, social, recreational, and908
habilitation programs;909

       (17) The right to consume a reasonable amount of alcoholic910
beverages at the resident's own expense, unless not medically911
advisable as documented in the resident's medical record by the912
attending physician or unless contradictory to written admission913
policies;914

       (18) The right to use tobacco at the resident's own expense915
under the home's safety rules and under applicable laws and rules916
of the state, unless not medically advisable as documented in the917
resident's medical record by the attending physician or unless918
contradictory to written admission policies;919

       (19) The right to retire and rise in accordance with the920
resident's reasonable requests, if the resident does not disturb921
others or the posted meal schedules and upon the home's request922
remains in a supervised area, unless not medically advisable as923
documented by the attending physician;924

       (20) The right to observe religious obligations and925
participate in religious activities; the right to maintain926
individual and cultural identity; and the right to meet with and927
participate in activities of social and community groups at the928
resident's or the group's initiative;929

       (21) The right upon reasonable request to private and930
unrestricted communications with the resident's family, social931
worker, and any other person, unless not medically advisable as932
documented in the resident's medical record by the attending933
physician, except that communications with public officials or934
with the resident's attorney or physician shall not be restricted. 935
Private and unrestricted communications shall include, but are not 936
limited to, the right to:937

       (a) Receive, send, and mail sealed, unopened correspondence;938

       (b) Reasonable access to a telephone for private939
communications;940

       (c) Private visits at any reasonable hour.941

       (22) The right to assured privacy for visits by the spouse,942
or if both are residents of the same home, the right to share a943
room within the capacity of the home, unless not medically944
advisable as documented in the resident's medical record by the945
attending physician;946

       (23) The right upon reasonable request to have room doors947
closed and to have them not opened without knocking, except in the948
case of an emergency or unless not medically advisable as949
documented in the resident's medical record by the attending950
physician;951

       (24) The right to retain and use personal clothing and a952
reasonable amount of possessions, in a reasonably secure manner,953
unless to do so would infringe on the rights of other residents or954
would not be medically advisable as documented in the resident's955
medical record by the attending physician;956

       (25) The right to be fully informed, prior to or at the time957
of admission and during the resident's stay, in writing, of the958
basic rate charged by the home, of services available in the home,959
and of any additional charges related to such services, including960
charges for services not covered under the medicare or medicaid961
program. The basic rate shall not be changed unless thirty days962
notice is given to the resident or, if the resident is unable to963
understand this information, to the resident's sponsor.964

       (26) The right of the resident and person paying for the care 965
to examine and receive a bill at least monthly for the resident's 966
care from the home that itemizes charges not included in the basic 967
rates;968

       (27)(a) The right to be free from financial exploitation;969

       (b) The right to manage the resident's own personal financial 970
affairs, or, if the resident has delegated this responsibility in971
writing to the home, to receive upon written request at least a 972
quarterly accounting statement of financial transactions made on 973
the resident's behalf. The statement shall include:974

       (i) A complete record of all funds, personal property, or975
possessions of a resident from any source whatsoever, that have976
been deposited for safekeeping with the home for use by the977
resident or the resident's sponsor;978

       (ii) A listing of all deposits and withdrawals transacted,979
which shall be substantiated by receipts which shall be available980
for inspection and copying by the resident or sponsor.981

       (28) The right of the resident to be allowed unrestricted982
access to the resident's property on deposit at reasonable hours,983
unless requests for access to property on deposit are so984
persistent, continuous, and unreasonable that they constitute a985
nuisance;986

       (29) The right to receive reasonable notice before the987
resident's room or roommate is changed, including an explanation988
of the reason for either change.989

       (30) The right not to be transferred or discharged from the990
home unless the transfer is necessary because of one of the991
following:992

       (a) The welfare and needs of the resident cannot be met in993
the home.994

       (b) The resident's health has improved sufficiently so that995
the resident no longer needs the services provided by the home.996

       (c) The safety of individuals in the home is endangered.997

       (d) The health of individuals in the home would otherwise be998
endangered.999

       (e) The resident has failed, after reasonable and appropriate 1000
notice, to pay or to have the medicare or medicaid program pay on 1001
the resident's behalf, for the care provided by the home. A 1002
resident shall not be considered to have failed to have the 1003
resident's care paid for if the resident has applied for medicaid, 1004
unless both of the following are the case:1005

       (i) The resident's application, or a substantially similar1006
previous application, has been denied by the county department of1007
job and family services.1008

       (ii) If the resident appealed the denial pursuant to division 1009
(C) of section 5101.35 of the Revised Code, the director of job 1010
and family services has upheld the denial.1011

       (f) The home's license has been revoked, the home is being1012
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,1013
or section 5155.31 of the Revised Code, or the home otherwise1014
ceases to operate.1015

       (g) The resident is a recipient of medicaid, and the home's1016
participation in the medicaid program is involuntarily terminated1017
or denied.1018

       (h) The resident is a beneficiary under the medicare program, 1019
and the home's participation in the medicare program is1020
involuntarily terminated or denied.1021

       (31) The right to voice grievances and recommend changes in1022
policies and services to the home's staff, to employees of the1023
department of health, or to other persons not associated with the1024
operation of the home, of the resident's choice, free from1025
restraint, interference, coercion, discrimination, or reprisal.1026
This right includes access to a residents' rights advocate, and1027
the right to be a member of, to be active in, and to associate1028
with persons who are active in organizations of relatives and1029
friends of nursing home residents and other organizations engaged1030
in assisting residents.1031

       (32) The right to have any significant change in the1032
resident's health status reported to the resident's sponsor. As1033
soon as such a change is known to the home's staff, the home shall1034
make a reasonable effort to notify the sponsor within twelve1035
hours.1036

       (B) A sponsor may act on a resident's behalf to assure that1037
the home does not deny the residents' rights under sections1038
3721.10 to 3721.17 of the Revised Code.1039

       (C) Any attempted waiver of the rights listed in division (A) 1040
of this section is void.1041

       Sec. 3905.55.  (A) Except as provided in division (B) of this 1042
section, an agent may charge a consumer a fee if all of the1043
following conditions are met:1044

       (1) The fee is disclosed to the consumer in a manner that1045
separately identifies the fee and the premium.1046

       (2) The fee is not calculated as a percentage of the premium.1047

       (3) The fee is not refunded, forgiven, waived, offset, or1048
reduced by any commission earned or received for any policy or1049
coverage sold.1050

       (4) The amount of the fee, and the consumer's obligation to1051
pay the fee, are not conditioned upon the occurrence of a future1052
event or condition, such as the purchase, cancellation, lapse,1053
declination, or nonrenewal of insurance.1054

       (5) The agent discloses to the consumer that the fee is being 1055
charged by the agent and not by the insurance company, that1056
neither state law nor the insurance company requires the agent to1057
charge the fee, and that the fee is not refundable.1058

       (6) The consumer consents to the fee.1059

       (7) The agent, in charging the fee, does not discriminate on1060
the basis of race, sex, national origin, religion, disability,1061
health status, age, marital status, military status, gender 1062
identity and expression, or sexual orientation as those terms are1063
defined in section 4112.01 of the Revised Code, or geographic 1064
location, and does not unfairly discriminate between persons of 1065
essentially the same class and of essentially the same hazard or 1066
expectation of life.1067

       (B) A fee may not be charged for taking or submitting an1068
initial application for coverage with any one insurer or different1069
programs with the same insurer, or processing a change to an1070
existing policy, a cancellation, a claim, or a renewal, in1071
connection with any of the following personal lines policies:1072

       (1) Private passenger automobile;1073

       (2) Homeowners, including coverage for tenants or condominium 1074
owners, owner-occupied fire or dwelling property coverage, 1075
personal umbrella liability, or any other personal lines-related 1076
coverage whether sold as a separate policy or as an endorsement to 1077
another personal lines policy;1078

       (3) Individual life insurance;1079

       (4) Individual sickness or accident insurance;1080

       (5) Disability income policies;1081

       (6) Credit insurance products.1082

       (C) Notwithstanding any other provision of this section, an1083
agent may charge a fee for agent services in connection with a1084
policy issued on a no-commission basis, if the agent provides the1085
consumer with prior disclosure of the fee and of the services to1086
be provided.1087

       (D) In the event of a dispute between an agent and a consumer 1088
regarding any disclosure required by this section, the agent has 1089
the burden of proving that the disclosure was made.1090

       (E)(1) No person shall fail to comply with this section.1091

       (2) Whoever violates division (E)(1) of this section is1092
deemed to have engaged in an unfair and deceptive act or practice1093
in the business of insurance under sections 3901.19 to 3901.26 of1094
the Revised Code.1095

       (F) This section does not apply with respect to any expense1096
fee charged by a surety bail bond agent to cover the costs1097
incurred by the surety bail bond agent in executing the bail bond.1098

       Sec. 4111.17.  (A) No employer, including the state and1099
political subdivisions thereof, shall discriminate in the payment1100
of wages on the basis of sexual orientation or gender identity and 1101
expression as those terms are defined in section 4112.01 of the 1102
Revised Code, race, color, religion, sex, age, national origin, or 1103
ancestry by paying wages to any employee at a rate less than the 1104
rate at which the employer pays wages to another employee for 1105
equal work on jobs the performance of which requires equal skill, 1106
effort, and responsibility, and which are performed under similar 1107
conditions.1108

       (B) Nothing in this section prohibits an employer from paying 1109
wages to one employee at a rate different from that at which the 1110
employer pays another employee for the performance of equal work1111
under similar conditions on jobs requiring equal skill, effort,1112
and responsibility, when the payment is made pursuant to any of1113
the following:1114

       (1) A seniority system;1115

       (2) A merit system;1116

       (3) A system which measures earnings by the quantity or1117
quality of production;1118

       (4) A wage rate differential determined by any factor other1119
than sexual orientation or gender identity and expression as those 1120
terms are defined in section 4112.01 of the Revised Code, race, 1121
color, religion, sex, age, national origin, or ancestry.1122

       (C) No employer shall reduce the wage rate of any employee in 1123
order to comply with this section.1124

       (D) The director of commerce shall carry out, administer, and 1125
enforce this section. Any employee discriminated against in1126
violation of this section may sue in any court of competent1127
jurisdiction to recover two times the amount of the difference1128
between the wages actually received and the wages received by a1129
person performing equal work for the employer, from the date of1130
the commencement of the violation, and for costs, including1131
attorney fees. The director may take an assignment of any such1132
wage claim in trust for such employee and sue in the employee's1133
behalf. In any civil action under this section, two or more1134
employees of the same employer may join as co-plaintiffs in one1135
action. The director may sue in one action for claims assigned to1136
the director by two or more employees of the same employer. No1137
agreement to work for a discriminatory wage constitutes a defense1138
for any civil or criminal action to enforce this section. No1139
employer shall discriminate against any employee because such1140
employee makes a complaint or institutes, or testifies in, any1141
proceeding under this section.1142

       (E) Any action arising under this section shall be initiated1143
within one year after the date of violation.1144

       Sec. 4112.01.  (A) As used in this chapter:1145

       (1) "Person" includes one or more individuals, partnerships,1146
associations, organizations, corporations, legal representatives,1147
trustees, trustees in bankruptcy, receivers, and other organized1148
groups of persons. "Person" also includes, but is not limited to,1149
any owner, lessor, assignor, builder, manager, broker,1150
salesperson, appraiser, agent, employee, lending institution, and1151
the state and all political subdivisions, authorities, agencies,1152
boards, and commissions of the state.1153

       (2) "Employer" includes the state, any political subdivision1154
of the state, any person employing four or more persons within 1155
the state, and any person acting directly or indirectly in the1156
interest of an employer, except that for purposes of 1157
discrimination based upon sexual orientation or gender identity 1158
and expression, "employer" includes the state, any political 1159
subdivision of the state, any person employing fifteen or more 1160
persons within the state, and any person acting directly or 1161
indirectly in the interest of an employer.1162

       (3) "Employee" means an individual employed by any employer1163
but does not include any individual employed in the domestic1164
service of any person.1165

       (4) "Labor organization" includes any organization that1166
exists, in whole or in part, for the purpose of collective1167
bargaining or of dealing with employers concerning grievances,1168
terms or conditions of employment, or other mutual aid or1169
protection in relation to employment.1170

       (5) "Employment agency" includes any person regularly1171
undertaking, with or without compensation, to procure1172
opportunities to work or to procure, recruit, refer, or place1173
employees.1174

       (6) "Commission" means the Ohio civil rights commission1175
created by section 4112.03 of the Revised Code.1176

       (7) "Discriminate" includes segregate or separate.1177

       (8) "Unlawful discriminatory practice" means any act1178
prohibited by section 4112.02, 4112.021, or 4112.022 of the1179
Revised Code.1180

       (9) "Place of public accommodation" means any inn,1181
restaurant, eating house, barbershop, public conveyance by air,1182
land, or water, theater, store, other place for the sale of1183
merchandise, or any other place of public accommodation or1184
amusement of which the accommodations, advantages, facilities, or1185
privileges are available to the public.1186

       (10) "Housing accommodations" includes any building or1187
structure, or portion of a building or structure, that is used or1188
occupied or is intended, arranged, or designed to be used or1189
occupied as the home residence, dwelling, dwelling unit, or1190
sleeping place of one or more individuals, groups, or families1191
whether or not living independently of each other; and any vacant1192
land offered for sale or lease. "Housing accommodations" also1193
includes any housing accommodations held or offered for sale or1194
rent by a real estate broker, salesperson, or agent, by any other1195
person pursuant to authorization of the owner, by the owner, or by1196
the owner's legal representative.1197

       (11) "Restrictive covenant" means any specification limiting1198
the transfer, rental, lease, or other use of any housing1199
accommodations because of race, color, religion, sex, military 1200
status, familial status, national origin, disability, or ancestry, 1201
or any limitation based upon affiliation with or approval by any 1202
person, directly or indirectly, employing race, color, religion, 1203
sex, military status, familial status, national origin, 1204
disability, or ancestry as a condition of affiliation or approval.1205

       (12) "Burial lot" means any lot for the burial of deceased1206
persons within any public burial ground or cemetery, including,1207
but not limited to, cemeteries owned and operated by municipal1208
corporations, townships, or companies or associations incorporated1209
for cemetery purposes.1210

       (13) "Disability" means a physical or mental impairment that1211
substantially limits one or more major life activities, including1212
the functions of caring for one's self, performing manual tasks,1213
walking, seeing, hearing, speaking, breathing, learning, and1214
working; a record of a physical or mental impairment; or being1215
regarded as having a physical or mental impairment.1216

       (14) Except as otherwise provided in section 4112.021 of the1217
Revised Code, "age" means at least forty years old.1218

       (15) "Familial status" means either of the following:1219

       (a) One or more individuals who are under eighteen years of1220
age and who are domiciled with a parent or guardian having legal1221
custody of the individual or domiciled, with the written1222
permission of the parent or guardian having legal custody, with a1223
designee of the parent or guardian;1224

       (b) Any person who is pregnant or in the process of securing1225
legal custody of any individual who is under eighteen years of1226
age.1227

       (16)(a) Except as provided in division (A)(16)(b) of this1228
section, "physical or mental impairment" includes any of the1229
following:1230

       (i) Any physiological disorder or condition, cosmetic1231
disfigurement, or anatomical loss affecting one or more of the1232
following body systems: neurological; musculoskeletal; special1233
sense organs; respiratory, including speech organs;1234
cardiovascular; reproductive; digestive; genito-urinary; hemic and1235
lymphatic; skin; and endocrine;1236

       (ii) Any mental or psychological disorder, including, but not 1237
limited to, mental retardation, organic brain syndrome, emotional 1238
or mental illness, and specific learning disabilities;1239

       (iii) Diseases and conditions, including, but not limited to, 1240
orthopedic, visual, speech, and hearing impairments, cerebral1241
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,1242
cancer, heart disease, diabetes, human immunodeficiency virus1243
infection, mental retardation, emotional illness, drug addiction,1244
and alcoholism.1245

       (b) "Physical or mental impairment" does not include any of1246
the following:1247

       (i) Homosexuality and bisexuality;1248

       (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 1249
voyeurism, gender identity disorders not resulting from physical 1250
impairments, or other sexual behavior disorders;1251

       (iii) Compulsive gambling, kleptomania, or pyromania;1252

       (iv) Psychoactive substance use disorders resulting from the1253
current illegal use of a controlled substance or the current use1254
of alcoholic beverages.1255

       (17) "Dwelling unit" means a single unit of residence for a1256
family of one or more persons.1257

       (18) "Common use areas" means rooms, spaces, or elements1258
inside or outside a building that are made available for the use1259
of residents of the building or their guests, and includes, but is1260
not limited to, hallways, lounges, lobbies, laundry rooms, refuse1261
rooms, mail rooms, recreational areas, and passageways among and1262
between buildings.1263

       (19) "Public use areas" means interior or exterior rooms or1264
spaces of a privately or publicly owned building that are made1265
available to the general public.1266

       (20) "Controlled substance" has the same meaning as in1267
section 3719.01 of the Revised Code.1268

       (21) "Disabled tenant" means a tenant or prospective tenant1269
who is a person with a disability.1270

       (22) "Military status" means a person's status in "service in 1271
the uniformed services" as defined in section 5923.05 of the 1272
Revised Code.1273

       (23) "Sexual orientation" means actual or perceived, 1274
heterosexuality, homosexuality, or bisexuality.1275

       (24) "Gender identity and expression" means the 1276
gender-related identity, appearance, or expression of an 1277
individual regardless of the individual's assigned sex at birth.1278

       (B) For the purposes of divisions (A) to (F) of section1279
4112.02 of the Revised Code, the terms "because of sex" and "on1280
the basis of sex" include, but are not limited to, because of or1281
on the basis of pregnancy, any illness arising out of and1282
occurring during the course of a pregnancy, childbirth, or related1283
medical conditions. Women affected by pregnancy, childbirth, or1284
related medical conditions shall be treated the same for all1285
employment-related purposes, including receipt of benefits under1286
fringe benefit programs, as other persons not so affected but1287
similar in their ability or inability to work, and nothing in1288
division (B) of section 4111.17 of the Revised Code shall be1289
interpreted to permit otherwise. This division shall not be1290
construed to require an employer to pay for health insurance1291
benefits for abortion, except where the life of the mother would1292
be endangered if the fetus were carried to term or except where1293
medical complications have arisen from the abortion, provided that1294
nothing in this division precludes an employer from providing1295
abortion benefits or otherwise affects bargaining agreements in1296
regard to abortion.1297

       Sec. 4112.02.  It shall be an unlawful discriminatory1298
practice:1299

       (A) For any employer, because of the race, color, religion,1300
sex, sexual orientation, gender identity and expression, military 1301
status, national origin, disability, age, or ancestry of any1302
person, to discharge without just cause, to refuse to hire, or1303
otherwise to discriminate against that person with respect to1304
hire, tenure, terms, conditions, or privileges of employment, or1305
any matter directly or indirectly related to employment.1306

       (B) For an employment agency or personnel placement service,1307
because of race, color, religion, sex, sexual orientation, gender 1308
identity and expression, military status, national origin,1309
disability, age, or ancestry, to do any of the following:1310

       (1) Refuse or fail to accept, register, classify properly, or 1311
refer for employment, or otherwise discriminate against any1312
person;1313

       (2) Comply with a request from an employer for referral of1314
applicants for employment if the request directly or indirectly1315
indicates that the employer fails to comply with the provisions of1316
sections 4112.01 to 4112.07 of the Revised Code.1317

       (C) For any labor organization to do any of the following:1318

       (1) Limit or classify its membership on the basis of race,1319
color, religion, sex, sexual orientation, gender identity and 1320
expression, military status, national origin, disability, age,1321
or ancestry;1322

       (2) Discriminate against, limit the employment opportunities1323
of, or otherwise adversely affect the employment status, wages,1324
hours, or employment conditions of any person as an employee1325
because of race, color, religion, sex, sexual orientation, gender 1326
identity and expression, military status, national origin,1327
disability, age, or ancestry.1328

       (D) For any employer, labor organization, or joint1329
labor-management committee controlling apprentice training1330
programs to discriminate against any person because of race,1331
color, religion, sex, sexual orientation, gender identity and 1332
expression, military status, national origin, disability, or1333
ancestry in admission to, or employment in, any program 1334
established to provide apprentice training.1335

       (E) Except where based on a bona fide occupational1336
qualification certified in advance by the commission, for any1337
employer, employment agency, personnel placement service, or labor1338
organization, prior to employment or admission to membership, to1339
do any of the following:1340

       (1) Elicit or attempt to elicit any information concerning1341
the race, color, religion, sex, sexual orientation, gender 1342
identity and expression, military status, national origin,1343
disability, age, or ancestry of an applicant for employment or 1344
membership;1345

       (2) Make or keep a record of the race, color, religion, sex, 1346
sexual orientation, gender identity and expression, military 1347
status, national origin, disability, age, or ancestry of any 1348
applicant for employment or membership;1349

       (3) Use any form of application for employment, or personnel1350
or membership blank, seeking to elicit information regarding race,1351
color, religion, sex, sexual orientation, gender identity and 1352
expression, military status, national origin, disability, age, or1353
ancestry; but an employer holding a contract containing a1354
nondiscrimination clause with the government of the United1355
States, or any department or agency of that government, may1356
require an employee or applicant for employment to furnish1357
documentary proof of United States citizenship and may retain1358
that proof in the employer's personnel records and may use1359
photographic or fingerprint identification for security 1360
purposes;1361

       (4) Print or publish or cause to be printed or published any1362
notice or advertisement relating to employment or membership1363
indicating any preference, limitation, specification, or1364
discrimination, based upon race, color, religion, sex, sexual 1365
orientation, gender identity and expression, military status, 1366
national origin, disability, age, or ancestry;1367

       (5) Announce or follow a policy of denying or limiting,1368
through a quota system or otherwise, employment or membership1369
opportunities of any group because of the race, color, religion,1370
sex, sexual orientation, gender identity and expression, military 1371
status, national origin, disability, age, or ancestry of that 1372
group;1373

       (6) Utilize in the recruitment or hiring of persons any1374
employment agency, personnel placement service, training school or1375
center, labor organization, or any other employee-referring source1376
known to discriminate against persons because of their race,1377
color, religion, sex, sexual orientation, gender identity and 1378
expression, military status, national origin, disability, age, or1379
ancestry.1380

       (F) For any person seeking employment to publish or cause to1381
be published any advertisement that specifies or in any manner1382
indicates that person's race, color, religion, sex, sexual 1383
orientation, gender identity and expression, military status, 1384
national origin, disability, age, or ancestry, or expresses a1385
limitation or preference as to the race, color, religion, sex, 1386
sexual orientation, gender identity and expression, military 1387
status, national origin, disability, age, or ancestry of any 1388
prospective employer.1389

       (G) For any proprietor or any employee, keeper, or manager of 1390
a place of public accommodation to deny to any person, except for 1391
reasons applicable alike to all persons regardless of race, color, 1392
religion, sex, sexual orientation, gender identity and expression,1393
military status, national origin, disability, age, or ancestry, 1394
the full enjoyment of the accommodations, advantages, facilities, 1395
or privileges of the place of public accommodation.1396

       (H) For any person to do any of the following:1397

       (1) Refuse to sell, transfer, assign, rent, lease, sublease,1398
or finance housing accommodations, refuse to negotiate for the1399
sale or rental of housing accommodations, or otherwise deny or1400
make unavailable housing accommodations because of race, color,1401
religion, sex, sexual orientation, gender identity and expression,1402
military status, familial status, ancestry, disability, or1403
national origin;1404

       (2) Represent to any person that housing accommodations are1405
not available for inspection, sale, or rental, when in fact they1406
are available, because of race, color, religion, sex, sexual 1407
orientation, gender identity and expression, military status,1408
familial status, ancestry, disability, or national origin;1409

       (3) Discriminate against any person in the making or1410
purchasing of loans or the provision of other financial assistance1411
for the acquisition, construction, rehabilitation, repair, or1412
maintenance of housing accommodations, or any person in the making1413
or purchasing of loans or the provision of other financial1414
assistance that is secured by residential real estate, because of1415
race, color, religion, sex, sexual orientation, gender identity 1416
and expression, military status, familial status, ancestry,1417
disability, or national origin or because of the racial1418
composition of the neighborhood in which the housing 1419
accommodations are located, provided that the person, whether an 1420
individual, corporation, or association of any type, lends money 1421
as one of the principal aspects or incident to the person's 1422
principal business and not only as a part of the purchase price 1423
of an owner-occupied residence the person is selling nor merely 1424
casually or occasionally to a relative or friend;1425

       (4) Discriminate against any person in the terms or1426
conditions of selling, transferring, assigning, renting, leasing,1427
or subleasing any housing accommodations or in furnishing1428
facilities, services, or privileges in connection with the1429
ownership, occupancy, or use of any housing accommodations,1430
including the sale of fire, extended coverage, or homeowners1431
insurance, because of race, color, religion, sex, sexual 1432
orientation, gender identity and expression, military status, 1433
familial status, ancestry, disability, or national origin or1434
because of the racial composition of the neighborhood in which the 1435
housing accommodations are located;1436

       (5) Discriminate against any person in the terms or1437
conditions of any loan of money, whether or not secured by1438
mortgage or otherwise, for the acquisition, construction,1439
rehabilitation, repair, or maintenance of housing accommodations1440
because of race, color, religion, sex, sexual orientation, gender 1441
identity and expression, military status, familial status, 1442
ancestry, disability, or national origin or because of the 1443
racial composition of the neighborhood in which the housing1444
accommodations are located;1445

       (6) Refuse to consider without prejudice the combined income1446
of both husband and wife for the purpose of extending mortgage1447
credit to a married couple or either member of a married couple;1448

       (7) Print, publish, or circulate any statement or1449
advertisement, or make or cause to be made any statement or1450
advertisement, relating to the sale, transfer, assignment, rental,1451
lease, sublease, or acquisition of any housing accommodations, or1452
relating to the loan of money, whether or not secured by mortgage1453
or otherwise, for the acquisition, construction, rehabilitation,1454
repair, or maintenance of housing accommodations, that indicates1455
any preference, limitation, specification, or discrimination based1456
upon race, color, religion, sex, sexual orientation, gender 1457
identity and expression, military status, familial status, 1458
ancestry, disability, or national origin, or an intention to make 1459
any such preference, limitation, specification, or discrimination;1460

       (8) Except as otherwise provided in division (H)(8) or (17)1461
of this section, make any inquiry, elicit any information, make or1462
keep any record, or use any form of application containing1463
questions or entries concerning race, color, religion, sex, sexual 1464
orientation, gender identity and expression, military status,1465
familial status, ancestry, disability, or national origin in1466
connection with the sale or lease of any housing accommodations1467
or the loan of any money, whether or not secured by mortgage or1468
otherwise, for the acquisition, construction, rehabilitation,1469
repair, or maintenance of housing accommodations. Any person may1470
make inquiries, and make and keep records, concerning race,1471
color, religion, sex, sexual orientation, gender identity and 1472
expression, military status, familial status, ancestry,1473
disability, or national origin for the purpose of monitoring 1474
compliance with this chapter.1475

       (9) Include in any transfer, rental, or lease of housing1476
accommodations any restrictive covenant, or honor or exercise, or1477
attempt to honor or exercise, any restrictive covenant;1478

       (10) Induce or solicit, or attempt to induce or solicit, a1479
housing accommodations listing, sale, or transaction by1480
representing that a change has occurred or may occur with respect1481
to the racial, religious, sexual, sexual orientation, gender 1482
identity and expression, military status, familial status, or 1483
ethnic composition of the block, neighborhood, or other area in 1484
which the housing accommodations are located, or induce or 1485
solicit, or attempt to induce or solicit, a housing 1486
accommodations listing, sale, or transaction by representing 1487
that the presence or anticipated presence of persons of any race, 1488
color, religion, sex, sexual orientation, gender identity and 1489
expression, military status, familial status, ancestry, 1490
disability, or national origin, in the block, neighborhood, or 1491
other area will or may have results including, but not limited 1492
to, the following:1493

       (a) The lowering of property values;1494

       (b) A change in the racial, religious, sexual, sexual 1495
orientation, gender identity and expression, military status, 1496
familial status, or ethnic composition of the block, 1497
neighborhood, or other area;1498

       (c) An increase in criminal or antisocial behavior in the1499
block, neighborhood, or other area;1500

       (d) A decline in the quality of the schools serving the1501
block, neighborhood, or other area.1502

       (11) Deny any person access to or membership or participation 1503
in any multiple-listing service, real estate brokers' 1504
organization, or other service, organization, or facility relating 1505
to the business of selling or renting housing accommodations, or 1506
discriminate against any person in the terms or conditions of that 1507
access, membership, or participation, on account of race, color, 1508
religion, sex, sexual orientation, gender identity and expression,1509
military status, familial status, national origin, disability, 1510
or ancestry;1511

       (12) Coerce, intimidate, threaten, or interfere with any1512
person in the exercise or enjoyment of, or on account of that1513
person's having exercised or enjoyed or having aided or encouraged1514
any other person in the exercise or enjoyment of, any right1515
granted or protected by division (H) of this section;1516

       (13) Discourage or attempt to discourage the purchase by a1517
prospective purchaser of housing accommodations, by representing1518
that any block, neighborhood, or other area has undergone or might1519
undergo a change with respect to its religious, racial, sexual, 1520
sexual orientation, gender identity and expression, military 1521
status, familial status, or ethnic composition;1522

       (14) Refuse to sell, transfer, assign, rent, lease, sublease, 1523
or finance, or otherwise deny or withhold, a burial lot from any 1524
person because of the race, color, sex, sexual orientation, gender 1525
identity and expression, military status, familial status, age, 1526
ancestry, disability, or national origin of any prospective owner 1527
or user of the lot;1528

       (15) Discriminate in the sale or rental of, or otherwise make 1529
unavailable or deny, housing accommodations to any buyer or renter 1530
because of a disability of any of the following:1531

       (a) The buyer or renter;1532

       (b) A person residing in or intending to reside in the1533
housing accommodations after they are sold, rented, or made1534
available;1535

       (c) Any individual associated with the person described in1536
division (H)(15)(b) of this section.1537

       (16) Discriminate in the terms, conditions, or privileges of1538
the sale or rental of housing accommodations to any person or in1539
the provision of services or facilities to any person in1540
connection with the housing accommodations because of a disability1541
of any of the following:1542

       (a) That person;1543

       (b) A person residing in or intending to reside in the1544
housing accommodations after they are sold, rented, or made1545
available;1546

       (c) Any individual associated with the person described in1547
division (H)(16)(b) of this section.1548

       (17) Except as otherwise provided in division (H)(17) of this 1549
section, make an inquiry to determine whether an applicant for the 1550
sale or rental of housing accommodations, a person residing in or 1551
intending to reside in the housing accommodations after they are 1552
sold, rented, or made available, or any individual associated with 1553
that person has a disability, or make an inquiry to determine the 1554
nature or severity of a disability of the applicant or such a 1555
person or individual. The following inquiries may be made of all 1556
applicants for the sale or rental of housing accommodations, 1557
regardless of whether they have disabilities:1558

       (a) An inquiry into an applicant's ability to meet the1559
requirements of ownership or tenancy;1560

       (b) An inquiry to determine whether an applicant is qualified 1561
for housing accommodations available only to persons with 1562
disabilities or persons with a particular type of disability;1563

       (c) An inquiry to determine whether an applicant is qualified 1564
for a priority available to persons with disabilities or persons 1565
with a particular type of disability;1566

       (d) An inquiry to determine whether an applicant currently1567
uses a controlled substance in violation of section 2925.11 of the1568
Revised Code or a substantively comparable municipal ordinance;1569

       (e) An inquiry to determine whether an applicant at any time1570
has been convicted of or pleaded guilty to any offense, an element1571
of which is the illegal sale, offer to sell, cultivation,1572
manufacture, other production, shipment, transportation, delivery,1573
or other distribution of a controlled substance.1574

       (18)(a) Refuse to permit, at the expense of a person with a1575
disability, reasonable modifications of existing housing1576
accommodations that are occupied or to be occupied by the person1577
with a disability, if the modifications may be necessary to afford1578
the person with a disability full enjoyment of the housing1579
accommodations. This division does not preclude a landlord of1580
housing accommodations that are rented or to be rented to a1581
disabled tenant from conditioning permission for a proposed1582
modification upon the disabled tenant's doing one or more of the1583
following:1584

       (i) Providing a reasonable description of the proposed1585
modification and reasonable assurances that the proposed1586
modification will be made in a workerlike manner and that any1587
required building permits will be obtained prior to the1588
commencement of the proposed modification;1589

       (ii) Agreeing to restore at the end of the tenancy the1590
interior of the housing accommodations to the condition they were1591
in prior to the proposed modification, but subject to reasonable1592
wear and tear during the period of occupancy, if it is reasonable1593
for the landlord to condition permission for the proposed1594
modification upon the agreement;1595

       (iii) Paying into an interest-bearing escrow account that is1596
in the landlord's name, over a reasonable period of time, a1597
reasonable amount of money not to exceed the projected costs at1598
the end of the tenancy of the restoration of the interior of the1599
housing accommodations to the condition they were in prior to the1600
proposed modification, but subject to reasonable wear and tear1601
during the period of occupancy, if the landlord finds the account1602
reasonably necessary to ensure the availability of funds for the1603
restoration work. The interest earned in connection with an escrow 1604
account described in this division shall accrue to the benefit of 1605
the disabled tenant who makes payments into the account.1606

       (b) A landlord shall not condition permission for a proposed1607
modification upon a disabled tenant's payment of a security1608
deposit that exceeds the customarily required security deposit of1609
all tenants of the particular housing accommodations.1610

       (19) Refuse to make reasonable accommodations in rules,1611
policies, practices, or services when necessary to afford a person1612
with a disability equal opportunity to use and enjoy a dwelling1613
unit, including associated public and common use areas;1614

       (20) Fail to comply with the standards and rules adopted1615
under division (A) of section 3781.111 of the Revised Code;1616

       (21) Discriminate against any person in the selling,1617
brokering, or appraising of real property because of race, color,1618
religion, sex, sexual orientation, gender identity and expression,1619
military status, familial status, ancestry, disability, or 1620
national origin;1621

       (22) Fail to design and construct covered multifamily1622
dwellings for first occupancy on or after June 30, 1992, in1623
accordance with the following conditions:1624

       (a) The dwellings shall have at least one building entrance1625
on an accessible route, unless it is impractical to do so because1626
of the terrain or unusual characteristics of the site.1627

       (b) With respect to dwellings that have a building entrance1628
on an accessible route, all of the following apply:1629

       (i) The public use areas and common use areas of the1630
dwellings shall be readily accessible to and usable by persons1631
with a disability.1632

       (ii) All the doors designed to allow passage into and within1633
all premises shall be sufficiently wide to allow passage by1634
persons with a disability who are in wheelchairs.1635

       (iii) All premises within covered multifamily dwelling units1636
shall contain an accessible route into and through the dwelling;1637
all light switches, electrical outlets, thermostats, and other1638
environmental controls within such units shall be in accessible1639
locations; the bathroom walls within such units shall contain1640
reinforcements to allow later installation of grab bars; and the1641
kitchens and bathrooms within such units shall be designed and1642
constructed in a manner that enables an individual in a wheelchair1643
to maneuver about such rooms.1644

       For purposes of division (H)(22) of this section, "covered1645
multifamily dwellings" means buildings consisting of four or more1646
units if such buildings have one or more elevators and ground1647
floor units in other buildings consisting of four or more units.1648

       (I) For any person to discriminate in any manner against any1649
other person because that person has opposed any unlawful1650
discriminatory practice defined in this section or because that1651
person has made a charge, testified, assisted, or participated in1652
any manner in any investigation, proceeding, or hearing under1653
sections 4112.01 to 4112.07 of the Revised Code.1654

       (J) For any person to aid, abet, incite, compel, or coerce1655
the doing of any act declared by this section to be an unlawful1656
discriminatory practice, to obstruct or prevent any person from1657
complying with this chapter or any order issued under it, or to1658
attempt directly or indirectly to commit any act declared by this1659
section to be an unlawful discriminatory practice.1660

       (K)(1) Nothing in division (H) of this section shall bar any1661
religious or denominational institution or organization, or any1662
nonprofit charitable or educational organization that is operated,1663
supervised, or controlled by or in connection with a religious1664
organization, from limiting the sale, rental, or occupancy of1665
housing accommodations that it owns or operates for other than a1666
commercial purpose to persons of the same religion, or from giving1667
preference in the sale, rental, or occupancy of such housing1668
accommodations to persons of the same religion, unless membership1669
in the religion is restricted on account of race, color, or1670
national origin.1671

       (2) Nothing in division (H) of this section shall bar any1672
bona fide private or fraternal organization that, incidental to1673
its primary purpose, owns or operates lodgings for other than a1674
commercial purpose, from limiting the rental or occupancy of the1675
lodgings to its members or from giving preference to its members.1676

       (3) Nothing in division (H) of this section limits the1677
applicability of any reasonable local, state, or federal1678
restrictions regarding the maximum number of occupants permitted1679
to occupy housing accommodations. Nothing in that division1680
prohibits the owners or managers of housing accommodations from1681
implementing reasonable occupancy standards based on the number1682
and size of sleeping areas or bedrooms and the overall size of a1683
dwelling unit, provided that the standards are not implemented to1684
circumvent the purposes of this chapter and are formulated,1685
implemented, and interpreted in a manner consistent with this1686
chapter and any applicable local, state, or federal restrictions1687
regarding the maximum number of occupants permitted to occupy1688
housing accommodations.1689

       (4) Nothing in division (H) of this section requires that1690
housing accommodations be made available to an individual whose1691
tenancy would constitute a direct threat to the health or safety1692
of other individuals or whose tenancy would result in substantial1693
physical damage to the property of others.1694

       (5) Nothing in division (H) of this section pertaining to1695
discrimination on the basis of familial status shall be construed1696
to apply to any of the following:1697

       (a) Housing accommodations provided under any state or1698
federal program that have been determined under the "Fair Housing1699
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as1700
amended, to be specifically designed and operated to assist1701
elderly persons;1702

       (b) Housing accommodations intended for and solely occupied1703
by persons who are sixty-two years of age or older;1704

       (c) Housing accommodations intended and operated for1705
occupancy by at least one person who is fifty-five years of age or1706
older per unit, as determined under the "Fair Housing Amendments1707
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.1708

       (L) Nothing in divisions (A) to (E) of this section shall be1709
construed to require a person with a disability to be employed or1710
trained under circumstances that would significantly increase the1711
occupational hazards affecting either the person with a1712
disability, other employees, the general public, or the facilities1713
in which the work is to be performed, or to require the employment1714
or training of a person with a disability in a job that requires1715
the person with a disability routinely to undertake any task, the1716
performance of which is substantially and inherently impaired by1717
the person's disability.1718

       (M) Nothing in divisions (H)(1) to (18) of this section shall 1719
be construed to require any person selling or renting property to 1720
modify the property in any way or to exercise a higher degree of 1721
care for a person with a disability, to relieve any person with a 1722
disability of any obligation generally imposed on all persons 1723
regardless of disability in a written lease, rental agreement, or 1724
contract of purchase or sale, or to forbid distinctions based on 1725
the inability to fulfill the terms and conditions, including 1726
financial obligations, of the lease, agreement, or contract.1727

       (N) An aggrieved individual may enforce the individual's1728
rights relative to discrimination on the basis of age as provided1729
for in this section by instituting a civil action, within one1730
hundred eighty days after the alleged unlawful discriminatory1731
practice occurred, in any court with jurisdiction for any legal or1732
equitable relief that will effectuate the individual's rights.1733

       A person who files a civil action under this division is1734
barred, with respect to the practices complained of, from1735
instituting a civil action under section 4112.14 of the Revised1736
Code and from filing a charge with the commission under section1737
4112.05 of the Revised Code.1738

       (O) With regard to age, it shall not be an unlawful1739
discriminatory practice and it shall not constitute a violation of1740
division (A) of section 4112.14 of the Revised Code for any1741
employer, employment agency, joint labor-management committee1742
controlling apprenticeship training programs, or labor1743
organization to do any of the following:1744

       (1) Establish bona fide employment qualifications reasonably1745
related to the particular business or occupation that may include1746
standards for skill, aptitude, physical capability, intelligence,1747
education, maturation, and experience;1748

       (2) Observe the terms of a bona fide seniority system or any1749
bona fide employee benefit plan, including, but not limited to, a1750
retirement, pension, or insurance plan, that is not a subterfuge1751
to evade the purposes of this section. However, no such employee1752
benefit plan shall excuse the failure to hire any individual, and1753
no such seniority system or employee benefit plan shall require or1754
permit the involuntary retirement of any individual, because of1755
the individual's age except as provided for in the "Age1756
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,1757
29 U.S.C.A. 623, as amended by the "Age Discrimination in1758
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.1759
623, as amended.1760

       (3) Retire an employee who has attained sixty-five years of1761
age who, for the two-year period immediately before retirement, is1762
employed in a bona fide executive or a high policymaking position,1763
if the employee is entitled to an immediate nonforfeitable annual1764
retirement benefit from a pension, profit-sharing, savings, or1765
deferred compensation plan, or any combination of those plans, of1766
the employer of the employee, which equals, in the aggregate, at1767
least forty-four thousand dollars, in accordance with the1768
conditions of the "Age Discrimination in Employment Act Amendment1769
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age1770
Discrimination in Employment Act Amendments of 1986," 100 Stat.1771
3342, 29 U.S.C.A. 631, as amended;1772

       (4) Observe the terms of any bona fide apprenticeship program 1773
if the program is registered with the Ohio apprenticeship council 1774
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is 1775
approved by the federal committee on apprenticeship of the United 1776
States department of labor.1777

       (P) Nothing in this chapter prohibiting age discrimination1778
and nothing in division (A) of section 4112.14 of the Revised Code1779
shall be construed to prohibit the following:1780

       (1) The designation of uniform age the attainment of which is 1781
necessary for public employees to receive pension or other1782
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,1783
or 5505. of the Revised Code;1784

       (2) The mandatory retirement of uniformed patrol officers of1785
the state highway patrol as provided in section 5505.16 of the1786
Revised Code;1787

       (3) The maximum age requirements for appointment as a patrol1788
officer in the state highway patrol established by section 5503.011789
of the Revised Code;1790

       (4) The maximum age requirements established for original1791
appointment to a police department or fire department in sections1792
124.41 and 124.42 of the Revised Code;1793

       (5) Any maximum age not in conflict with federal law that may 1794
be established by a municipal charter, municipal ordinance, or1795
resolution of a board of township trustees for original1796
appointment as a police officer or firefighter;1797

       (6) Any mandatory retirement provision not in conflict with1798
federal law of a municipal charter, municipal ordinance, or1799
resolution of a board of township trustees pertaining to police1800
officers and firefighters;1801

       (7) Until January 1, 1994, the mandatory retirement of any1802
employee who has attained seventy years of age and who is serving1803
under a contract of unlimited tenure, or similar arrangement1804
providing for unlimited tenure, at an institution of higher1805
education as defined in the "Education Amendments of 1980," 941806
Stat. 1503, 20 U.S.C.A. 1141(a).1807

       (Q)(1)(a) Except as provided in division (Q)(1)(b) of this1808
section, for purposes of divisions (A) to (E) of this section, a1809
disability does not include any physiological disorder or1810
condition, mental or psychological disorder, or disease or1811
condition caused by an illegal use of any controlled substance by1812
an employee, applicant, or other person, if an employer,1813
employment agency, personnel placement service, labor1814
organization, or joint labor-management committee acts on the1815
basis of that illegal use.1816

       (b) Division (Q)(1)(a) of this section does not apply to an1817
employee, applicant, or other person who satisfies any of the1818
following:1819

       (i) The employee, applicant, or other person has successfully 1820
completed a supervised drug rehabilitation program and no longer 1821
is engaging in the illegal use of any controlled substance, or the 1822
employee, applicant, or other person otherwise successfully has1823
been rehabilitated and no longer is engaging in that illegal use.1824

       (ii) The employee, applicant, or other person is1825
participating in a supervised drug rehabilitation program and no1826
longer is engaging in the illegal use of any controlled substance.1827

       (iii) The employee, applicant, or other person is erroneously 1828
regarded as engaging in the illegal use of any controlled 1829
substance, but the employee, applicant, or other person is not 1830
engaging in that illegal use.1831

       (2) Divisions (A) to (E) of this section do not prohibit an1832
employer, employment agency, personnel placement service, labor1833
organization, or joint labor-management committee from doing any1834
of the following:1835

       (a) Adopting or administering reasonable policies or1836
procedures, including, but not limited to, testing for the illegal1837
use of any controlled substance, that are designed to ensure that1838
an individual described in division (Q)(1)(b)(i) or (ii) of this1839
section no longer is engaging in the illegal use of any controlled1840
substance;1841

       (b) Prohibiting the illegal use of controlled substances and1842
the use of alcohol at the workplace by all employees;1843

       (c) Requiring that employees not be under the influence of1844
alcohol or not be engaged in the illegal use of any controlled1845
substance at the workplace;1846

       (d) Requiring that employees behave in conformance with the1847
requirements established under "The Drug-Free Workplace Act of1848
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;1849

       (e) Holding an employee who engages in the illegal use of any 1850
controlled substance or who is an alcoholic to the same1851
qualification standards for employment or job performance, and the1852
same behavior, to which the employer, employment agency, personnel1853
placement service, labor organization, or joint labor-management1854
committee holds other employees, even if any unsatisfactory1855
performance or behavior is related to an employee's illegal use of1856
a controlled substance or alcoholism;1857

       (f) Exercising other authority recognized in the "Americans1858
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,1859
as amended, including, but not limited to, requiring employees to1860
comply with any applicable federal standards.1861

       (3) For purposes of this chapter, a test to determine the1862
illegal use of any controlled substance does not include a medical1863
examination.1864

       (4) Division (Q) of this section does not encourage,1865
prohibit, or authorize, and shall not be construed as encouraging,1866
prohibiting, or authorizing, the conduct of testing for the1867
illegal use of any controlled substance by employees, applicants,1868
or other persons, or the making of employment decisions based on1869
the results of that type of testing.1870

       (R)(1) Nothing in this section shall prohibit any religious 1871
association, corporation, or society that is not organized for 1872
private profit, or any institution organized for educational 1873
purposes that is operated, supervised, or controlled by such a 1874
religious association, corporation, or society, from doing either 1875
of the following:1876

       (a) Limiting admission to or giving preference to persons of 1877
the same religion or denomination;1878

       (b) In matters related to sexual orientation or gender 1879
identity and expression, taking any action with respect to 1880
education, employment, housing and real property, or use of 1881
facilities.1882

       (2) Division (R)(1) of this section shall not apply to 1883
secular business activities in which the religious association, 1884
corporation, or society engages if the conduct of those activities 1885
is unrelated to the religious and educational purposes for which 1886
the association, corporation, or society is organized.1887

       Sec. 4112.021.  (A) As used in this section:1888

       (1) "Credit" means the right granted by a creditor to a1889
person to defer payment of a debt, to incur debt and defer its1890
payment, or to purchase property or services and defer payment for 1891
the property or services.1892

       (2) "Creditor" means any person who regularly extends,1893
renews, or continues credit, any person who regularly arranges for 1894
the extension, renewal, or continuation of credit, or any assignee 1895
of an original creditor who participates in the decision to 1896
extend, renew, or continue credit, whether or not any interest or 1897
finance charge is required.1898

       (3) "Credit reporting agency" means any person who, for1899
monetary fees or dues or on a cooperative nonprofit basis,1900
regularly assembles or evaluates credit information for the1901
purpose of furnishing credit reports to creditors.1902

       (4) "Age" means any age of eighteen years or older.1903

       (B) It shall be an unlawful discriminatory practice:1904

       (1) For any creditor to do any of the following:1905

       (a) Discriminate against any applicant for credit in the1906
granting, withholding, extending, or renewing of credit, or in the 1907
fixing of the rates, terms, or conditions of any form of credit, 1908
on the basis of race, color, religion, age, sex, sexual 1909
orientation, gender identity and expression, military status, 1910
marital status, national origin, disability, or ancestry, except 1911
that this division shall not apply with respect to age in any 1912
real estate transaction between a financial institution, a 1913
dealer in intangibles, or an insurance company as defined in 1914
section 5725.01 of the Revised Code and its customers;1915

       (b) Use or make any inquiry as to race, color, religion, age, 1916
sex, sexual orientation, gender identity and expression, military 1917
status, marital status, national origin, disability, or ancestry1918
for the purpose of limiting or specifying those persons to whom1919
credit will be granted, except that an inquiry of marital status1920
does not constitute discrimination for the purposes of this1921
section if the inquiry is made for the purpose of ascertaining1922
the creditor's rights and remedies applicable to the particular1923
extension of credit, and except that creditors are excepted from1924
this division with respect to any inquiry, elicitation of1925
information, record, or form of application required of a1926
particular creditor by any instrumentality or agency of the 1927
United States, or required of a particular creditor by any 1928
agency or instrumentality to enforce the "Civil Rights Act of 1929
1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);1930

       (c) Refuse to consider the sources of income of an applicant 1931
for credit, or disregard or ignore the income of an applicant, in 1932
whole or in part, on the basis of race, color, religion, age, sex, 1933
sexual orientation, gender identity and expression, military 1934
status, marital status, disability, national origin, or ancestry;1935

       (d) Refuse to grant credit to an individual in any name that 1936
individual customarily uses, if it has been determined in the 1937
normal course of business that the creditor will grant credit to 1938
the individual;1939

       (e) Impose any special requirements or conditions, including, 1940
but not limited to, a requirement for co-obligors or1941
reapplication, upon any applicant or class of applicants on the1942
basis of race, color, religion, age, sex, sexual orientation, 1943
gender identity and expression, military status, marital status,1944
national origin, disability, or ancestry in circumstances where1945
similar requirements or conditions are not imposed on other1946
applicants similarly situated, unless the special requirements or1947
conditions that are imposed with respect to age are the result of1948
a real estate transaction exempted under division (B)(1)(a) of1949
this section or are the result of programs that grant preferences1950
to certain age groups administered by instrumentalities or1951
agencies of the United States, a state, or a political1952
subdivision of a state;1953

       (f) Fail or refuse to provide an applicant for credit a1954
written statement of the specific reasons for rejection of the1955
application if requested in writing by the applicant within sixty1956
days of the rejection. The creditor shall provide the written1957
statement of the specific reason for rejection within thirty days1958
after receipt of a request of that nature. For purposes of this 1959
section, a statement that the applicant was rejected solely on the 1960
basis of information received from a credit reporting agency or 1961
because the applicant failed to meet the standards required by the1962
creditor's credit scoring system, uniformly applied, shall1963
constitute a specific reason for rejection.1964

       (g) Fail or refuse to print on or firmly attach to each 1965
application for credit, in a type size no smaller than that used 1966
throughout most of the application form, the following notice: 1967
"The Ohio laws against discrimination require that all creditors 1968
make credit equally available to all credit worthy customers, and 1969
that credit reporting agencies maintain separate credit histories 1970
on each individual upon request. The Ohio civil rights commission 1971
administers compliance with this law." This notice is not required 1972
to be included in applications that have a multi-state 1973
distribution if the notice is mailed to the applicant with the 1974
notice of acceptance or rejection of the application.1975

       (h) Fail or refuse on the basis of race, color, religion,1976
age, sex, sexual orientation, gender identity and expression,1977
military status, marital status, national origin, disability, or 1978
ancestry to maintain, upon the request of the individual, a 1979
separate account for each individual to whom credit is extended;1980

       (i) Fail or refuse on the basis of race, color, religion,1981
age, sex, sexual orientation, gender identity and expression,1982
military status, marital status, national origin, disability, or 1983
ancestry to maintain records on any account established after 1984
November 1, 1976, to furnish information on the accounts to 1985
credit reporting agencies in a manner that clearly designates 1986
the contractual liability for repayment as indicated on the1987
application for the account, and, if more than one individual is1988
contractually liable for repayment, to maintain records and1989
furnish information in the name of each individual. This division 1990
does not apply to individuals who are contractually liable only 1991
if the primary party defaults on the account.1992

       (2) For any credit reporting agency to do any of the 1993
following:1994

       (a) Fail or refuse on the basis of race, color, religion,1995
age, sex, sexual orientation, gender identity and expression,1996
military status, marital status, national origin, disability, or 1997
ancestry to maintain, upon the request of the individual, a 1998
separate file on each individual about whom information is 1999
assembled or evaluated;2000

       (b) Fail or refuse on the basis of race, color, religion,2001
age, sex, sexual orientation, gender identity and expression,2002
military status, marital status, national origin, disability, or 2003
ancestry to clearly note, maintain, and report any information 2004
furnished it under division (B)(1)(i) of this section.2005

       (C) This section does not prohibit a creditor from requesting 2006
the signature of both spouses to create a valid lien, pass clear 2007
title, or waive inchoate rights to property.2008

       (D) The rights granted by this section may be enforced by2009
aggrieved individuals by filing a civil action in a court of2010
common pleas within one hundred eighty days after the alleged2011
unlawful discriminatory practice occurred. Upon application by the 2012
plaintiff and in circumstances that the court considers just, the2013
court in which a civil action under this section is brought may 2014
appoint an attorney for the plaintiff and may authorize the 2015
commencement of a civil action upon proper showing without the 2016
payment of costs. If the court finds that an unlawful 2017
discriminatory practice prohibited by this section occurred or is 2018
about to occur, the court may grant relief that it considers 2019
appropriate, including a permanent or temporary injunction, 2020
temporary restraining order, or other order, and may award to the 2021
plaintiff compensatory and punitive damages of not less than one 2022
hundred dollars, together with attorney's fees and court costs.2023

       (E) Nothing contained in this section shall bar a creditor2024
from reviewing an application for credit on the basis of2025
established criteria used in the normal course of business for the 2026
determination of the credit worthiness of the individual applicant 2027
for credit, including the credit history of the applicant.2028

       Sec. 4112.04.  (A) The commission shall do all of the2029
following:2030

       (1) Establish and maintain a principal office in the city of 2031
Columbus and any other offices within the state that it considers 2032
necessary;2033

       (2) Appoint an executive director who shall serve at the2034
pleasure of the commission and be its principal administrative2035
officer. The executive director shall be paid a salary fixed2036
pursuant to Chapter 124. of the Revised Code.2037

       (3) Appoint hearing examiners and other employees and agents 2038
who it considers necessary and prescribe their duties subject to 2039
Chapter 124. of the Revised Code;2040

       (4) Adopt, promulgate, amend, and rescind rules to effectuate 2041
the provisions of this chapter and the policies and practice of 2042
the commission in connection with this chapter;2043

       (5) Formulate policies to effectuate the purposes of this2044
chapter and make recommendations to agencies and officers of the2045
state or political subdivisions to effectuate the policies;2046

       (6) Receive, investigate, and pass upon written charges made 2047
under oath of unlawful discriminatory practices;2048

       (7) Make periodic surveys of the existence and effect of2049
discrimination because of race, color, religion, sex, sexual 2050
orientation, gender identity and expression, military status, 2051
familial status, national origin, disability, age, or ancestry2052
on the enjoyment of civil rights by persons within the state;2053

       (8) Report, from time to time, but not less than once a year, 2054
to the general assembly and the governor, describing in detail the 2055
investigations, proceedings, and hearings it has conducted and 2056
their outcome, the decisions it has rendered, and the other work 2057
performed by it, which report shall include a copy of any surveys 2058
prepared pursuant to division (A)(7) of this section and shall 2059
include the recommendations of the commission as to legislative or 2060
other remedial action;2061

       (9) Prepare a comprehensive educational program, in2062
cooperation with the department of education, for the students of2063
the public schools of this state and for all other residents of2064
this state that is designed to eliminate prejudice on the basis of 2065
race, color, religion, sex, sexual orientation, gender identity 2066
and expression, military status, familial status, national 2067
origin, disability, age, or ancestry in this state, to further2068
good will among those groups, and to emphasize the origin of 2069
prejudice against those groups, its harmful effects, and its2070
incompatibility with American principles of equality and fair2071
play;2072

       (10) Receive progress reports from agencies,2073
instrumentalities, institutions, boards, commissions, and other2074
entities of this state or any of its political subdivisions and2075
their agencies, instrumentalities, institutions, boards,2076
commissions, and other entities regarding affirmative action2077
programs for the employment of persons against whom discrimination 2078
is prohibited by this chapter, or regarding any affirmative 2079
housing accommodations programs developed to eliminate or reduce 2080
an imbalance of race, color, religion, sex, sexual orientation, 2081
gender identity and expression, military status, familial status, 2082
national origin, disability, or ancestry. All agencies, 2083
instrumentalities, institutions, boards, commissions, and other 2084
entities of this state or its political subdivisions, and all 2085
political subdivisions, that have undertaken affirmative action 2086
programs pursuant to a conciliation agreement with the2087
commission, an executive order of the governor, any federal2088
statute or rule, or an executive order of the president of the2089
United States shall file progress reports with the commission2090
annually on or before the first day of November. The commission2091
shall analyze and evaluate the progress reports and report its2092
findings annually to the general assembly on or before the2093
thirtieth day of January of the year immediately following the2094
receipt of the reports.2095

       (B) The commission may do any of the following:2096

       (1) Meet and function at any place within the state;2097

       (2) Initiate and undertake on its own motion investigations 2098
of problems of employment or housing accommodations 2099
discrimination;2100

       (3) Hold hearings, subpoena witnesses, compel their2101
attendance, administer oaths, take the testimony of any person2102
under oath, require the production for examination of any books2103
and papers relating to any matter under investigation or in2104
question before the commission, and make rules as to the issuance2105
of subpoenas by individual commissioners.2106

       (a) In conducting a hearing or investigation, the commission 2107
shall have access at all reasonable times to premises, records, 2108
documents, individuals, and other evidence or possible sources of 2109
evidence and may examine, record, and copy the premises, records, 2110
documents, and other evidence or possible sources of evidence and 2111
take and record the testimony or statements of the individuals as 2112
reasonably necessary for the furtherance of the hearing or 2113
investigation. In investigations, the commission shall comply with 2114
the fourth amendment to the United States Constitution relating to 2115
unreasonable searches and seizures. The commission or a member of 2116
the commission may issue subpoenas to compel access to or the 2117
production of premises, records, documents, and other evidence or 2118
possible sources of evidence or the appearance of individuals, and 2119
may issue interrogatories to a respondent, to the same extent and 2120
subject to the same limitations as would apply if the subpoenas or2121
interrogatories were issued or served in aid of a civil action in2122
a court of common pleas.2123

       (b) Upon written application by a respondent, the commission 2124
shall issue subpoenas in its name to the same extent and subject 2125
to the same limitations as subpoenas issued by the commission. 2126
Subpoenas issued at the request of a respondent shall show on 2127
their face the name and address of the respondent and shall state 2128
that they were issued at the respondent's request.2129

       (c) Witnesses summoned by subpoena of the commission are2130
entitled to the witness and mileage fees provided for under 2131
section 119.094 of the Revised Code.2132

       (d) Within five days after service of a subpoena upon any2133
person, the person may petition the commission to revoke or modify 2134
the subpoena. The commission shall grant the petition if it finds 2135
that the subpoena requires an appearance or attendance at an 2136
unreasonable time or place, that it requires production of2137
evidence that does not relate to any matter before the commission, 2138
that it does not describe with sufficient particularity the 2139
evidence to be produced, that compliance would be unduly onerous, 2140
or for other good reason.2141

       (e) In case of contumacy or refusal to obey a subpoena, the 2142
commission or person at whose request it was issued may petition 2143
for its enforcement in the court of common pleas in the county in 2144
which the person to whom the subpoena was addressed resides, was 2145
served, or transacts business.2146

       (4) Create local or statewide advisory agencies and2147
conciliation councils to aid in effectuating the purposes of this2148
chapter. The commission may itself, or it may empower these2149
agencies and councils to, do either or both of the following:2150

       (a) Study the problems of discrimination in all or specific 2151
fields of human relationships when based on race, color, religion, 2152
sex, sexual orientation, gender identity and expression, military 2153
status, familial status, national origin, disability, age, or 2154
ancestry;2155

       (b) Foster through community effort, or otherwise, good will 2156
among the groups and elements of the population of the state.2157

       The agencies and councils may make recommendations to the2158
commission for the development of policies and procedures in2159
general. They shall be composed of representative citizens who2160
shall serve without pay, except that reimbursement for actual and2161
necessary traveling expenses shall be made to citizens who serve2162
on a statewide agency or council.2163

       (5) Issue any publications and the results of investigations 2164
and research that in its judgment will tend to promote good will 2165
and minimize or eliminate discrimination because of race, color, 2166
religion, sex, sexual orientation, gender identity and expression,2167
military status, familial status, national origin, disability, 2168
age, or ancestry.2169

       Sec. 4112.05.  (A) The commission, as provided in this2170
section, shall prevent any person from engaging in unlawful2171
discriminatory practices, provided that, before instituting the2172
formal hearing authorized by division (B) of this section, it2173
shall attempt, by informal methods of conference, conciliation,2174
and persuasion, to induce compliance with this chapter.2175

       (B)(1) Any person may file a charge with the commission2176
alleging that another person has engaged or is engaging in an2177
unlawful discriminatory practice. In the case of a charge alleging 2178
an unlawful discriminatory practice described in division (A), 2179
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in 2180
section 4112.021 or 4112.022 of the Revised Code, the charge shall 2181
be in writing and under oath and shall be filed with the 2182
commission within six months after the alleged unlawful 2183
discriminatory practice was committed. In the case of a charge 2184
alleging an unlawful discriminatory practice described in division 2185
(H) of section 4112.02 of the Revised Code, the charge shall be in 2186
writing and under oath and shall be filed with the commission 2187
within one year after the alleged unlawful discriminatory practice 2188
was committed.2189

       (2) Upon receiving a charge, the commission may initiate a2190
preliminary investigation to determine whether it is probable that 2191
an unlawful discriminatory practice has been or is being engaged 2192
in. The commission also may conduct, upon its own initiative and 2193
independent of the filing of any charges, a preliminary 2194
investigation relating to any of the unlawful discriminatory 2195
practices described in division (A), (B), (C), (D), (E), (F), (I), 2196
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of 2197
the Revised Code. Prior to a notification of a complainant under 2198
division (B)(4) of this section or prior to the commencement of 2199
informal methods of conference, conciliation, and persuasion under 2200
that division, the members of the commission and the officers and 2201
employees of the commission shall not make public in any manner 2202
and shall retain as confidential all information that was obtained 2203
as a result of or that otherwise pertains to a preliminary 2204
investigation other than one described in division (B)(3) of this 2205
section.2206

       (3)(a) Unless it is impracticable to do so and subject to its 2207
authority under division (B)(3)(d) of this section, the commission 2208
shall complete a preliminary investigation of a charge filed 2209
pursuant to division (B)(1) of this section that alleges an2210
unlawful discriminatory practice described in division (H) of2211
section 4112.02 of the Revised Code, and shall take one of the2212
following actions, within one hundred days after the filing of the 2213
charge:2214

       (i) Notify the complainant and the respondent that it is not 2215
probable that an unlawful discriminatory practice described in 2216
division (H) of section 4112.02 of the Revised Code has been or is 2217
being engaged in and that the commission will not issue a2218
complaint in the matter;2219

       (ii) Initiate a complaint and schedule it for informal2220
methods of conference, conciliation, and persuasion;2221

       (iii) Initiate a complaint and refer it to the attorney2222
general with a recommendation to seek a temporary or permanent2223
injunction or a temporary restraining order. If this action is2224
taken, the attorney general shall apply, as expeditiously as2225
possible after receipt of the complaint, to the court of common2226
pleas of the county in which the unlawful discriminatory practice2227
allegedly occurred for the appropriate injunction or order, and2228
the court shall hear and determine the application as2229
expeditiously as possible.2230

       (b) If it is not practicable to comply with the requirements 2231
of division (B)(3)(a) of this section within the one-hundred-day 2232
period described in that division, the commission shall notify the 2233
complainant and the respondent in writing of the reasons for the 2234
noncompliance.2235

       (c) Prior to the issuance of a complaint under division2236
(B)(3)(a)(ii) or (iii) of this section or prior to a notification2237
of the complainant and the respondent under division (B)(3)(a)(i)2238
of this section, the members of the commission and the officers2239
and employees of the commission shall not make public in any2240
manner and shall retain as confidential all information that was2241
obtained as a result of or that otherwise pertains to a2242
preliminary investigation of a charge filed pursuant to division2243
(B)(1) of this section that alleges an unlawful discriminatory2244
practice described in division (H) of section 4112.05 of the2245
Revised Code.2246

       (d) Notwithstanding the types of action described in2247
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the2248
issuance of a complaint or the referral of a complaint to the2249
attorney general and prior to endeavoring to eliminate an unlawful 2250
discriminatory practice described in division (H) of section 2251
4112.02 of the Revised Code by informal methods of conference, 2252
conciliation, and persuasion, the commission may seek a temporary 2253
or permanent injunction or a temporary restraining order in the 2254
court of common pleas of the county in which the unlawful 2255
discriminatory practice allegedly occurred.2256

       (4) If the commission determines after a preliminary2257
investigation other than one described in division (B)(3) of this2258
section that it is not probable that an unlawful discriminatory2259
practice has been or is being engaged in, it shall notify any2260
complainant under division (B)(1) of this section that it has so2261
determined and that it will not issue a complaint in the matter.2262
If the commission determines after a preliminary investigation2263
other than the one described in division (B)(3) of this section2264
that it is probable that an unlawful discriminatory practice has2265
been or is being engaged in, it shall endeavor to eliminate the2266
practice by informal methods of conference, conciliation, and2267
persuasion.2268

       (5) Nothing said or done during informal methods of2269
conference, conciliation, and persuasion under this section shall2270
be disclosed by any member of the commission or its staff or be2271
used as evidence in any subsequent hearing or other proceeding.2272
If, after a preliminary investigation and the use of informal2273
methods of conference, conciliation, and persuasion under this2274
section, the commission is satisfied that any unlawful2275
discriminatory practice will be eliminated, it may treat the2276
charge involved as being conciliated and enter that disposition on 2277
the records of the commission. If the commission fails to effect 2278
the elimination of an unlawful discriminatory practice by informal 2279
methods of conference, conciliation, and persuasion under this 2280
section and to obtain voluntary compliance with this chapter, the 2281
commission shall issue and cause to be served upon any person, 2282
including the respondent against whom a complainant has filed a 2283
charge pursuant to division (B)(1) of this section, a complaint 2284
stating the charges involved and containing a notice of an 2285
opportunity for a hearing before the commission, a member of the 2286
commission, or a hearing examiner at a place that is stated in the 2287
notice and that is located within the county in which the alleged 2288
unlawful discriminatory practice has occurred or is occurring or 2289
in which the respondent resides or transacts business. The hearing 2290
shall be held not less than thirty days after the service of the 2291
complaint upon the complainant, the aggrieved persons other than 2292
the complainant on whose behalf the complaint is issued, and the 2293
respondent, unless the complainant, an aggrieved person, or the 2294
respondent elects to proceed under division (A)(2) of section 2295
4112.051 of the Revised Code when that division is applicable. If 2296
a complaint pertains to an alleged unlawful discriminatory 2297
practice described in division (H) of section 4112.02 of the 2298
Revised Code, the complaint shall notify the complainant, an 2299
aggrieved person, and the respondent of the right of the 2300
complainant, an aggrieved person, or the respondent to elect to 2301
proceed with the administrative hearing process under this section 2302
or to proceed under division (A)(2) of section 4112.051 of the 2303
Revised Code.2304

       (6) The attorney general shall represent the commission at2305
any hearing held pursuant to division (B)(5) of this section and2306
shall present the evidence in support of the complaint.2307

       (7) Any complaint issued pursuant to division (B)(5) of this 2308
section after the filing of a charge under division (B)(1) of this 2309
section shall be so issued within one year after the complainant 2310
filed the charge with respect to an alleged unlawful2311
discriminatory practice.2312

       (C) Any complaint issued pursuant to division (B) of this2313
section may be amended by the commission, a member of the2314
commission, or the hearing examiner conducting a hearing under2315
division (B) of this section, at any time prior to or during the2316
hearing. The respondent has the right to file an answer or an2317
amended answer to the original and amended complaints and to2318
appear at the hearing in person, by attorney, or otherwise to2319
examine and cross-examine witnesses.2320

       (D) The complainant shall be a party to a hearing under2321
division (B) of this section, and any person who is an2322
indispensable party to a complete determination or settlement of a 2323
question involved in the hearing shall be joined. Any person who 2324
has or claims an interest in the subject of the hearing and in 2325
obtaining or preventing relief against the unlawful discriminatory 2326
practices complained of may be permitted, in the discretion of the 2327
person or persons conducting the hearing, to appear for the 2328
presentation of oral or written arguments.2329

       (E) In any hearing under division (B) of this section, the2330
commission, a member of the commission, or the hearing examiner2331
shall not be bound by the Rules of Evidence but, in ascertaining2332
the practices followed by the respondent, shall take into account2333
all reliable, probative, and substantial statistical or other2334
evidence produced at the hearing that may tend to prove the2335
existence of a predetermined pattern of employment or membership,2336
provided that nothing contained in this section shall be construed 2337
to authorize or require any person to observe the proportion that 2338
persons of any race, color, religion, sex, sexual orientation, 2339
gender identity and expression, military status, familial status, 2340
national origin, disability, age, or ancestry bear to the total 2341
population or in accordance with any criterion other than the 2342
individual qualifications of the applicant.2343

       (F) The testimony taken at a hearing under division (B) of2344
this section shall be under oath and shall be reduced to writing2345
and filed with the commission. Thereafter, in its discretion, the 2346
commission, upon the service of a notice upon the complainant and 2347
the respondent that indicates an opportunity to be present, may 2348
take further testimony or hear argument.2349

       (G)(1) If, upon all reliable, probative, and substantial2350
evidence presented at a hearing under division (B) of this2351
section, the commission determines that the respondent has engaged 2352
in, or is engaging in, any unlawful discriminatory practice, 2353
whether against the complainant or others, the commission shall 2354
state its findings of fact and conclusions of law and shall issue 2355
and, subject to the provisions of Chapter 119. of the Revised 2356
Code, cause to be served on the respondent an order requiring the 2357
respondent to cease and desist from the unlawful discriminatory 2358
practice, requiring the respondent to take any further affirmative 2359
or other action that will effectuate the purposes of this chapter, 2360
including, but not limited to, hiring, reinstatement, or upgrading 2361
of employees with or without back pay, or admission or restoration 2362
to union membership, and requiring the respondent to report to the 2363
commission the manner of compliance. If the commission directs 2364
payment of back pay, it shall make allowance for interim earnings. 2365
If it finds a violation of division (H) of section 4112.02 of the 2366
Revised Code, the commission additionally shall require the 2367
respondent to pay actual damages and reasonable attorney's fees, 2368
and may award to the complainant punitive damages as follows:2369

       (a) If division (G)(1)(b) or (c) of this section does not2370
apply, punitive damages in an amount not to exceed ten thousand2371
dollars;2372

       (b) If division (G)(1)(c) of this section does not apply and 2373
if the respondent has been determined by a final order of the2374
commission or by a final judgment of a court to have committed one 2375
violation of division (H) of section 4112.02 of the Revised Code 2376
during the five-year period immediately preceding the date on 2377
which a complaint was issued pursuant to division (B) of this2378
section, punitive damages in an amount not to exceed twenty-five2379
thousand dollars;2380

       (c) If the respondent has been determined by a final order of 2381
the commission or by a final judgment of a court to have committed 2382
two or more violations of division (H) of section 4112.02 of the 2383
Revised Code during the seven-year period immediately preceding 2384
the date on which a complaint was issued pursuant to division (B) 2385
of this section, punitive damages in an amount not to exceed fifty 2386
thousand dollars.2387

       (2) Upon the submission of reports of compliance, the2388
commission may issue a declaratory order stating that the2389
respondent has ceased to engage in particular unlawful2390
discriminatory practices.2391

       (H) If the commission finds that no probable cause exists for 2392
crediting charges of unlawful discriminatory practices or if, upon 2393
all the evidence presented at a hearing under division (B) of this 2394
section on a charge, the commission finds that a respondent has 2395
not engaged in any unlawful discriminatory practice against the 2396
complainant or others, it shall state its findings of fact and 2397
shall issue and cause to be served on the complainant an order 2398
dismissing the complaint as to the respondent. A copy of the order 2399
shall be delivered in all cases to the attorney general and any 2400
other public officers whom the commission considers proper.2401

       (I) Until the time period for appeal set forth in division2402
(H) of section 4112.06 of the Revised Code expires, the2403
commission, subject to the provisions of Chapter 119. of the2404
Revised Code, at any time, upon reasonable notice, and in the2405
manner it considers proper, may modify or set aside, in whole or2406
in part, any finding or order made by it under this section.2407

       Sec. 4112.08.  This chapter shall be construed liberally for 2408
the accomplishment of its purposes, and any law inconsistent with 2409
any provision of this chapter shall not apply. Nothing contained 2410
in this chapter shall be considered to repeal any of the 2411
provisions of any law of this state relating to discrimination 2412
because of race, color, religion, sex, sexual orientation, gender 2413
identity and expression, military status, familial status, 2414
disability, national origin, age, or ancestry, except that any 2415
person filing a charge under division (B)(1) of section 4112.05 2416
of the Revised Code, with respect to the unlawful discriminatory 2417
practices complained of, is barred from instituting a civil 2418
action under section 4112.14 or division (N) of section 4112.02 2419
of the Revised Code.2420

       Sec. 4117.19.  (A) Every employee organization that is2421
certified or recognized as a representative of public employees2422
under this chapter shall file with the state employment relations 2423
board a registration report that is signed by its president or 2424
other appropriate officer. The report shall be in a form 2425
prescribed by the board and accompanied by two copies of the2426
employee organization's constitution and bylaws. The board shall2427
accept a filing by a statewide, national, or international2428
employee organization of its constitution and bylaws in lieu of a2429
filing of the documents by each subordinate organization. The 2430
exclusive representative or other employee organization2431
originally filing its constitution and bylaws shall report,2432
promptly, to the board all changes or amendments to its2433
constitution and bylaws.2434

       (B) Every employee organization shall file with the board an 2435
annual report. The report shall be in a form prescribed by the 2436
board and shall contain the following information:2437

       (1) The names and addresses of the organization, any parent 2438
organization or organizations with which it is affiliated, and all 2439
organizationwide officers;2440

       (2) The name and address of its local agent for service of2441
process;2442

       (3) A general description of the public employees the2443
organization represents or seeks to represent;2444

       (4) The amounts of the initiation fee and monthly dues2445
members must pay;2446

       (5) A pledge, in a form prescribed by the board, that the2447
organization will comply with the laws of the state and that it2448
will accept members without regard to age, race, color, sex,2449
creed, religion, ancestry, or national origin,; disability, sexual 2450
orientation, gender identity and expression, or military status,2451
as those terms are defined in section 4112.01 of the Revised 2452
Code, military status as defined in that section,; or physical2453
disability as provided by law:;2454

       (6) A financial report.2455

       (C) The constitution or bylaws of every employee organization 2456
shall do all of the following:2457

       (1) Require that the organization keep accurate accounts of 2458
all income and expenses, prepare an annual financial report, keep 2459
open for inspection by any member of the organization its2460
accounts, and make loans to officers and agents only on terms and2461
conditions available to all members;2462

       (2) Prohibit business or financial interests of its officers 2463
and agents, their spouses, minor children, parents, or otherwise, 2464
in conflict with the fiduciary obligation of such persons to the 2465
organization;2466

       (3) When specifically requested by the board, require every 2467
official who is designated as a fiscal officer of an employee 2468
organization and who is responsible for funds or other property of 2469
the organization or trust in which an organization is interested, 2470
or a subsidiary organization be bonded with the amount, scope, and 2471
form of the bond determined by the board;2472

       (4) Require periodic elections of officers by secret ballot 2473
subject to recognized safeguards concerning the equal right of all 2474
members to nominate, seek office, and vote in the elections, the 2475
right of individual members to participate in the affairs of the 2476
organization, and fair and equitable procedures in disciplinary 2477
actions.2478

       (D) The board shall prescribe rules necessary to govern the 2479
establishment and reporting of trusteeships over employee2480
organizations. The establishment of trusteeships is permissible2481
only if the constitution or bylaws of the organization set forth2482
reasonable procedures.2483

       (E) The board may withhold certification of an employee2484
organization that willfully refuses to register or file an annual2485
report or that willfully refuses to comply with other provisions2486
of this section. The board may revoke a certification of an2487
employee organization for willfully failing to comply with this2488
section. The board may enforce the prohibitions contained in this 2489
section by petitioning the court of common pleas of the county in 2490
which the violation occurs for an injunction. Persons complaining 2491
of a violation of this section shall file the complaint with the 2492
board.2493

       (F) Upon the written request to the board of any member of a 2494
certified employee organization and where the board determines the 2495
necessity for an audit, the board may require the employee2496
organization to provide a certified audit of its financial2497
records.2498

       (G) Any employee organization subject to the2499
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.2500
519, 29 U.S.C.A., 401, as amended, may file copies with the board2501
of all reports it is required to file under that act in lieu of2502
compliance with all parts of this section other than division (A)2503
of this section. The board shall accept a filing by a statewide,2504
national, or international employee organization of its reports in 2505
lieu of a filing of such reports by each subordinate organization.2506

       Sec. 4735.16.  (A) Every real estate broker licensed under2507
this chapter shall have and maintain a definite place of business2508
in this state and shall erect or maintain a sign on the premises2509
plainly stating that the licensee is a real estate broker. If the 2510
real estate broker maintains one or more branch offices, the real 2511
estate broker shall erect or maintain a sign at each branch office2512
plainly stating that the licensee is a real estate broker.2513

       (B)(1) Any licensed real estate broker or salesperson who2514
advertises to buy, sell, exchange, or lease real estate, or to 2515
engage in any act regulated by this chapter, including, but not 2516
limited to, any licensed real estate broker or salesperson who 2517
advertises to sell, exchange, or lease real estate that the 2518
licensee owns, shall be identified in the advertisement by name2519
and by indicating that the licensee is a real estate broker or 2520
real estate salesperson. Except a real estate salesperson who 2521
advertises the sale, exchange, or lease of real estate that the 2522
salesperson owns and that is not listed for sale, exchange, or 2523
lease with a real estate broker, any real estate salesperson who 2524
advertises, as provided in this section, also shall indicate in 2525
the advertisement the name of the broker under whom the 2526
salesperson is licensed and the fact that the salesperson's broker 2527
is a real estate broker. The name of the broker shall be displayed2528
in equal prominence with the name of the salesperson in the 2529
advertisement.2530

       (2) A real estate broker who is representing a seller under 2531
an exclusive right to sell or lease listing agreement shall not 2532
advertise such property to the public as "for sale by owner" or 2533
otherwise mislead the public to believe that the seller is not 2534
represented by a real estate broker.2535

       (3) If any real estate broker or real estate salesperson2536
advertises in a manner other than as provided in this section or 2537
the rules adopted under this section, that advertisement is 2538
prima-facie evidence of a violation under division (A)(21) of 2539
section 4735.18 of the Revised Code.2540

       When the superintendent determines that prima-facie evidence 2541
of a violation of division (A)(21) of section 4735.18 of the 2542
Revised Code or any of the rules adopted thereunder exists, the 2543
superintendent may do either of the following:2544

       (a) Initiate disciplinary action under section 4735.051 of 2545
the Revised Code for a violation of division (A)(21) of section 2546
4735.18 of the Revised Code, in accordance with Chapter 119. of2547
the Revised Code;2548

       (b) Personally, or by certified mail, serve a citation upon 2549
the licensee.2550

       (C)(1) Every citation served under this section shall give 2551
notice to the licensee of the alleged violation or violations 2552
charged and inform the licensee of the opportunity to request a 2553
hearing in accordance with Chapter 119. of the Revised Code. The 2554
citation also shall contain a statement of a fine of two hundred 2555
dollars per violation, not to exceed two thousand five hundred 2556
dollars per citation. All fines collected pursuant to this section 2557
shall be credited to the real estate recovery fund, created in the 2558
state treasury under section 4735.12 of the Revised Code.2559

       (2) If any licensee is cited three times within twelve2560
consecutive months, the superintendent shall initiate disciplinary2561
action pursuant to section 4735.051 of the Revised Code for any 2562
subsequent violation that occurs within the same twelve-month 2563
period.2564

       (3) If a licensee fails to request a hearing within thirty 2565
days of the date of service of the citation, or the licensee and 2566
the superintendent fail to reach an alternative agreement, the 2567
citation shall become final.2568

       (4) Unless otherwise indicated, the licensee named in a final2569
citation must meet all requirements contained in the final 2570
citation within thirty days of the effective date of that 2571
citation.2572

       (5) The superintendent shall suspend automatically a 2573
licensee's license if the licensee fails to comply with division 2574
(C)(4) of this section.2575

       (D) A real estate broker or salesperson obtaining the2576
signature of a party to a listing or other agreement involved in a 2577
real estate transaction shall furnish a copy of the listing or2578
other agreement to the party immediately after obtaining the2579
party's signature. Every broker's office shall prominently display 2580
in the same immediate area as licenses are displayed a statement2581
that it is illegal to discriminate against any person because of2582
race, color, religion, sex, national origin, or ancestry; or2583
familial status as defined in section 4112.01 of the Revised 2584
Code, national origin, military status as defined in that 2585
section, disability as defined in that section, gender identity 2586
and expression, or ancestrysexual orientation, as those terms 2587
are defined in section 4112.01 of the Revised Code, in the sale 2588
or rental of housing or residential lots, in advertising the 2589
sale or rental of housing, in the financing of housing, or in 2590
the provision of real estate brokerage services and that 2591
blockbusting also is illegal. The statement shall bear the 2592
United States department of housing and urban development equal 2593
housing logo, shall contain the information that the broker and 2594
the broker's salespersons are licensed by the division of real 2595
estate and professional licensing and that the division can 2596
assist with any consumer complaints or inquiries, and shall2597
explain the provisions of section 4735.12 of the Revised Code. 2598
The statement shall provide the division's address and telephone 2599
number. The Ohio real estate commission shall provide by rule for 2600
the wording and size of the statement. The pamphlet required 2601
under section 4735.03 of the Revised Code shall contain the same 2602
statement that is required on the statement displayed as provided 2603
in this section and shall be made available by real estate 2604
brokers and salespersons to their clients. The commission shall2605
provide the wording and size of the pamphlet.2606

       Sec. 4735.55.  (A) Each written agency agreement shall 2607
contain all of the following:2608

       (1) An expiration date;2609

       (2) A statement that it is illegal, pursuant to the Ohio fair 2610
housing law, division (H) of section 4112.02 of the Revised Code, 2611
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to 2612
sell, transfer, assign, rent, lease, sublease, or finance housing 2613
accommodations, refuse to negotiate for the sale or rental of 2614
housing accommodations, or otherwise deny or make unavailable 2615
housing accommodations because of race, color, religion, sex, 2616
national origin, or ancestry; or familial status as defined in 2617
section 4112.01 of the Revised Code, ancestry, military status as 2618
defined in that section, disability as defined in that section, 2619
gender identity and expression, or national originsexual 2620
orientation, as those terms are defined in section 4112.01 of the 2621
Revised Code, or to so discriminate in advertising the sale or 2622
rental of housing, in the financing of housing, or in the2623
provision of real estate brokerage services;2624

       (3) A statement defining the practice known as "blockbusting" 2625
and stating that it is illegal;2626

       (4) A copy of the United States department of housing and 2627
urban development equal housing opportunity logotype, as set forth 2628
in 24 C.F.R. 109.30.2629

       (B) Each written agency agreement shall contain a place for 2630
the licensee and the client to sign and date the agreement.2631

       (C) A licensee shall furnish a copy of any written agency 2632
agreement to a client in a timely manner after the licensee and 2633
the client have signed and dated it.2634

       Sec. 4757.07.  The counselor, social worker, and marriage and 2635
family therapist board and its professional standards committees 2636
shall not discriminate against any licensee, registrant, or 2637
applicant for a license or certificate of registration under this 2638
chapter because of the person's race, color, religion, sex, or2639
national origin,; disability, sexual orientation, or gender 2640
identity and expression, as those terms are defined in section 2641
4112.01 of the Revised Code,; or age. The board or committee, as 2642
appropriate, shall afford a hearing to any person who files with 2643
the board or committee a statement alleging discrimination based 2644
on any of those reasons.2645

       Sec. 4758.16. The chemical dependency professionals board2646
shall not discriminate against any licensee, certificate holder,2647
or applicant for a license or certificate under this chapter2648
because of the individual's race, color, religion, gender, or2649
national origin,; disability, sexual orientation, or gender 2650
identity and expression, as those terms are defined in section 2651
4112.01 of the Revised Code,; or age. The board shall afford a 2652
hearing to any individual who files with the board a statement2653
alleging discrimination based on any of those reasons.2654

       Sec. 4765.18.  The state board of emergency medical services 2655
may suspend or revoke a certificate of accreditation or a 2656
certificate of approval issued under section 4765.17 of the2657
Revised Code for any of the following reasons:2658

       (A) Violation of this chapter or any rule adopted under it;2659

       (B) Furnishing of false, misleading, or incomplete2660
information to the board;2661

       (C) The signing of an application or the holding of a2662
certificate of accreditation by a person who has pleaded guilty to 2663
or has been convicted of a felony, or has pleaded guilty to or2664
been convicted of a crime involving moral turpitude;2665

       (D) The signing of an application or the holding of a2666
certificate of accreditation by a person who is addicted to the2667
use of any controlled substance or has been adjudicated2668
incompetent for that purpose by a court, as provided in section2669
5122.301 of the Revised Code;2670

       (E) Violation of any commitment made in an application for a 2671
certificate of accreditation or certificate of approval;2672

       (F) Presentation to prospective students of misleading,2673
false, or fraudulent information relating to the emergency medical 2674
services training program or emergency medical services continuing 2675
education program, employment opportunities, or opportunities for 2676
enrollment in accredited institutions of higher education after 2677
entering or completing courses offered by the operator of a 2678
program;2679

       (G) Failure to maintain in a safe and sanitary condition2680
premises and equipment used in conducting courses of study;2681

       (H) Failure to maintain financial resources adequate for the 2682
satisfactory conduct of courses of study or to retain a sufficient 2683
number of certified instructors;2684

       (I) Discrimination in the acceptance of students upon the2685
basis of sexual orientation or gender identity and expression as 2686
those terms are defined in section 4112.01 of the Revised Code,2687
race, color, religion, sex, or national origin.2688

       Sec. 5104.09.  (A)(1) Except as provided in rules adopted 2689
pursuant to division (D) of this section, no individual who has 2690
been convicted of or pleaded guilty to a violation described in 2691
division (A)(9) of section 109.572 of the Revised Code, a 2692
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, 2693
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.352694
of the Revised Code or a violation of an existing or former law 2695
or ordinance of any municipal corporation, this state, any other2696
state, or the United States that is substantially equivalent to2697
any of those violations, or two violations of section 4511.19 of 2698
the Revised Code during operation of the center or home shall be 2699
certified as an in-home aide or be employed in any capacity in or 2700
own or operate a child day-care center, type A family day-care 2701
home, type B family day-care home, or certified type B family 2702
day-care home.2703

       (2) Each employee of a child day-care center and type A home2704
and every person eighteen years of age or older residing in a type2705
A home shall sign a statement on forms prescribed by the director2706
of job and family services attesting to the fact that the employee2707
or resident person has not been convicted of or pleaded guilty to2708
any offense set forth in division (A)(1) of this section and that2709
no child has been removed from the employee's or resident 2710
person's home pursuant to section 2151.353 of the Revised Code. 2711
Each licensee of a type A home shall sign a statement on a form2712
prescribed by the director attesting to the fact that no person2713
who resides at the type A home and who is under the age of2714
eighteen has been adjudicated a delinquent child for committing a2715
violation of any section listed in division (A)(1) of this2716
section. The statements shall be kept on file at the center or2717
type A home.2718

       (3) Each in-home aide and every person eighteen years of age 2719
or older residing in a certified type B home shall sign a 2720
statement on forms prescribed by the director of job and family 2721
services attesting that the aide or resident person has not been2722
convicted of or pleaded guilty to any offense set forth in2723
division (A)(1) of this section and that no child has been removed 2724
from the aide's or resident person's home pursuant to section 2725
2151.353 of the Revised Code. Each authorized provider shall sign 2726
a statement on forms prescribed by the director attesting that 2727
the provider has not been convicted of or pleaded guilty to any 2728
offense set forth in division (A)(1) of this section and that no 2729
child has been removed from the provider's home pursuant to 2730
section 2151.353 of the Revised Code. Each authorized provider 2731
shall sign a statement on a form prescribed by the director 2732
attesting to the fact that no person who resides at the certified 2733
type B home and who is under the age of eighteen has been 2734
adjudicated a delinquent child for committing a violation of any 2735
section listed in division (A)(1) of this section. The statements 2736
shall be kept on file at the county department of job and family 2737
services.2738

       (4) Each administrator and licensee of a center or type A2739
home shall sign a statement on a form prescribed by the director2740
of job and family services attesting that the administrator or2741
licensee has not been convicted of or pleaded guilty to any2742
offense set forth in division (A)(1) of this section and that no2743
child has been removed from the administrator's or licensee's 2744
home pursuant to section 2151.353 of the Revised Code. The 2745
statement shall be kept on file at the center or type A home.2746

       (B) No in-home aide, no administrator, licensee, authorized2747
provider, or employee of a center, type A home, or certified type2748
B home, and no person eighteen years of age or older residing in a2749
type A home or certified type B home shall withhold information2750
from, or falsify information on, any statement required pursuant2751
to division (A)(2), (3), or (4) of this section.2752

       (C) No administrator, licensee, or child-care staff member2753
shall discriminate in the enrollment of children in a child2754
day-care center upon the basis of sexual orientation or gender 2755
identity and expression as those terms are defined in section 2756
4112.01 of the Revised Code, race, color, religion, sex, or2757
national origin.2758

       (D) The director of job and family services shall adopt rules 2759
pursuant to Chapter 119. of the Revised Code to implement this 2760
section, including rules specifying exceptions to the prohibition 2761
in division (A) of this section for persons who have been 2762
convicted of an offense listed in that division but meet 2763
rehabilitation standards set by the department.2764

       Sec. 5107.26.  (A) As used in this section:2765

       (1) "Transitional child care" means publicly funded child 2766
care provided under division (A)(3) of section 5104.34 of the 2767
Revised Code.2768

       (2) "Transitional medicaid" means the medical assistance 2769
provided under section 5111.0115 of the Revised Code.2770

       (B) Except as provided in division (C) of this section, each 2771
member of an assistance group participating in Ohio works first is 2772
ineligible to participate in the program for six payment months if 2773
a county department of job and family services determines that a2774
member of the assistance group terminated the member's employment 2775
and each person who, on the day prior to the day a recipient 2776
begins to receive transitional child care or transitional2777
medicaid, was a member of the recipient's assistance group is 2778
ineligible to participate in Ohio works first for six payment2779
months if a county department determines that the recipient 2780
terminated the recipient's employment.2781

       (C) No assistance group member shall lose or be denied 2782
eligibility to participate in Ohio works first pursuant to 2783
division (B) of this section if the termination of employment was 2784
because an assistance group member or recipient of transitional 2785
child care or transitional medicaid secured comparable or better 2786
employment or the county department of job and family services 2787
certifies that the member or recipient terminated the employment2788
with just cause.2789

       Just cause includes the following:2790

       (1) Discrimination by an employer based on sexual orientation 2791
or gender identity and expression as those terms are defined in 2792
section 4112.01 of the Revised Code, age, race, sex, color, 2793
handicap, religious beliefs, or national origin;2794

       (2) Work demands or conditions that render continued2795
employment unreasonable, such as working without being paid on2796
schedule;2797

       (3) Employment that has become unsuitable due to any of the 2798
following:2799

       (a) The wage is less than the federal minimum wage;2800

       (b) The work is at a site subject to a strike or lockout, 2801
unless the strike has been enjoined under section 208 of the 2802
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.2803
178, as amended, an injunction has been issued under section 10 of 2804
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as 2805
amended, or an injunction has been issued under section 4117.16 of 2806
the Revised Code;2807

       (c) The documented degree of risk to the member or 2808
recipient's health and safety is unreasonable;2809

       (d) The member or recipient is physically or mentally unfit 2810
to perform the employment, as documented by medical evidence or by 2811
reliable information from other sources.2812

       (4) Documented illness of the member or recipient or of 2813
another assistance group member of the member or recipient 2814
requiring the presence of the member or recipient;2815

       (5) A documented household emergency;2816

       (6) Lack of adequate child care for children of the member or 2817
recipient who are under six years of age.2818

       Sec. 5111.31.  (A) Every provider agreement with the provider 2819
of a nursing facility or intermediate care facility for the 2820
mentally retarded shall:2821

       (1) Prohibit the provider from failing or refusing to retain 2822
as a patient any person because the person is, becomes, or may, as 2823
a patient in the facility, become a medicaid recipient. For the 2824
purposes of this division, a medicaid recipient who is a patient 2825
in a facility shall be considered a patient in the facility during 2826
any hospital stays totaling less than twenty-five days during any2827
twelve-month period. Recipients who have been identified by the2828
department of job and family services or its designee as requiring 2829
the level of care of an intermediate care facility for the 2830
mentally retarded shall not be subject to a maximum period of 2831
absences during which they are considered patients if prior 2832
authorization of the department for visits with relatives and 2833
friends and participation in therapeutic programs is obtained 2834
under rules adopted under section 5111.02 of the Revised Code.2835

       (2) Except as provided by division (B)(1) of this section, 2836
include any part of the facility that meets standards for 2837
certification of compliance with federal and state laws and rules 2838
for participation in the medicaid program.2839

       (3) Prohibit the provider from discriminating against any2840
patient on the basis of sexual orientation or gender identity and 2841
expression as those terms are defined in section 4112.01 of the 2842
Revised Code, race, color, sex, creed, or national origin.2843

       (4) Except as otherwise prohibited under section 5111.55 of 2844
the Revised Code, prohibit the provider from failing or refusing 2845
to accept a patient because the patient is, becomes, or may, as a 2846
patient in the facility, become a medicaid recipient if less than 2847
eighty per cent of the patients in the facility are medicaid 2848
recipients.2849

       (B)(1) Except as provided by division (B)(2) of this section, 2850
the following are not required to be included in a provider 2851
agreement unless otherwise required by federal law:2852

        (a) Beds added during the period beginning July 1, 1987, and 2853
ending July 1, 1993, to a nursing home licensed under Chapter 2854
3721. of the Revised Code;2855

        (b) Beds in an intermediate care facility for the mentally 2856
retarded that are designated for respite care under a medicaid 2857
waiver component operated pursuant to a waiver sought under 2858
section 5111.87 of the Revised Code.2859

        (2) If a provider chooses to include a bed specified in 2860
division (B)(1)(a) of this section in a provider agreement, the 2861
bed may not be removed from the provider agreement unless the 2862
provider withdraws the facility in which the bed is located from 2863
the medicaid program.2864

       (C) Nothing in this section shall bar a provider that is a 2865
religious organization operating a religious or denominational 2866
nursing facility or intermediate care facility for the mentally 2867
retarded from giving preference to persons of the same religion or 2868
denomination. Nothing in this section shall bar any provider from 2869
giving preference to persons with whom the provider has 2870
contracted to provide continuing care.2871

       (D) Nothing in this section shall bar the provider of a 2872
county home organized under Chapter 5155. of the Revised Code from 2873
admitting residents exclusively from the county in which the 2874
county home is located.2875

       (E) No provider of a nursing facility or intermediate care 2876
facility for the mentally retarded for which a provider agreement 2877
is in effect shall violate the provider contract obligations 2878
imposed under this section.2879

       (F) Nothing in divisions (A) and (C) of this section shall2880
bar a provider from retaining patients who have resided in the2881
provider's facility for not less than one year as private pay 2882
patients and who subsequently become medicaid recipients, but 2883
refusing to accept as a patient any person who is or may, as a 2884
patient in the facility, become a medicaid recipient, if all of 2885
the following apply:2886

       (1) The provider does not refuse to retain any patient who2887
has resided in the provider's facility for not less than one year 2888
as a private pay patient because the patient becomes a medicaid 2889
recipient, except as necessary to comply with division (F)(2) of 2890
this section;2891

       (2) The number of medicaid recipients retained under this2892
division does not at any time exceed ten per cent of all the2893
patients in the facility;2894

       (3) On July 1, 1980, all the patients in the facility were2895
private pay patients.2896

       Sec. 5119.61.  Any provision in this chapter that refers to a2897
board of alcohol, drug addiction, and mental health services also2898
refers to the community mental health board in an alcohol, drug2899
addiction, and mental health service district that has a community2900
mental health board.2901

       The director of mental health with respect to all facilities2902
and programs established and operated under Chapter 340. of the2903
Revised Code for mentally ill and emotionally disturbed persons,2904
shall do all of the following:2905

       (A) Adopt rules pursuant to Chapter 119. of the Revised Code2906
that may be necessary to carry out the purposes of Chapter 340.2907
and sections 5119.61 to 5119.63 of the Revised Code.2908

       (1) The rules shall include all of the following:2909

       (a) Rules governing a community mental health agency's2910
services under section 340.091 of the Revised Code to an2911
individual referred to the agency under division (C)(2) of section2912
173.35 of the Revised Code;2913

       (b) For the purpose of division (A)(16) of section 340.03 of2914
the Revised Code, rules governing the duties of mental health2915
agencies and boards of alcohol, drug addiction, and mental health2916
services under section 3722.18 of the Revised Code regarding2917
referrals of individuals with mental illness or severe mental2918
disability to adult care facilities and effective arrangements for2919
ongoing mental health services for the individuals. The rules2920
shall do at least the following:2921

       (i) Provide for agencies and boards to participate fully in2922
the procedures owners and managers of adult care facilities must2923
follow under division (A)(2) of section 3722.18 of the Revised2924
Code;2925

       (ii) Specify the manner in which boards are accountable for2926
ensuring that ongoing mental health services are effectively2927
arranged for individuals with mental illness or severe mental2928
disability who are referred by the board or mental health agency2929
under contract with the board to an adult care facility.2930

       (c) Rules governing a board of alcohol, drug addiction, and2931
mental health services when making a report to the director of2932
health under section 3722.17 of the Revised Code regarding the2933
quality of care and services provided by an adult care facility to2934
a person with mental illness or a severe mental disability.2935

       (2) Rules may be adopted to govern the method of paying a2936
community mental health facility, as defined in section 5111.0232937
of the Revised Code, for providing services listed in division (B) 2938
of that section. Such rules must be consistent with the contract 2939
entered into between the departments of job and family services 2940
and mental health under section 5111.91 of the Revised Code and 2941
include requirements ensuring appropriate service utilization.2942

       (B) Review and evaluate, and, taking into account the2943
findings and recommendations of the board of alcohol, drug2944
addiction, and mental health services of the district served by2945
the program and the requirements and priorities of the state2946
mental health plan, including the needs of residents of the2947
district now residing in state mental institutions, approve and2948
allocate funds to support community programs, and make2949
recommendations for needed improvements to boards of alcohol, drug2950
addiction, and mental health services;2951

       (C) Withhold state and federal funds for any program, in2952
whole or in part, from a board of alcohol, drug addiction, and2953
mental health services in the event of failure of that program to2954
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,2955
or 5119.62 of the Revised Code or rules of the department of2956
mental health. The director shall identify the areas of2957
noncompliance and the action necessary to achieve compliance. The2958
director shall offer technical assistance to the board to achieve2959
compliance. The director shall give the board a reasonable time2960
within which to comply or to present its position that it is in2961
compliance. Before withholding funds, a hearing shall be conducted2962
to determine if there are continuing violations and that either2963
assistance is rejected or the board is unable to achieve2964
compliance. Subsequent to the hearing process, if it is determined 2965
that compliance has not been achieved, the director may allocate 2966
all or part of the withheld funds to a public or private agency to 2967
provide the services not in compliance until the time that there 2968
is compliance. The director shall establish rules pursuant to 2969
Chapter 119. of the Revised Code to implement this division.2970

       (D) Withhold state or federal funds from a board of alcohol,2971
drug addiction, and mental health services that denies available2972
service on the basis of religion, race, color, creed, sex,2973
national origin, or age,; disability, sexual orientation, or 2974
gender identity and expression, as those terms are defined in 2975
section 4112.01 of the Revised Code,; developmental disability,;2976
or the inability to pay;2977

       (E) Provide consultative services to community mental health 2978
agencies with the knowledge and cooperation of the board of2979
alcohol, drug addiction, and mental health services;2980

       (F) Provide to boards of alcohol, drug addiction, and mental2981
health services state or federal funds, in addition to those2982
allocated under section 5119.62 of the Revised Code, for special2983
programs or projects the director considers necessary but for2984
which local funds are not available;2985

       (G) Establish criteria by which a board of alcohol, drug2986
addiction, and mental health services reviews and evaluates the2987
quality, effectiveness, and efficiency of services provided2988
through its community mental health plan. The criteria shall2989
include requirements ensuring appropriate service utilization. The2990
department shall assess a board's evaluation of services and the2991
compliance of each board with this section, Chapter 340. or2992
section 5119.62 of the Revised Code, and other state or federal2993
law and regulations. The department, in cooperation with the2994
board, periodically shall review and evaluate the quality,2995
effectiveness, and efficiency of services provided through each2996
board. The department shall collect information that is necessary2997
to perform these functions.2998

       (H) Develop and operate a community mental health information 2999
system.3000

       Boards of alcohol, drug abuse, and mental health services3001
shall submit information requested by the department in the form3002
and manner prescribed by the department. Information collected by3003
the department shall include, but not be limited to, all of the3004
following:3005

       (1) Information regarding units of services provided in whole 3006
or in part under contract with a board, including diagnosis and 3007
special needs, demographic information, the number of units of3008
service provided, past treatment, financial status, and service3009
dates in accordance with rules adopted by the department in3010
accordance with Chapter 119. of the Revised Code;3011

       (2) Financial information other than price or price-related3012
data regarding expenditures of boards and community mental health3013
agencies, including units of service provided, budgeted and actual3014
expenses by type, and sources of funds.3015

       Boards shall submit the information specified in division3016
(H)(1) of this section no less frequently than annually for each3017
client, and each time the client's case is opened or closed. The3018
department shall not collect any information for the purpose of3019
identifying by name any person who receives a service through a3020
board of alcohol, drug addiction, and mental health services,3021
except as required by state or federal law to validate appropriate3022
reimbursement. For the purposes of division (H)(1) of this3023
section, the department shall use an identification system that is3024
consistent with applicable nationally recognized standards.3025

       (I) Review each board's community mental health plan3026
submitted pursuant to section 340.03 of the Revised Code and3027
approve or disapprove it in whole or in part. Periodically, in3028
consultation with representatives of boards and after considering3029
the recommendations of the medical director, the director shall3030
issue criteria for determining when a plan is complete, criteria3031
for plan approval or disapproval, and provisions for conditional3032
approval. The factors that the director considers may include, but 3033
are not limited to, the following:3034

       (1) The mental health needs of all persons residing within3035
the board's service district, especially severely mentally3036
disabled children, adolescents, and adults;3037

       (2) The demonstrated quality, effectiveness, efficiency, and3038
cultural relevance of the services provided in each service3039
district, the extent to which any services are duplicative of3040
other available services, and whether the services meet the needs3041
identified above;3042

       (3) The adequacy of the board's accounting for the3043
expenditure of funds.3044

       If the director disapproves all or part of any plan, the3045
director shall provide the board an opportunity to present its3046
position. The director shall inform the board of the reasons for3047
the disapproval and of the criteria that must be met before the3048
plan may be approved. The director shall give the board a3049
reasonable time within which to meet the criteria, and shall offer3050
technical assistance to the board to help it meet the criteria.3051

       If the approval of a plan remains in dispute thirty days3052
prior to the conclusion of the fiscal year in which the board's3053
current plan is scheduled to expire, the board or the director may3054
request that the dispute be submitted to a mutually agreed upon3055
third-party mediator with the cost to be shared by the board and3056
the department. The mediator shall issue to the board and the3057
department recommendations for resolution of the dispute. Prior to3058
the conclusion of the fiscal year in which the current plan is3059
scheduled to expire, the director, taking into consideration the3060
recommendations of the mediator, shall make a final determination3061
and approve or disapprove the plan, in whole or in part.3062

       Sec. 5123.351.  The director of mental retardation and3063
developmental disabilities, with respect to the eligibility for3064
state reimbursement of expenses incurred by facilities and3065
programs established and operated under Chapter 5126. of the3066
Revised Code for persons with mental retardation or a 3067
developmental disability, shall do all of the following:3068

       (A) Make rules that may be necessary to carry out the3069
purposes of Chapter 5126. and sections 5123.35, 5123.351, and3070
5123.36 of the Revised Code;3071

       (B) Define minimum standards for qualifications of personnel, 3072
professional services, and in-service training and educational 3073
leave programs;3074

       (C) Review and evaluate community programs and make3075
recommendations for needed improvements to county boards of mental 3076
retardation and developmental disabilities and to program3077
directors;3078

       (D) Withhold state reimbursement, in whole or in part, from 3079
any county or combination of counties for failure to comply with 3080
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code 3081
or rules of the department of mental retardation and developmental 3082
disabilities;3083

       (E) Withhold state funds from an agency, corporation, or3084
association denying or rendering service on the basis of race,3085
color, sex, religion, ancestry, or national origin,; disability, 3086
sexual orientation, or gender identity and expression, as those 3087
terms are defined in section 4112.01 of the Revised Code,; or3088
inability to pay;3089

       (F) Provide consultative staff service to communities to3090
assist in ascertaining needs and in planning and establishing3091
programs.3092

       Sec. 5126.07.  No county board of mental retardation and3093
developmental disabilities or any agency, corporation, or3094
association under contract with a county board of mental3095
retardation and developmental disabilities shall discriminate in3096
the provision of services under its authority or contract on the3097
basis of sexual orientation or gender identity and expression as 3098
those terms are defined in section 4112.01 of the Revised Code,3099
race, color, sex, creed, disability, national origin, or the 3100
inability to pay.3101

       Each county board of mental retardation and developmental3102
disabilities shall provide a plan of affirmative action describing 3103
its goals and methods for the provision of equal employment 3104
opportunities for all persons under its authority and shall ensure 3105
nondiscrimination in employment under its authority or contract on 3106
the basis of sexual orientation or gender identity and expression 3107
as those terms are defined in section 4112.01 of the Revised 3108
Code, race, color, sex, creed, disability, or national origin.3109

       Sec. 5515.08.  (A) The department of transportation may 3110
contract to sell commercial advertising space within or on the 3111
outside surfaces of any building located within a roadside rest 3112
area under its jurisdiction in exchange for cash payment. Money 3113
the department receives under this section shall be deposited in 3114
the state treasury to the credit of the roadside rest area 3115
improvement fund, which is hereby created. The department shall 3116
use the money in the fund only to improve roadside rest areas in 3117
accordance with section 5529.06 of the Revised Code.3118

       (B) Advertising placed under this section shall comply with 3119
all of the following:3120

        (1) It shall not be libelous or obscene and shall not promote 3121
any illegal product or service.3122

        (2) It shall not promote illegal discrimination on the basis 3123
of the sexual orientation or gender identity and expression as 3124
those terms are defined in section 4112.01 of the Revised Code,3125
race, religion, national origin, handicap, age, or ancestry of 3126
any person.3127

        (3) It shall not support or oppose any candidate for 3128
political office or any political cause, issue, or organization.3129

        (4) It shall comply with any controlling federal or state 3130
regulations or restrictions.3131

        (5) To the extent physically and technically practical, it 3132
shall state that the advertisement is a paid commercial 3133
advertisement and that the state does not endorse the product or 3134
service promoted by the advertisement or make any representation 3135
about the accuracy of the advertisement or the quality or 3136
performance of the product or service promoted by the 3137
advertisement.3138

        (6) It shall conform to all applicable rules adopted by the 3139
director of transportation under division (E) of this section.3140

        (C) Contracts entered into under this section shall be 3141
awarded only to the qualified bidder who submits the highest 3142
responsive bid or according to uniformly applied rate classes.3143

        (D) No person, except an advertiser alleging a breach of 3144
contract or the improper awarding of a contract, has a cause of 3145
action against the state with respect to any contract or 3146
advertising authorized by this section. Under no circumstances is 3147
the state liable for consequential or noneconomic damages with 3148
respect to any contract or advertising authorized under this 3149
section.3150

       (E) The director, in accordance with Chapter 119. of the 3151
Revised Code, shall adopt rules to implement this section. The 3152
rules shall be consistent with the policy of protecting the safety 3153
of the traveling public and consistent with the national policy 3154
governing the use and control of such roadside rest areas. The 3155
rules shall regulate the awarding of contracts and may regulate 3156
the content, display, and other aspects of the commercial 3157
advertising authorized by this section.3158

       Sec. 5709.832.  The legislative authority of a county,3159
township, or municipal corporation that grants an exemption from3160
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,3161
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the3162
Revised Code shall develop policies to ensure that the recipient3163
of the exemption practices nondiscriminatory hiring in its3164
operations. As used in this section, "nondiscriminatory hiring"3165
means that no individual may be denied employment solely on the3166
basis of sexual orientation or gender identity and expression as 3167
those terms are defined in section 4112.01 of the Revised Code,3168
race, religion, sex, disability, color, national origin, or 3169
ancestry.3170

       Section 2.  That existing sections 9.03, 124.93, 125.111, 3171
340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3172
3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3173
3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 3174
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 3175
5104.09, 5107.26, 5111.31, 5119.61, 5123.351, 5126.07, 5515.08, 3176
and 5709.832 of the Revised Code are hereby repealed.3177