As Passed by the House

128th General Assembly
Regular Session
2009-2010
Am. Sub. 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, Gerberry, Lundy, Bolon, Dyer, Garrison, Murray, Otterman, Pillich, Slesnick, Szollosi, Weddington 



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.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 as those terms are defined in 45
section 4112.01 of the Revised Code, race, color, religion, 46
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, or 87
military status as those terms are defined in section 4112.01 88
of the Revised Code,; age,; or ancestry, shall refuse to 89
contract with that physician for the provision of health care 90
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, or military 117
status, as those terms are defined in section 4112.01 of the 118
Revised Code,; national origin,; or ancestry, shall discriminate 119
against any citizen of this state in the employment of a person 120
qualified and available to perform the work to which the 121
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, or military status, as those terms 128
are defined in section 4112.01 of the Revised Code,; national 129
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 as those terms are 144
defined in section 4112.01 of the Revised Code, race, color, 145
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 as those terms are defined in section 4112.01 176
of the Revised Code, race, color, religion, national origin, sex, 177
or political affiliation. The rents received for such facilities 178
may be used for their repair or improvement, and any balance 179
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, as those terms are defined in section 4112.01 of the 283
Revised Code; ancestry,; or national origin. Any elderly person 284
or person of low or moderate income who is denied housing 285
accommodations or has them withheld by a municipal corporation 286
because of race, color, religion, or sex,; familial status as 287
defined in section 4112.01 of the Revised Code, military status 288
as defined in that section, disability as defined in that 289
section, sexual orientation, or gender identity, as those terms 290
are defined in section 4112.01 of the Revised Code; ancestry,;291
or national origin may file a charge with the Ohio civil rights 292
commission as provided in Chapter 4112. of the Revised Code.293

       (BB) Acquire, rehabilitate, and develop rail property or rail 294
service, and enter into agreements with the Ohio rail development 295
commission, boards of county commissioners, boards of township 296
trustees, legislative authorities of other municipal corporations, 297
with other governmental agencies or organizations, and with 298
private agencies or organizations in order to achieve those 299
purposes;300

       (CC) Appropriate and contribute money to a soil and water301
conservation district for use under Chapter 1515. of the Revised302
Code;303

       (DD) Authorize the board of county commissioners, pursuant to 304
a contract authorizing the action, to contract on the municipal 305
corporation's behalf for the administration and enforcement within 306
its jurisdiction of the state building code by another county or 307
another municipal corporation located within or outside the 308
county. The contract for administration and enforcement shall 309
provide for obtaining certification pursuant to division (E) of 310
section 3781.10 of the Revised Code for the exercise of 311
administration and enforcement authority within the municipal 312
corporation seeking those services and shall specify which 313
political subdivision is responsible for securing that314
certification.315

       (EE) Expend money for providing and maintaining services and 316
facilities for senior citizens.317

       "Airport," "landing field," and "air navigation facility," as 318
defined in section 4561.01 of the Revised Code, apply to division 319
(V) of this section.320

       As used in divisions (W) and (X) of this section, "airport"321
and "airport facility" have the same meanings as in section 308.01 322
of the Revised Code.323

       As used in division (BB) of this section, "rail property" and 324
"rail service" have the same meanings as in section 4981.01 of the 325
Revised Code.326

       Sec. 1501.012.  (A) The director of natural resources may327
lease lands in state parks, as defined in section 1501.07 of the328
Revised Code, and contract for the construction and operation of329
public service facilities, as mentioned in that section, and for330
major renovation or remodeling of existing public service331
facilities by the lessees on those lands. If the director332
determines that doing so would be consistent with long-range333
planning of the department of natural resources and in the best334
interests of the department and the division of parks and335
recreation in the department, the director shall negotiate and 336
execute a lease and contract for those purposes in accordance with 337
this chapter except as otherwise provided in this section.338

       (B) With the approval of the recreation and resources council 339
created under section 1501.04 of the Revised Code, the director 340
shall draft a statement of intent describing any public service 341
facility that the department wishes to have constructed in 342
accordance with this section and establishing a procedure for the 343
submission of proposals for providing the facility, including, but 344
not limited to, a requirement that each prospective bidder or 345
lessee of land shall submit with the proposal a completed 346
questionnaire and financial statement, on forms prescribed and 347
furnished by the department, to enable the department to ascertain 348
the person's financial worth and experience in maintaining and 349
operating facilities similar or related to the public service 350
facility in question. The completed questionnaire and financial 351
statement shall be verified under oath by the prospective bidder 352
or lessee. Questionnaires and financial statements submitted under 353
this division are confidential and are not open to public 354
inspection. Nothing in this division shall be construed to prevent 355
use of or reference to questionnaires and financial statements in 356
a civil action or criminal prosecution commenced by the state.357

       The director shall publish the statement of intent in at358
least three daily newspapers of general circulation in the state359
at least once each week for four consecutive weeks. The director 360
then shall accept proposals in response to the statement of intent 361
for at least thirty days following the final publication of the362
statement. At the end of the period during which proposals may be 363
submitted under this division, the director shall select the364
proposal that the director determines best complies with the365
statement of intent and may negotiate a lease and contract with 366
the person that submitted that proposal.367

       (C) Any lease and contract negotiated under this section368
shall include in its terms and conditions all of the following:369

       (1) The legal description of the leasehold;370

       (2) The duration of the lease and contract, which shall not 371
exceed forty years, and a requirement that the lease and contract 372
be nonrenewable;373

       (3) A requirement that the lessee maintain in full force and 374
effect during the term of the lease and contract comprehensive 375
liability insurance for injury, death, or loss to persons or 376
property and fire casualty insurance for the public service 377
facility and all its structures in an amount established by the 378
director and naming the department as an additional insured;379

       (4) A requirement that the lessee maintain in full force and 380
effect suitable performance bonds or other adequate security381
pertaining to the construction and operation of the public service 382
facility;383

       (5) Detailed plans and specifications controlling the384
construction of the public service facility that shall include all 385
of the following:386

       (a) The size and capacity of the facility;387

       (b) The type and quality of construction;388

       (c) Other criteria that the department considers necessary 389
and advisable.390

       (6) The manner of rental payment;391

       (7) A stipulation that the director shall have control and392
supervision over all of the following:393

       (a) The operating season of the public service facility;394

       (b) The facility's hours of operation;395

       (c) The maximum rates to be charged guests using the396
facility;397

       (d) The facility's sanitary conditions;398

       (e) The quality of food and service furnished the guests of 399
the facility;400

       (f) The lessee's general and structural maintenance401
responsibilities at the facility.402

       (8) The disposition of the leasehold and improvements at the 403
expiration of the lease and contract;404

       (9) A requirement that the public service facility be405
available to all members of the public without regard to sex,406
race, color, creed, ancestry, or national origin,; or disability, 407
sexual orientation, or gender identity, as those terms are408
defined in section 4112.01 of the Revised Code;409

       (10) Other terms and conditions that the director considers 410
necessary and advisable to carry out the purposes of this section.411

       (D) The attorney general shall approve the form of the lease 412
and contract prior to its execution by the director.413

       (E) The authority granted in this section to the director is 414
in addition and supplemental to any other authority granted the415
director under state law.416

       Sec. 1751.18.  (A)(1) No health insuring corporation shall 417
cancel or fail to renew the coverage of a subscriber or enrollee 418
because of any health status-related factor in relation to the 419
subscriber or enrollee, the subscriber's or enrollee's 420
requirements for health care services, or for any other reason 421
designated under rules adopted by the superintendent of insurance.422

       (2) Unless otherwise required by state or federal law, no423
health insuring corporation, or health care facility or provider424
through which the health insuring corporation has made425
arrangements to provide health care services, shall discriminate426
against any individual with regard to enrollment, disenrollment,427
or the quality of health care services rendered, on the basis of428
the individual's race, color, sex, age, religion, military status, 429
sexual orientation, or gender identity as those terms are430
defined in section 4112.01 of the Revised Code, or status as a 431
recipient of medicare or medicaid, or any health status-related 432
factor in relation to the individual. However, a health 433
insuring corporation shall not be required to accept a 434
recipient of medicare or medical assistance, if an agreement has 435
not been reached on appropriate payment mechanisms between the 436
health insuring corporation and the governmental agency 437
administering these programs. Further, except during a period of 438
open enrollment under section 1751.15 of the Revised Code, a 439
health insuring corporation may reject an applicant for nongroup 440
enrollment on the basis of any health status-related factor in 441
relation to the applicant.442

       (B) A health insuring corporation may cancel or decide not to 443
renew the coverage of an enrollee if the enrollee has performed an 444
act or practice that constitutes fraud or intentional 445
misrepresentation of material fact under the terms of the coverage 446
and if the cancellation or nonrenewal is not based, either 447
directly or indirectly, on any health status-related factor in 448
relation to the enrollee.449

       (C) An enrollee may appeal any action or decision of a health450
insuring corporation taken pursuant to section 2742(b) to (e) of451
the "Health Insurance Portability and Accountability Act of 1996," 452
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as453
amended. To appeal, the enrollee may submit a written complaint 454
to the health insuring corporation pursuant to section 1751.19 of 455
the Revised Code. The enrollee may, within thirty days after 456
receiving a written response from the health insuring corporation, 457
appeal the health insuring corporation's action or decision to the 458
superintendent.459

       (D) As used in this section, "health status-related factor"460
means any of the following:461

       (1) Health status;462

       (2) Medical condition, including both physical and mental 463
illnesses;464

       (3) Claims experience;465

       (4) Receipt of health care;466

       (5) Medical history;467

       (6) Genetic information;468

       (7) Evidence of insurability, including conditions arising 469
out of acts of domestic violence;470

       (8) Disability.471

       Sec. 2927.03.  (A) No person, whether or not acting under472
color of law, shall by force or threat of force willfully injure,473
intimidate, or interfere with, or attempt to injure, intimidate,474
or interfere with, any of the following:475

       (1) Any person because of race, color, religion, sex, 476
national origin, or ancestry; or familial status as defined in 477
section 4112.01 of the Revised Code, national origin, military 478
status as defined in that section, disability as defined in that479
section, gender identity, or ancestrysexual orientation, as 480
those terms are defined in section 4112.01 of the Revised Code,481
and because that person is or has been selling, purchasing, 482
renting, financing, occupying, contracting, or negotiating for 483
the sale, purchase, rental, financing, or occupation of any 484
housing accommodations, or applying for or participating in any 485
service, organization, or facility relating to the business of 486
selling or renting housing accommodations;487

       (2) Any person because that person is or has been doing, or 488
in order to intimidate that person or any other person or any 489
class of persons from doing, either of the following:490

       (a) Participating, without discrimination on account of race, 491
color, religion, sex, national origin, or ancestry; or familial 492
status as defined in section 4112.01 of the Revised Code, 493
national origin, military status as defined in that section,494
disability as defined in that section, gender identity, or 495
ancestry,sexual orientation, as those terms are defined in 496
section 4112.01 of the Revised Code, in any of the activities, 497
services, organizations, or facilities described in division 498
(A)(1) of this section;499

       (b) Affording another person or class of persons opportunity 500
or protection so to participate.501

       (3) Any person because that person is or has been, or in502
order to discourage that person or any other person from, lawfully 503
aiding or encouraging other persons to participate, without 504
discrimination on account of race, color, religion, sex, national 505
origin, or ancestry; or familial status as defined in section 506
4112.01 of the Revised Code, national origin, military status as 507
defined in that section, disability as defined in that section, 508
gender identity, or ancestry,sexual orientation, as those 509
terms are defined in section 4112.01 of the Revised Code, in 510
any of the activities, services, organizations, or facilities 511
described in division (A)(1) of this section, or participating 512
lawfully in speech or peaceful assembly opposing any denial of 513
the opportunity to so participate.514

       (B) Whoever violates division (A) of this section is guilty 515
of a misdemeanor of the first degree.516

       Sec. 3113.36.  (A) To qualify for funds under section 3113.35 517
of the Revised Code, a shelter for victims of domestic violence 518
shall meet all of the following requirements:519

       (1) Be incorporated in this state as a nonprofit corporation;520

       (2) Have trustees who represent the racial, ethnic, and521
socioeconomic diversity of the community to be served, including522
at least one person who is or has been a victim of domestic523
violence;524

       (3) Receive at least twenty-five per cent of its funds from 525
sources other than funds distributed pursuant to section 3113.35 526
of the Revised Code. These other sources may be public or private, 527
and may include funds distributed pursuant to section 3113.37 of 528
the Revised Code, and contributions of goods or services, 529
including materials, commodities, transportation, office space, or 530
other types of facilities or personal services.531

       (4) Provide residential service or facilities for children532
when accompanied by a parent, guardian, or custodian who is a533
victim of domestic violence and who is receiving temporary534
residential service at the shelter;535

       (5) Require persons employed by or volunteering services to 536
the shelter to maintain the confidentiality of any information537
that would identify individuals served by the shelter.538

       (B) A shelter for victims of domestic violence does not539
qualify for funds if it discriminates in its admissions or540
provision of services on the basis of sexual orientation or gender 541
identity as those terms are defined in section 4112.01 of the 542
Revised Code, race, religion, color, age, marital status, 543
national origin, or ancestry. A shelter does not qualify for 544
funds in the second half of any year if its application projects 545
the provision of residential service and such service has not 546
been provided in the first half of that year; such a shelter does 547
not qualify for funds in the following year.548

       Sec. 3301.53.  (A) The state board of education, in 549
consultation with the director of job and family services, shall 550
formulate and prescribe by rule adopted under Chapter 119. of the 551
Revised Code minimum standards to be applied to preschool programs 552
operated by school district boards of education, county MR/DD 553
boards, or eligible nonpublic schools. The rules shall include 554
the following:555

       (1) Standards ensuring that the preschool program is located556
in a safe and convenient facility that accommodates the enrollment557
of the program, is of the quality to support the growth and558
development of the children according to the program objectives,559
and meets the requirements of section 3301.55 of the Revised Code;560

       (2) Standards ensuring that supervision, discipline, and561
programs will be administered according to established objectives562
and procedures;563

       (3) Standards ensuring that preschool staff members and564
nonteaching employees are recruited, employed, assigned,565
evaluated, and provided inservice education without discrimination566
on the basis of sexual orientation or gender identity as those 567
terms are defined in section 4112.01 of the Revised Code, age, 568
color, national origin, race, or sex; and that preschool staff 569
members and nonteaching employees are assigned responsibilities 570
in accordance with written position descriptions commensurate 571
with their training and experience;572

       (4) A requirement that boards of education intending to573
establish a preschool program demonstrate a need for a preschool 574
program prior to establishing the program;575

       (5) Requirements that children participating in preschool576
programs have been immunized to the extent considered appropriate577
by the state board to prevent the spread of communicable disease;578

       (6) Requirements that the parents of preschool children579
complete the emergency medical authorization form specified in580
section 3313.712 of the Revised Code.581

       (B) The state board of education in consultation with the582
director of job and family services shall ensure that the rules583
adopted by the state board under sections 3301.52 to 3301.58 of584
the Revised Code are consistent with and meet or exceed the585
requirements of Chapter 5104. of the Revised Code with regard to586
child day-care centers. The state board and the director of job587
and family services shall review all such rules at least once588
every five years.589

       (C) The state board of education, in consultation with the 590
director of job and family services, shall adopt rules for school 591
child programs that are consistent with and meet or exceed the 592
requirements of the rules adopted for school child day-care 593
centers under Chapter 5104. of the Revised Code.594

       Sec. 3304.14.  The governor shall appoint an administrator 595
of the rehabilitation services commission to serve at the 596
pleasure of the governor and shall fix the administrator's 597
compensation. The administrator shall devote the administrator's 598
entire time to the duties of the administrator's office, shall 599
hold no other office or position of trust and profit, and shall 600
engage in no other business during the administrator's term of 601
office. The governor may grant the administrator the authority 602
to appoint, remove, and discipline without regard to sexual 603
orientation or gender identity as those terms are defined in 604
section 4112.01 of the Revised Code, sex, race, creed, color, 605
age, or national origin, such other professional, 606
administrative, and clerical staff members as are necessary to 607
carry out the functions and duties of the commission.608

       Sec. 3304.50.  The Ohio independent living council 609
established and appointed by the governor under the authority of 610
section 107.18 of the Revised Code and pursuant to the 611
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 612
U.S.C.A. 796d, shall appoint an executive director to serve at the 613
pleasure of the council and shall fix histhe executive director's614
compensation. The executive director shall not be considered a615
public employee for purposes of Chapter 4117. of the Revised Code. 616
The council may delegate to the executive director the authority 617
to appoint, remove, and discipline, without regard to sexual 618
orientation or gender identity as those terms are defined in 619
section 4112.01 of the Revised Code, sex, race, creed, color, 620
age, or national origin, such other professional, 621
administrative, and clerical staff members as are necessary to 622
carry out the functions and duties of the council.623

       Sec. 3313.481.  (A) With the approval of the department of624
education, a board of education of a city, exempted village,625
local, or joint vocational school district may operate any of its626
schools on a schedule other than that required by section 3313.48627
of the Revised Code in order to do any of the following:628

       (1) To provide a flexible school day during which may be held 629
parent-teacher conferences and reporting periods involving time in 630
excess of that permitted to be credited toward fulfillment of the 631
minimum school year under section 3313.48 of the Revised Code;632

       (2) To establish and maintain a calendar of quarters,633
trimesters, or pentamesters;634

       (3) To provide staggered attendance schedules if it receives 635
approval to do so from the department of education.636

       (B) A school district operating a school under this section 637
shall have such school open for instruction for each pupil 638
enrolled in that school for at least nine hundred ten hours during 639
the school year. For purposes of determining whether a school that 640
is on a staggered attendance schedule is in compliance with this 641
section in any school year, the department of education may 642
include days the school was open for instruction with pupils in 643
attendance for not more than the first seventy days of the ensuing 644
school year provided such days are not considered as days the 645
school was open for instruction during such ensuing school year. 646
The following shall be considered as time during which the schools 647
are open for instruction for a pupil enrolled in such a school, or 648
for a pupil enrolled in a school that is not on a staggered 649
attendance schedule but that operates under this section:650

       (1) Morning and afternoon recess periods of not more than651
fifteen minutes duration per period for a pupil in grades one652
through six;653

       (2) Ten hours during which the pupil would otherwise be in654
attendance but when he is not required to attend school in order655
to provide time for individualized parent-teacher conferences and656
reporting periods;657

       (3) Ten hours during which the pupil would otherwise be in658
attendance but is not required to attend school in order to659
provide time for teachers to attend professional meetings;660

       (4) The number of hours pupils would otherwise be in661
attendance but are not required to attend because school is closed 662
as a result of a public calamity as provided in section 3317.01 of 663
the Revised Code.664

       (C) No board of education shall discriminate on the basis of 665
sexual orientation or gender identity as those terms are defined 666
in section 4112.01 of the Revised Code, sex, race, religion, or 667
national origin when assigning pupils to attendance schedules 668
pursuant to this section.669

       Sec. 3314.06.  The governing authority of each community670
school established under this chapter shall adopt admission671
procedures that specify the following:672

       (A) That except as otherwise provided in this section,673
admission to the school shall be open to any individual age five674
to twenty-two entitled to attend school pursuant to section675
3313.64 or 3313.65 of the Revised Code in a school district in the676
state.677

       (B)(1) That admission to the school may be limited to678
students who have attained a specific grade level or are within a679
specific age group; to students that meet a definition of680
"at-risk," as defined in the contract; to residents of a specific 681
geographic area within the district, as defined in the contract; 682
or to separate groups of autistic students and nondisabled 683
students, as authorized in section 3314.061 of the Revised Code 684
and as defined in the contract.685

       (2) For purposes of division (B)(1) of this section,686
"at-risk" students may include those students identified as gifted687
students under section 3324.03 of the Revised Code.688

       (C) Whether enrollment is limited to students who reside in689
the district in which the school is located or is open to690
residents of other districts, as provided in the policy adopted691
pursuant to the contract.692

       (D)(1) That there will be no discrimination in the admission693
of students to the school on the basis of sexual orientation or 694
gender identity as those terms are defined in section 4112.01 of 695
the Revised Code, race, creed, color, disability, or sex except 696
that:697

       (a) The governing authority may establish single-gender 698
schools for the purpose described in division (G) of this section 699
provided comparable facilities and learning opportunities are 700
offered for both boys and girls. Such comparable facilities and 701
opportunities may be offered for each sex at separate locations.702

       (b) The governing authority may establish a school that 703
simultaneously serves a group of students identified as autistic 704
and a group of students who are not disabled, as authorized in 705
section 3314.061 of the Revised Code. However, unless the total 706
capacity established for the school has been filled, no student 707
with any disability shall be denied admission on the basis of 708
that disability.709

       (2) That upon admission of any student with a disability, 710
the community school will comply with all federal and state laws711
regarding the education of students with disabilities.712

       (E) That the school may not limit admission to students on713
the basis of intellectual ability, measures of achievement or714
aptitude, or athletic ability, except that a school may limit its715
enrollment to students as described in division (B) of this716
section.717

       (F) That the community school will admit the number of718
students that does not exceed the capacity of the school's719
programs, classes, grade levels, or facilities.720

       (G) That the purpose of single-gender schools that are721
established shall be to take advantage of the academic benefits722
some students realize from single-gender instruction and723
facilities and to offer students and parents residing in the724
district the option of a single-gender education.725

       (H) That, except as otherwise provided under division (B) of726
this section or section 3314.061 of the Revised Code, if the 727
number of applicants exceeds the capacity restrictions of division 728
(F) of this section, students shall be admitted by lot from all 729
those submitting applications, except preference shall be given to 730
students attending the school the previous year and to students 731
who reside in the district in which the school is located. 732
Preference may be given to siblings of students attending the 733
school the previous year.734

       Notwithstanding divisions (A) to (H) of this section, in the 735
event the racial composition of the enrollment of the community 736
school is violative of a federal desegregation order, the737
community school shall take any and all corrective measures to738
comply with the desegregation order.739

       Sec. 3332.09.  The state board of career colleges and schools 740
may limit, suspend, revoke, or refuse to issue or renew a 741
certificate of registration or program authorization or may impose 742
a penalty pursuant to section 3332.091 of the Revised Code for any 743
one or combination of the following causes:744

       (A) Violation of any provision of sections 3332.01 to 3332.09 745
of the Revised Code, the board's minimum standards, or any rule 746
made by the board;747

       (B) Furnishing of false, misleading, deceptive, altered, or748
incomplete information or documents to the board;749

       (C) The signing of an application or the holding of a750
certificate of registration by a person who has pleaded guilty or751
has been found guilty of a felony or has pleaded guilty or been752
found guilty of a crime involving moral turpitude;753

       (D) The signing of an application or the holding of a754
certificate of registration by a person who is addicted to the use755
of any controlled substance, or who is found to be mentally756
incompetent;757

       (E) Violation of any commitment made in an application for a758
certificate of registration or program authorization;759

       (F) Presenting to prospective students, either at the time of 760
solicitation or enrollment, or through advertising, mail761
circulars, or phone solicitation, misleading, deceptive, false, or762
fraudulent information relating to any program, employment763
opportunity, or opportunities for enrollment in accredited764
institutions of higher education after entering or completing765
programs offered by the holder of a certificate of registration;766

       (G) Failure to provide or maintain premises or equipment for767
offering programs in a safe and sanitary condition;768

       (H) Refusal by an agent to display the agent's permit upon769
demand of a prospective student or other interested person;770

       (I) Failure to maintain financial resources adequate for the771
satisfactory conduct of programs as presented in the plan of772
operation or to retain a sufficient number and qualified staff of773
instruction, except that nothing in this chapter requires an774
instructor to be licensed by the state board of education or to775
hold any type of post-high school degree;776

       (J) Offering training or programs other than those presented777
in the application, except that schools may offer special courses778
adapted to the needs of individual students when the special779
courses are in the subject field specified in the application;780

       (K) Discrimination in the acceptance of students upon the781
basis of sexual orientation or gender identity as those terms are 782
defined in section 4112.01 of the Revised Code, race, color, 783
religion, sex, or national origin;784

       (L) Accepting the services of an agent not holding a valid785
permit issued under section 3332.10 or 3332.11 of the Revised786
Code;787

       (M) The use of monetary or other valuable consideration by788
the school's agents or representatives to induce prospective789
students to enroll in the school, or the practice of awarding790
monetary or other valuable considerations without board approval791
to students in exchange for procuring the enrollment of others;792

       (N) Failure to provide at the request of the board, any793
information, records, or files pertaining to the operation of the794
school or recruitment and enrollment of students.795

       If the board modifies or adopts additional minimum standards796
or rules pursuant to section 3332.031 of the Revised Code, all797
schools and agents shall have sixty days from the effective date798
of the modifications or additional standards or rules to comply799
with such modifications or additions.800

       Sec. 3721.13.  (A) The rights of residents of a home shall801
include, but are not limited to, the following:802

       (1) The right to a safe and clean living environment pursuant 803
to the medicare and medicaid programs and applicable state laws 804
and regulations prescribed by the public health council;805

       (2) The right to be free from physical, verbal, mental, and806
emotional abuse and to be treated at all times with courtesy,807
respect, and full recognition of dignity and individuality;808

       (3) Upon admission and thereafter, the right to adequate and809
appropriate medical treatment and nursing care and to other810
ancillary services that comprise necessary and appropriate care811
consistent with the program for which the resident contracted.812
This care shall be provided without regard to considerations such813
as sexual orientation or gender identity as those terms are 814
defined in section 4112.01 of the Revised Code, race, color, 815
religion, national origin, age, or source of payment for care.816

       (4) The right to have all reasonable requests and inquiries817
responded to promptly;818

       (5) The right to have clothes and bed sheets changed as the819
need arises, to ensure the resident's comfort or sanitation;820

       (6) The right to obtain from the home, upon request, the name 821
and any specialty of any physician or other person responsible for 822
the resident's care or for the coordination of care;823

       (7) The right, upon request, to be assigned, within the824
capacity of the home to make the assignment, to the staff825
physician of the resident's choice, and the right, in accordance826
with the rules and written policies and procedures of the home, to827
select as the attending physician a physician who is not on the828
staff of the home. If the cost of a physician's services is to be829
met under a federally supported program, the physician shall meet830
the federal laws and regulations governing such services.831

       (8) The right to participate in decisions that affect the832
resident's life, including the right to communicate with the833
physician and employees of the home in planning the resident's834
treatment or care and to obtain from the attending physician835
complete and current information concerning medical condition,836
prognosis, and treatment plan, in terms the resident can837
reasonably be expected to understand; the right of access to all838
information in the resident's medical record; and the right to839
give or withhold informed consent for treatment after the840
consequences of that choice have been carefully explained. When841
the attending physician finds that it is not medically advisable842
to give the information to the resident, the information shall be843
made available to the resident's sponsor on the resident's behalf,844
if the sponsor has a legal interest or is authorized by the845
resident to receive the information. The home is not liable for a846
violation of this division if the violation is found to be the847
result of an act or omission on the part of a physician selected848
by the resident who is not otherwise affiliated with the home.849

       (9) The right to withhold payment for physician visitation if 850
the physician did not visit the resident;851

       (10) The right to confidential treatment of personal and852
medical records, and the right to approve or refuse the release of853
these records to any individual outside the home, except in case854
of transfer to another home, hospital, or health care system, as855
required by law or rule, or as required by a third-party payment856
contract;857

       (11) The right to privacy during medical examination or858
treatment and in the care of personal or bodily needs;859

       (12) The right to refuse, without jeopardizing access to860
appropriate medical care, to serve as a medical research subject;861

       (13) The right to be free from physical or chemical862
restraints or prolonged isolation except to the minimum extent863
necessary to protect the resident from injury to self, others, or864
to property and except as authorized in writing by the attending865
physician for a specified and limited period of time and866
documented in the resident's medical record. Prior to authorizing867
the use of a physical or chemical restraint on any resident, the868
attending physician shall make a personal examination of the869
resident and an individualized determination of the need to use870
the restraint on that resident.871

       Physical or chemical restraints or isolation may be used in872
an emergency situation without authorization of the attending873
physician only to protect the resident from injury to self or874
others. Use of the physical or chemical restraints or isolation875
shall not be continued for more than twelve hours after the onset876
of the emergency without personal examination and authorization by877
the attending physician. The attending physician or a staff878
physician may authorize continued use of physical or chemical879
restraints for a period not to exceed thirty days, and at the end880
of this period and any subsequent period may extend the881
authorization for an additional period of not more than thirty882
days. The use of physical or chemical restraints shall not be883
continued without a personal examination of the resident and the884
written authorization of the attending physician stating the885
reasons for continuing the restraint.886

       If physical or chemical restraints are used under this887
division, the home shall ensure that the restrained resident888
receives a proper diet. In no event shall physical or chemical889
restraints or isolation be used for punishment, incentive, or890
convenience.891

       (14) The right to the pharmacist of the resident's choice and 892
the right to receive pharmaceutical supplies and services at893
reasonable prices not exceeding applicable and normally accepted894
prices for comparably packaged pharmaceutical supplies and895
services within the community;896

       (15) The right to exercise all civil rights, unless the897
resident has been adjudicated incompetent pursuant to Chapter898
2111. of the Revised Code and has not been restored to legal899
capacity, as well as the right to the cooperation of the home's900
administrator in making arrangements for the exercise of the right901
to vote;902

       (16) The right of access to opportunities that enable the903
resident, at the resident's own expense or at the expense of a904
third-party payer, to achieve the resident's fullest potential,905
including educational, vocational, social, recreational, and906
habilitation programs;907

       (17) The right to consume a reasonable amount of alcoholic908
beverages at the resident's own expense, unless not medically909
advisable as documented in the resident's medical record by the910
attending physician or unless contradictory to written admission911
policies;912

       (18) The right to use tobacco at the resident's own expense913
under the home's safety rules and under applicable laws and rules914
of the state, unless not medically advisable as documented in the915
resident's medical record by the attending physician or unless916
contradictory to written admission policies;917

       (19) The right to retire and rise in accordance with the918
resident's reasonable requests, if the resident does not disturb919
others or the posted meal schedules and upon the home's request920
remains in a supervised area, unless not medically advisable as921
documented by the attending physician;922

       (20) The right to observe religious obligations and923
participate in religious activities; the right to maintain924
individual and cultural identity; and the right to meet with and925
participate in activities of social and community groups at the926
resident's or the group's initiative;927

       (21) The right upon reasonable request to private and928
unrestricted communications with the resident's family, social929
worker, and any other person, unless not medically advisable as930
documented in the resident's medical record by the attending931
physician, except that communications with public officials or932
with the resident's attorney or physician shall not be restricted. 933
Private and unrestricted communications shall include, but are not 934
limited to, the right to:935

       (a) Receive, send, and mail sealed, unopened correspondence;936

       (b) Reasonable access to a telephone for private937
communications;938

       (c) Private visits at any reasonable hour.939

       (22) The right to assured privacy for visits by the spouse,940
or if both are residents of the same home, the right to share a941
room within the capacity of the home, unless not medically942
advisable as documented in the resident's medical record by the943
attending physician;944

       (23) The right upon reasonable request to have room doors945
closed and to have them not opened without knocking, except in the946
case of an emergency or unless not medically advisable as947
documented in the resident's medical record by the attending948
physician;949

       (24) The right to retain and use personal clothing and a950
reasonable amount of possessions, in a reasonably secure manner,951
unless to do so would infringe on the rights of other residents or952
would not be medically advisable as documented in the resident's953
medical record by the attending physician;954

       (25) The right to be fully informed, prior to or at the time955
of admission and during the resident's stay, in writing, of the956
basic rate charged by the home, of services available in the home,957
and of any additional charges related to such services, including958
charges for services not covered under the medicare or medicaid959
program. The basic rate shall not be changed unless thirty days960
notice is given to the resident or, if the resident is unable to961
understand this information, to the resident's sponsor.962

       (26) The right of the resident and person paying for the care 963
to examine and receive a bill at least monthly for the resident's 964
care from the home that itemizes charges not included in the basic 965
rates;966

       (27)(a) The right to be free from financial exploitation;967

       (b) The right to manage the resident's own personal financial 968
affairs, or, if the resident has delegated this responsibility in969
writing to the home, to receive upon written request at least a 970
quarterly accounting statement of financial transactions made on 971
the resident's behalf. The statement shall include:972

       (i) A complete record of all funds, personal property, or973
possessions of a resident from any source whatsoever, that have974
been deposited for safekeeping with the home for use by the975
resident or the resident's sponsor;976

       (ii) A listing of all deposits and withdrawals transacted,977
which shall be substantiated by receipts which shall be available978
for inspection and copying by the resident or sponsor.979

       (28) The right of the resident to be allowed unrestricted980
access to the resident's property on deposit at reasonable hours,981
unless requests for access to property on deposit are so982
persistent, continuous, and unreasonable that they constitute a983
nuisance;984

       (29) The right to receive reasonable notice before the985
resident's room or roommate is changed, including an explanation986
of the reason for either change.987

       (30) The right not to be transferred or discharged from the988
home unless the transfer is necessary because of one of the989
following:990

       (a) The welfare and needs of the resident cannot be met in991
the home.992

       (b) The resident's health has improved sufficiently so that993
the resident no longer needs the services provided by the home.994

       (c) The safety of individuals in the home is endangered.995

       (d) The health of individuals in the home would otherwise be996
endangered.997

       (e) The resident has failed, after reasonable and appropriate 998
notice, to pay or to have the medicare or medicaid program pay on 999
the resident's behalf, for the care provided by the home. A 1000
resident shall not be considered to have failed to have the 1001
resident's care paid for if the resident has applied for medicaid, 1002
unless both of the following are the case:1003

       (i) The resident's application, or a substantially similar1004
previous application, has been denied by the county department of1005
job and family services.1006

       (ii) If the resident appealed the denial pursuant to division 1007
(C) of section 5101.35 of the Revised Code, the director of job 1008
and family services has upheld the denial.1009

       (f) The home's license has been revoked, the home is being1010
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,1011
or section 5155.31 of the Revised Code, or the home otherwise1012
ceases to operate.1013

       (g) The resident is a recipient of medicaid, and the home's1014
participation in the medicaid program is involuntarily terminated1015
or denied.1016

       (h) The resident is a beneficiary under the medicare program, 1017
and the home's participation in the medicare program is1018
involuntarily terminated or denied.1019

       (31) The right to voice grievances and recommend changes in1020
policies and services to the home's staff, to employees of the1021
department of health, or to other persons not associated with the1022
operation of the home, of the resident's choice, free from1023
restraint, interference, coercion, discrimination, or reprisal.1024
This right includes access to a residents' rights advocate, and1025
the right to be a member of, to be active in, and to associate1026
with persons who are active in organizations of relatives and1027
friends of nursing home residents and other organizations engaged1028
in assisting residents.1029

       (32) The right to have any significant change in the1030
resident's health status reported to the resident's sponsor. As1031
soon as such a change is known to the home's staff, the home shall1032
make a reasonable effort to notify the sponsor within twelve1033
hours.1034

       (B) A sponsor may act on a resident's behalf to assure that1035
the home does not deny the residents' rights under sections1036
3721.10 to 3721.17 of the Revised Code.1037

       (C) Any attempted waiver of the rights listed in division (A) 1038
of this section is void.1039

       Sec. 3905.55.  (A) Except as provided in division (B) of this 1040
section, an agent may charge a consumer a fee if all of the1041
following conditions are met:1042

       (1) The fee is disclosed to the consumer in a manner that1043
separately identifies the fee and the premium.1044

       (2) The fee is not calculated as a percentage of the premium.1045

       (3) The fee is not refunded, forgiven, waived, offset, or1046
reduced by any commission earned or received for any policy or1047
coverage sold.1048

       (4) The amount of the fee, and the consumer's obligation to1049
pay the fee, are not conditioned upon the occurrence of a future1050
event or condition, such as the purchase, cancellation, lapse,1051
declination, or nonrenewal of insurance.1052

       (5) The agent discloses to the consumer that the fee is being 1053
charged by the agent and not by the insurance company, that1054
neither state law nor the insurance company requires the agent to1055
charge the fee, and that the fee is not refundable.1056

       (6) The consumer consents to the fee.1057

       (7) The agent, in charging the fee, does not discriminate on1058
the basis of race, sex, national origin, religion, disability,1059
health status, age, marital status, military status, gender 1060
identity, or sexual orientation as those terms are defined in 1061
section 4112.01 of the Revised Code, or geographic location, and1062
does not unfairly discriminate between persons of essentially 1063
the same class and of essentially the same hazard or expectation 1064
of life.1065

       (B) A fee may not be charged for taking or submitting an1066
initial application for coverage with any one insurer or different1067
programs with the same insurer, or processing a change to an1068
existing policy, a cancellation, a claim, or a renewal, in1069
connection with any of the following personal lines policies:1070

       (1) Private passenger automobile;1071

       (2) Homeowners, including coverage for tenants or condominium 1072
owners, owner-occupied fire or dwelling property coverage, 1073
personal umbrella liability, or any other personal lines-related 1074
coverage whether sold as a separate policy or as an endorsement to 1075
another personal lines policy;1076

       (3) Individual life insurance;1077

       (4) Individual sickness or accident insurance;1078

       (5) Disability income policies;1079

       (6) Credit insurance products.1080

       (C) Notwithstanding any other provision of this section, an1081
agent may charge a fee for agent services in connection with a1082
policy issued on a no-commission basis, if the agent provides the1083
consumer with prior disclosure of the fee and of the services to1084
be provided.1085

       (D) In the event of a dispute between an agent and a consumer 1086
regarding any disclosure required by this section, the agent has 1087
the burden of proving that the disclosure was made.1088

       (E)(1) No person shall fail to comply with this section.1089

       (2) Whoever violates division (E)(1) of this section is1090
deemed to have engaged in an unfair and deceptive act or practice1091
in the business of insurance under sections 3901.19 to 3901.26 of1092
the Revised Code.1093

       (F) This section does not apply with respect to any expense1094
fee charged by a surety bail bond agent to cover the costs1095
incurred by the surety bail bond agent in executing the bail bond.1096

       Sec. 4111.17.  (A) No employer, including the state and1097
political subdivisions thereof, shall discriminate in the payment1098
of wages on the basis of sexual orientation or gender identity as 1099
those terms are defined in section 4112.01 of the Revised Code,1100
race, color, religion, sex, age, national origin, or ancestry by 1101
paying wages to any employee at a rate less than the rate at 1102
which the employer pays wages to another employee for equal work 1103
on jobs the performance of which requires equal skill, effort, 1104
and responsibility, and which are performed under similar 1105
conditions.1106

       (B) Nothing in this section prohibits an employer from paying 1107
wages to one employee at a rate different from that at which the 1108
employer pays another employee for the performance of equal work1109
under similar conditions on jobs requiring equal skill, effort,1110
and responsibility, when the payment is made pursuant to any of1111
the following:1112

       (1) A seniority system;1113

       (2) A merit system;1114

       (3) A system which measures earnings by the quantity or1115
quality of production;1116

       (4) A wage rate differential determined by any factor other1117
than sexual orientation or gender identity as those terms are 1118
defined in section 4112.01 of the Revised Code, race, color, 1119
religion, sex, age, national origin, or ancestry.1120

       (C) No employer shall reduce the wage rate of any employee in 1121
order to comply with this section.1122

       (D) The director of commerce shall carry out, administer, and 1123
enforce this section. Any employee discriminated against in1124
violation of this section may sue in any court of competent1125
jurisdiction to recover two times the amount of the difference1126
between the wages actually received and the wages received by a1127
person performing equal work for the employer, from the date of1128
the commencement of the violation, and for costs, including1129
attorney fees. The director may take an assignment of any such1130
wage claim in trust for such employee and sue in the employee's1131
behalf. In any civil action under this section, two or more1132
employees of the same employer may join as co-plaintiffs in one1133
action. The director may sue in one action for claims assigned to1134
the director by two or more employees of the same employer. No1135
agreement to work for a discriminatory wage constitutes a defense1136
for any civil or criminal action to enforce this section. No1137
employer shall discriminate against any employee because such1138
employee makes a complaint or institutes, or testifies in, any1139
proceeding under this section.1140

       (E) Any action arising under this section shall be initiated1141
within one year after the date of violation.1142

       Sec. 4112.01.  (A) As used in this chapter:1143

       (1) "Person" includes one or more individuals, partnerships,1144
associations, organizations, corporations, legal representatives,1145
trustees, trustees in bankruptcy, receivers, and other organized1146
groups of persons. "Person" also includes, but is not limited to,1147
any owner, lessor, assignor, builder, manager, broker,1148
salesperson, appraiser, agent, employee, lending institution, and1149
the state and all political subdivisions, authorities, agencies,1150
boards, and commissions of the state.1151

       (2) "Employer" includes the state, any political subdivision1152
of the state, any person employing four or more persons within 1153
the state, and any person acting directly or indirectly in the1154
interest of an employer, except that for purposes of 1155
discrimination based upon sexual orientation or gender identity, 1156
"employer" includes the state, any political subdivision of the 1157
state, any person employing fifteen or more persons within the 1158
state, and any person acting directly or indirectly in the 1159
interest of an employer.1160

       (3) "Employee" means an individual employed by any employer1161
but does not include any individual employed in the domestic1162
service of any person.1163

       (4) "Labor organization" includes any organization that1164
exists, in whole or in part, for the purpose of collective1165
bargaining or of dealing with employers concerning grievances,1166
terms or conditions of employment, or other mutual aid or1167
protection in relation to employment.1168

       (5) "Employment agency" includes any person regularly1169
undertaking, with or without compensation, to procure1170
opportunities to work or to procure, recruit, refer, or place1171
employees.1172

       (6) "Commission" means the Ohio civil rights commission1173
created by section 4112.03 of the Revised Code.1174

       (7) "Discriminate" includes segregate or separate.1175

       (8) "Unlawful discriminatory practice" means any act1176
prohibited by section 4112.02, 4112.021, or 4112.022 of the1177
Revised Code.1178

       (9) "Place of public accommodation" means any inn,1179
restaurant, eating house, barbershop, public conveyance by air,1180
land, or water, theater, store, other place for the sale of1181
merchandise, or any other place of public accommodation or1182
amusement of which the accommodations, advantages, facilities, or1183
privileges are available to the public.1184

       (10) "Housing accommodations" includes any building or1185
structure, or portion of a building or structure, that is used or1186
occupied or is intended, arranged, or designed to be used or1187
occupied as the home residence, dwelling, dwelling unit, or1188
sleeping place of one or more individuals, groups, or families1189
whether or not living independently of each other; and any vacant1190
land offered for sale or lease. "Housing accommodations" also1191
includes any housing accommodations held or offered for sale or1192
rent by a real estate broker, salesperson, or agent, by any other1193
person pursuant to authorization of the owner, by the owner, or by1194
the owner's legal representative.1195

       (11) "Restrictive covenant" means any specification limiting1196
the transfer, rental, lease, or other use of any housing1197
accommodations because of race, color, religion, sex, military 1198
status, familial status, national origin, disability, or ancestry, 1199
or any limitation based upon affiliation with or approval by any 1200
person, directly or indirectly, employing race, color, religion, 1201
sex, military status, familial status, national origin, 1202
disability, or ancestry as a condition of affiliation or approval.1203

       (12) "Burial lot" means any lot for the burial of deceased1204
persons within any public burial ground or cemetery, including,1205
but not limited to, cemeteries owned and operated by municipal1206
corporations, townships, or companies or associations incorporated1207
for cemetery purposes.1208

       (13) "Disability" means a physical or mental impairment that1209
substantially limits one or more major life activities, including1210
the functions of caring for one's self, performing manual tasks,1211
walking, seeing, hearing, speaking, breathing, learning, and1212
working; a record of a physical or mental impairment; or being1213
regarded as having a physical or mental impairment.1214

       (14) Except as otherwise provided in section 4112.021 of the1215
Revised Code, "age" means at least forty years old.1216

       (15) "Familial status" means either of the following:1217

       (a) One or more individuals who are under eighteen years of1218
age and who are domiciled with a parent or guardian having legal1219
custody of the individual or domiciled, with the written1220
permission of the parent or guardian having legal custody, with a1221
designee of the parent or guardian;1222

       (b) Any person who is pregnant or in the process of securing1223
legal custody of any individual who is under eighteen years of1224
age.1225

       (16)(a) Except as provided in division (A)(16)(b) of this1226
section, "physical or mental impairment" includes any of the1227
following:1228

       (i) Any physiological disorder or condition, cosmetic1229
disfigurement, or anatomical loss affecting one or more of the1230
following body systems: neurological; musculoskeletal; special1231
sense organs; respiratory, including speech organs;1232
cardiovascular; reproductive; digestive; genito-urinary; hemic and1233
lymphatic; skin; and endocrine;1234

       (ii) Any mental or psychological disorder, including, but not 1235
limited to, mental retardation, organic brain syndrome, emotional 1236
or mental illness, and specific learning disabilities;1237

       (iii) Diseases and conditions, including, but not limited to, 1238
orthopedic, visual, speech, and hearing impairments, cerebral1239
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,1240
cancer, heart disease, diabetes, human immunodeficiency virus1241
infection, mental retardation, emotional illness, drug addiction,1242
and alcoholism.1243

       (b) "Physical or mental impairment" does not include any of1244
the following:1245

       (i) Homosexuality and bisexuality;1246

       (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 1247
voyeurism, gender identity disorders not resulting from physical 1248
impairments, or other sexual behavior disorders;1249

       (iii) Compulsive gambling, kleptomania, or pyromania;1250

       (iv) Psychoactive substance use disorders resulting from the1251
current illegal use of a controlled substance or the current use1252
of alcoholic beverages.1253

       (17) "Dwelling unit" means a single unit of residence for a1254
family of one or more persons.1255

       (18) "Common use areas" means rooms, spaces, or elements1256
inside or outside a building that are made available for the use1257
of residents of the building or their guests, and includes, but is1258
not limited to, hallways, lounges, lobbies, laundry rooms, refuse1259
rooms, mail rooms, recreational areas, and passageways among and1260
between buildings.1261

       (19) "Public use areas" means interior or exterior rooms or1262
spaces of a privately or publicly owned building that are made1263
available to the general public.1264

       (20) "Controlled substance" has the same meaning as in1265
section 3719.01 of the Revised Code.1266

       (21) "Disabled tenant" means a tenant or prospective tenant1267
who is a person with a disability.1268

       (22) "Military status" means a person's status in "service in 1269
the uniformed services" as defined in section 5923.05 of the 1270
Revised Code.1271

       (23) "Sexual orientation" means actual or perceived, 1272
heterosexuality, homosexuality, or bisexuality.1273

       (24) "Gender identity" means the gender-related identity, 1274
appearance, or mannerisms or other gender-related characteristics 1275
of an individual, with or without regard to the individual's 1276
designated sex at birth.1277

       (B) For the purposes of divisions (A) to (F) of section1278
4112.02 of the Revised Code, the terms "because of sex" and "on1279
the basis of sex" include, but are not limited to, because of or1280
on the basis of pregnancy, any illness arising out of and1281
occurring during the course of a pregnancy, childbirth, or related1282
medical conditions. Women affected by pregnancy, childbirth, or1283
related medical conditions shall be treated the same for all1284
employment-related purposes, including receipt of benefits under1285
fringe benefit programs, as other persons not so affected but1286
similar in their ability or inability to work, and nothing in1287
division (B) of section 4111.17 of the Revised Code shall be1288
interpreted to permit otherwise. This division shall not be1289
construed to require an employer to pay for health insurance1290
benefits for abortion, except where the life of the mother would1291
be endangered if the fetus were carried to term or except where1292
medical complications have arisen from the abortion, provided that1293
nothing in this division precludes an employer from providing1294
abortion benefits or otherwise affects bargaining agreements in1295
regard to abortion.1296

       Sec. 4112.02.  It shall be an unlawful discriminatory1297
practice:1298

       (A) For any employer, because of the race, color, religion,1299
sex, sexual orientation, gender identity, military status, 1300
national origin, disability, age, or ancestry of any person, to 1301
discharge without just cause, to refuse to hire, or otherwise to 1302
discriminate against that person with respect to hire, tenure,1303
terms, conditions, or privileges of employment, or any matter1304
directly or indirectly related to employment.1305

       (B) For an employment agency or personnel placement service,1306
because of race, color, religion, sex, sexual orientation, gender 1307
identity, military status, national origin, disability, age, or 1308
ancestry, to do any of the following:1309

       (1) Refuse or fail to accept, register, classify properly, or 1310
refer for employment, or otherwise discriminate against any1311
person;1312

       (2) Comply with a request from an employer for referral of1313
applicants for employment if the request directly or indirectly1314
indicates that the employer fails to comply with the provisions of1315
sections 4112.01 to 4112.07 of the Revised Code.1316

       (C) For any labor organization to do any of the following:1317

       (1) Limit or classify its membership on the basis of race,1318
color, religion, sex, sexual orientation, gender identity,1319
military status, national origin, disability, age, or ancestry;1320

       (2) Discriminate against, limit the employment opportunities1321
of, or otherwise adversely affect the employment status, wages,1322
hours, or employment conditions of any person as an employee1323
because of race, color, religion, sex, sexual orientation, gender 1324
identity, military status, national origin, disability, age, or 1325
ancestry.1326

       (D) For any employer, labor organization, or joint1327
labor-management committee controlling apprentice training1328
programs to discriminate against any person because of race,1329
color, religion, sex, sexual orientation, gender identity,1330
military status, national origin, disability, or ancestry in1331
admission to, or employment in, any program established to1332
provide apprentice training.1333

       (E) Except where based on a bona fide occupational1334
qualification certified in advance by the commission, for any1335
employer, employment agency, personnel placement service, or labor1336
organization, prior to employment or admission to membership, to1337
do any of the following:1338

       (1) Elicit or attempt to elicit any information concerning1339
the race, color, religion, sex, sexual orientation, gender 1340
identity, military status, national origin, disability, age, or 1341
ancestry of an applicant for employment or membership;1342

       (2) Make or keep a record of the race, color, religion, sex, 1343
sexual orientation, gender identity, military status, national 1344
origin, disability, age, or ancestry of any applicant for1345
employment or membership;1346

       (3) Use any form of application for employment, or personnel1347
or membership blank, seeking to elicit information regarding race,1348
color, religion, sex, sexual orientation, gender identity,1349
military status, national origin, disability, age, or ancestry; 1350
but an employer holding a contract containing a1351
nondiscrimination clause with the government of the United1352
States, or any department or agency of that government, may1353
require an employee or applicant for employment to furnish1354
documentary proof of United States citizenship and may retain1355
that proof in the employer's personnel records and may use1356
photographic or fingerprint identification for security 1357
purposes;1358

       (4) Print or publish or cause to be printed or published any1359
notice or advertisement relating to employment or membership1360
indicating any preference, limitation, specification, or1361
discrimination, based upon race, color, religion, sex, sexual 1362
orientation, gender identity, military status, national origin, 1363
disability, age, or ancestry;1364

       (5) Announce or follow a policy of denying or limiting,1365
through a quota system or otherwise, employment or membership1366
opportunities of any group because of the race, color, religion,1367
sex, sexual orientation, gender identity, military status, 1368
national origin, disability, age, or ancestry of that group;1369

       (6) Utilize in the recruitment or hiring of persons any1370
employment agency, personnel placement service, training school or1371
center, labor organization, or any other employee-referring source1372
known to discriminate against persons because of their race,1373
color, religion, sex, sexual orientation, gender identity,1374
military status, national origin, disability, age, or ancestry.1375

       (F) For any person seeking employment to publish or cause to1376
be published any advertisement that specifies or in any manner1377
indicates that person's race, color, religion, sex, sexual 1378
orientation, gender identity, military status, national origin, 1379
disability, age, or ancestry, or expresses a limitation or1380
preference as to the race, color, religion, sex, sexual 1381
orientation, gender identity, military status, national origin,1382
disability, age, or ancestry of any prospective employer.1383

       (G) For any proprietor or any employee, keeper, or manager of 1384
a place of public accommodation to deny to any person, except for 1385
reasons applicable alike to all persons regardless of race, color, 1386
religion, sex, sexual orientation, gender identity, military 1387
status, national origin, disability, age, or ancestry, the full 1388
enjoyment of the accommodations, advantages, facilities, or 1389
privileges of the place of public accommodation.1390

       (H) For any person to do any of the following:1391

       (1) Refuse to sell, transfer, assign, rent, lease, sublease,1392
or finance housing accommodations, refuse to negotiate for the1393
sale or rental of housing accommodations, or otherwise deny or1394
make unavailable housing accommodations because of race, color,1395
religion, sex, sexual orientation, gender identity, military 1396
status, familial status, ancestry, disability, or national1397
origin;1398

       (2) Represent to any person that housing accommodations are1399
not available for inspection, sale, or rental, when in fact they1400
are available, because of race, color, religion, sex, sexual 1401
orientation, gender identity, military status, familial status, 1402
ancestry, disability, or national origin;1403

       (3) Discriminate against any person in the making or1404
purchasing of loans or the provision of other financial assistance1405
for the acquisition, construction, rehabilitation, repair, or1406
maintenance of housing accommodations, or any person in the making1407
or purchasing of loans or the provision of other financial1408
assistance that is secured by residential real estate, because of1409
race, color, religion, sex, sexual orientation, gender identity,1410
military status, familial status, ancestry, disability, or 1411
national origin or because of the racial composition of the1412
neighborhood in which the housing accommodations are located,1413
provided that the person, whether an individual, corporation, or1414
association of any type, lends money as one of the principal1415
aspects or incident to the person's principal business and not1416
only as a part of the purchase price of an owner-occupied1417
residence the person is selling nor merely casually or1418
occasionally to a relative or friend;1419

       (4) Discriminate against any person in the terms or1420
conditions of selling, transferring, assigning, renting, leasing,1421
or subleasing any housing accommodations or in furnishing1422
facilities, services, or privileges in connection with the1423
ownership, occupancy, or use of any housing accommodations,1424
including the sale of fire, extended coverage, or homeowners1425
insurance, because of race, color, religion, sex, sexual 1426
orientation, gender identity, military status, familial status,1427
ancestry, disability, or national origin or because of the racial1428
composition of the neighborhood in which the housing1429
accommodations are located;1430

       (5) Discriminate against any person in the terms or1431
conditions of any loan of money, whether or not secured by1432
mortgage or otherwise, for the acquisition, construction,1433
rehabilitation, repair, or maintenance of housing accommodations1434
because of race, color, religion, sex, sexual orientation, gender 1435
identity, military status, familial status, ancestry,1436
disability, or national origin or because of the racial1437
composition of the neighborhood in which the housing1438
accommodations are located;1439

       (6) Refuse to consider without prejudice the combined income1440
of both husband and wife for the purpose of extending mortgage1441
credit to a married couple or either member of a married couple;1442

       (7) Print, publish, or circulate any statement or1443
advertisement, or make or cause to be made any statement or1444
advertisement, relating to the sale, transfer, assignment, rental,1445
lease, sublease, or acquisition of any housing accommodations, or1446
relating to the loan of money, whether or not secured by mortgage1447
or otherwise, for the acquisition, construction, rehabilitation,1448
repair, or maintenance of housing accommodations, that indicates1449
any preference, limitation, specification, or discrimination based1450
upon race, color, religion, sex, sexual orientation, gender 1451
identity, military status, familial status, ancestry,1452
disability, or national origin, or an intention to make any such1453
preference, limitation, specification, or discrimination;1454

       (8) Except as otherwise provided in division (H)(8) or (17)1455
of this section, make any inquiry, elicit any information, make or1456
keep any record, or use any form of application containing1457
questions or entries concerning race, color, religion, sex, sexual 1458
orientation, gender identity, military status, familial status, 1459
ancestry, disability, or national origin in connection with the 1460
sale or lease of any housing accommodations or the loan of any 1461
money, whether or not secured by mortgage or otherwise, for the 1462
acquisition, construction, rehabilitation, repair, or maintenance 1463
of housing accommodations. Any person may make inquiries, and 1464
make and keep records, concerning race, color, religion, sex, 1465
sexual orientation, gender identity, military status, familial 1466
status, ancestry, disability, or national origin for the purpose 1467
of monitoring compliance with this chapter.1468

       (9) Include in any transfer, rental, or lease of housing1469
accommodations any restrictive covenant, or honor or exercise, or1470
attempt to honor or exercise, any restrictive covenant;1471

       (10) Induce or solicit, or attempt to induce or solicit, a1472
housing accommodations listing, sale, or transaction by1473
representing that a change has occurred or may occur with respect1474
to the racial, religious, sexual, sexual orientation, gender 1475
identity, military status, familial status, or ethnic1476
composition of the block, neighborhood, or other area in which1477
the housing accommodations are located, or induce or solicit, or1478
attempt to induce or solicit, a housing accommodations listing,1479
sale, or transaction by representing that the presence or1480
anticipated presence of persons of any race, color, religion,1481
sex, sexual orientation, gender identity, military status,1482
familial status, ancestry, disability, or national origin, in1483
the block, neighborhood, or other area will or may have results1484
including, but not limited to, the following:1485

       (a) The lowering of property values;1486

       (b) A change in the racial, religious, sexual, sexual 1487
orientation, gender identity, military status, familial status, 1488
or ethnic composition of the block, neighborhood, or other area;1489

       (c) An increase in criminal or antisocial behavior in the1490
block, neighborhood, or other area;1491

       (d) A decline in the quality of the schools serving the1492
block, neighborhood, or other area.1493

       (11) Deny any person access to or membership or participation 1494
in any multiple-listing service, real estate brokers' 1495
organization, or other service, organization, or facility relating 1496
to the business of selling or renting housing accommodations, or 1497
discriminate against any person in the terms or conditions of that 1498
access, membership, or participation, on account of race, color, 1499
religion, sex, sexual orientation, gender identity, military 1500
status, familial status, national origin, disability, or 1501
ancestry;1502

       (12) Coerce, intimidate, threaten, or interfere with any1503
person in the exercise or enjoyment of, or on account of that1504
person's having exercised or enjoyed or having aided or encouraged1505
any other person in the exercise or enjoyment of, any right1506
granted or protected by division (H) of this section;1507

       (13) Discourage or attempt to discourage the purchase by a1508
prospective purchaser of housing accommodations, by representing1509
that any block, neighborhood, or other area has undergone or might1510
undergo a change with respect to its religious, racial, sexual, 1511
sexual orientation, gender identity, military status, familial 1512
status, or ethnic composition;1513

       (14) Refuse to sell, transfer, assign, rent, lease, sublease, 1514
or finance, or otherwise deny or withhold, a burial lot from any 1515
person because of the race, color, sex, sexual orientation, gender 1516
identity, military status, familial status, age, ancestry, 1517
disability, or national origin of any prospective owner or user 1518
of the lot;1519

       (15) Discriminate in the sale or rental of, or otherwise make 1520
unavailable or deny, housing accommodations to any buyer or renter 1521
because of a disability of any of the following:1522

       (a) The buyer or renter;1523

       (b) A person residing in or intending to reside in the1524
housing accommodations after they are sold, rented, or made1525
available;1526

       (c) Any individual associated with the person described in1527
division (H)(15)(b) of this section.1528

       (16) Discriminate in the terms, conditions, or privileges of1529
the sale or rental of housing accommodations to any person or in1530
the provision of services or facilities to any person in1531
connection with the housing accommodations because of a disability1532
of any of the following:1533

       (a) That person;1534

       (b) A person residing in or intending to reside in the1535
housing accommodations after they are sold, rented, or made1536
available;1537

       (c) Any individual associated with the person described in1538
division (H)(16)(b) of this section.1539

       (17) Except as otherwise provided in division (H)(17) of this 1540
section, make an inquiry to determine whether an applicant for the 1541
sale or rental of housing accommodations, a person residing in or 1542
intending to reside in the housing accommodations after they are 1543
sold, rented, or made available, or any individual associated with 1544
that person has a disability, or make an inquiry to determine the 1545
nature or severity of a disability of the applicant or such a 1546
person or individual. The following inquiries may be made of all 1547
applicants for the sale or rental of housing accommodations, 1548
regardless of whether they have disabilities:1549

       (a) An inquiry into an applicant's ability to meet the1550
requirements of ownership or tenancy;1551

       (b) An inquiry to determine whether an applicant is qualified 1552
for housing accommodations available only to persons with 1553
disabilities or persons with a particular type of disability;1554

       (c) An inquiry to determine whether an applicant is qualified 1555
for a priority available to persons with disabilities or persons 1556
with a particular type of disability;1557

       (d) An inquiry to determine whether an applicant currently1558
uses a controlled substance in violation of section 2925.11 of the1559
Revised Code or a substantively comparable municipal ordinance;1560

       (e) An inquiry to determine whether an applicant at any time1561
has been convicted of or pleaded guilty to any offense, an element1562
of which is the illegal sale, offer to sell, cultivation,1563
manufacture, other production, shipment, transportation, delivery,1564
or other distribution of a controlled substance.1565

       (18)(a) Refuse to permit, at the expense of a person with a1566
disability, reasonable modifications of existing housing1567
accommodations that are occupied or to be occupied by the person1568
with a disability, if the modifications may be necessary to afford1569
the person with a disability full enjoyment of the housing1570
accommodations. This division does not preclude a landlord of1571
housing accommodations that are rented or to be rented to a1572
disabled tenant from conditioning permission for a proposed1573
modification upon the disabled tenant's doing one or more of the1574
following:1575

       (i) Providing a reasonable description of the proposed1576
modification and reasonable assurances that the proposed1577
modification will be made in a workerlike manner and that any1578
required building permits will be obtained prior to the1579
commencement of the proposed modification;1580

       (ii) Agreeing to restore at the end of the tenancy the1581
interior of the housing accommodations to the condition they were1582
in prior to the proposed modification, but subject to reasonable1583
wear and tear during the period of occupancy, if it is reasonable1584
for the landlord to condition permission for the proposed1585
modification upon the agreement;1586

       (iii) Paying into an interest-bearing escrow account that is1587
in the landlord's name, over a reasonable period of time, a1588
reasonable amount of money not to exceed the projected costs at1589
the end of the tenancy of the restoration of the interior of the1590
housing accommodations to the condition they were in prior to the1591
proposed modification, but subject to reasonable wear and tear1592
during the period of occupancy, if the landlord finds the account1593
reasonably necessary to ensure the availability of funds for the1594
restoration work. The interest earned in connection with an escrow 1595
account described in this division shall accrue to the benefit of 1596
the disabled tenant who makes payments into the account.1597

       (b) A landlord shall not condition permission for a proposed1598
modification upon a disabled tenant's payment of a security1599
deposit that exceeds the customarily required security deposit of1600
all tenants of the particular housing accommodations.1601

       (19) Refuse to make reasonable accommodations in rules,1602
policies, practices, or services when necessary to afford a person1603
with a disability equal opportunity to use and enjoy a dwelling1604
unit, including associated public and common use areas;1605

       (20) Fail to comply with the standards and rules adopted1606
under division (A) of section 3781.111 of the Revised Code;1607

       (21) Discriminate against any person in the selling,1608
brokering, or appraising of real property because of race, color,1609
religion, sex, sexual orientation, gender identity, military 1610
status, familial status, ancestry, disability, or national1611
origin;1612

       (22) Fail to design and construct covered multifamily1613
dwellings for first occupancy on or after June 30, 1992, in1614
accordance with the following conditions:1615

       (a) The dwellings shall have at least one building entrance1616
on an accessible route, unless it is impractical to do so because1617
of the terrain or unusual characteristics of the site.1618

       (b) With respect to dwellings that have a building entrance1619
on an accessible route, all of the following apply:1620

       (i) The public use areas and common use areas of the1621
dwellings shall be readily accessible to and usable by persons1622
with a disability.1623

       (ii) All the doors designed to allow passage into and within1624
all premises shall be sufficiently wide to allow passage by1625
persons with a disability who are in wheelchairs.1626

       (iii) All premises within covered multifamily dwelling units1627
shall contain an accessible route into and through the dwelling;1628
all light switches, electrical outlets, thermostats, and other1629
environmental controls within such units shall be in accessible1630
locations; the bathroom walls within such units shall contain1631
reinforcements to allow later installation of grab bars; and the1632
kitchens and bathrooms within such units shall be designed and1633
constructed in a manner that enables an individual in a wheelchair1634
to maneuver about such rooms.1635

       For purposes of division (H)(22) of this section, "covered1636
multifamily dwellings" means buildings consisting of four or more1637
units if such buildings have one or more elevators and ground1638
floor units in other buildings consisting of four or more units.1639

       (I) For any person to discriminate in any manner against any1640
other person because that person has opposed any unlawful1641
discriminatory practice defined in this section or because that1642
person has made a charge, testified, assisted, or participated in1643
any manner in any investigation, proceeding, or hearing under1644
sections 4112.01 to 4112.07 of the Revised Code.1645

       (J) For any person to aid, abet, incite, compel, or coerce1646
the doing of any act declared by this section to be an unlawful1647
discriminatory practice, to obstruct or prevent any person from1648
complying with this chapter or any order issued under it, or to1649
attempt directly or indirectly to commit any act declared by this1650
section to be an unlawful discriminatory practice.1651

       (K)(1) Nothing in division (H) of this section shall bar any1652
religious or denominational institution or organization, or any1653
nonprofit charitable or educational organization that is operated,1654
supervised, or controlled by or in connection with a religious1655
organization, from limiting the sale, rental, or occupancy of1656
housing accommodations that it owns or operates for other than a1657
commercial purpose to persons of the same religion, or from giving1658
preference in the sale, rental, or occupancy of such housing1659
accommodations to persons of the same religion, unless membership1660
in the religion is restricted on account of race, color, or1661
national origin.1662

       (2) Nothing in division (H) of this section shall bar any1663
bona fide private or fraternal organization that, incidental to1664
its primary purpose, owns or operates lodgings for other than a1665
commercial purpose, from limiting the rental or occupancy of the1666
lodgings to its members or from giving preference to its members.1667

       (3) Nothing in division (H) of this section limits the1668
applicability of any reasonable local, state, or federal1669
restrictions regarding the maximum number of occupants permitted1670
to occupy housing accommodations. Nothing in that division1671
prohibits the owners or managers of housing accommodations from1672
implementing reasonable occupancy standards based on the number1673
and size of sleeping areas or bedrooms and the overall size of a1674
dwelling unit, provided that the standards are not implemented to1675
circumvent the purposes of this chapter and are formulated,1676
implemented, and interpreted in a manner consistent with this1677
chapter and any applicable local, state, or federal restrictions1678
regarding the maximum number of occupants permitted to occupy1679
housing accommodations.1680

       (4) Nothing in division (H) of this section requires that1681
housing accommodations be made available to an individual whose1682
tenancy would constitute a direct threat to the health or safety1683
of other individuals or whose tenancy would result in substantial1684
physical damage to the property of others.1685

       (5) Nothing in division (H) of this section pertaining to1686
discrimination on the basis of familial status shall be construed1687
to apply to any of the following:1688

       (a) Housing accommodations provided under any state or1689
federal program that have been determined under the "Fair Housing1690
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as1691
amended, to be specifically designed and operated to assist1692
elderly persons;1693

       (b) Housing accommodations intended for and solely occupied1694
by persons who are sixty-two years of age or older;1695

       (c) Housing accommodations intended and operated for1696
occupancy by at least one person who is fifty-five years of age or1697
older per unit, as determined under the "Fair Housing Amendments1698
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.1699

       (L) Nothing in divisions (A) to (E) of this section shall be1700
construed to require a person with a disability to be employed or1701
trained under circumstances that would significantly increase the1702
occupational hazards affecting either the person with a1703
disability, other employees, the general public, or the facilities1704
in which the work is to be performed, or to require the employment1705
or training of a person with a disability in a job that requires1706
the person with a disability routinely to undertake any task, the1707
performance of which is substantially and inherently impaired by1708
the person's disability.1709

       (M) Nothing in divisions (H)(1) to (18) of this section shall 1710
be construed to require any person selling or renting property to 1711
modify the property in any way or to exercise a higher degree of 1712
care for a person with a disability, to relieve any person with a 1713
disability of any obligation generally imposed on all persons 1714
regardless of disability in a written lease, rental agreement, or 1715
contract of purchase or sale, or to forbid distinctions based on 1716
the inability to fulfill the terms and conditions, including 1717
financial obligations, of the lease, agreement, or contract.1718

       (N) An aggrieved individual may enforce the individual's1719
rights relative to discrimination on the basis of age as provided1720
for in this section by instituting a civil action, within one1721
hundred eighty days after the alleged unlawful discriminatory1722
practice occurred, in any court with jurisdiction for any legal or1723
equitable relief that will effectuate the individual's rights.1724

       A person who files a civil action under this division is1725
barred, with respect to the practices complained of, from1726
instituting a civil action under section 4112.14 of the Revised1727
Code and from filing a charge with the commission under section1728
4112.05 of the Revised Code.1729

       (O) With regard to age, it shall not be an unlawful1730
discriminatory practice and it shall not constitute a violation of1731
division (A) of section 4112.14 of the Revised Code for any1732
employer, employment agency, joint labor-management committee1733
controlling apprenticeship training programs, or labor1734
organization to do any of the following:1735

       (1) Establish bona fide employment qualifications reasonably1736
related to the particular business or occupation that may include1737
standards for skill, aptitude, physical capability, intelligence,1738
education, maturation, and experience;1739

       (2) Observe the terms of a bona fide seniority system or any1740
bona fide employee benefit plan, including, but not limited to, a1741
retirement, pension, or insurance plan, that is not a subterfuge1742
to evade the purposes of this section. However, no such employee1743
benefit plan shall excuse the failure to hire any individual, and1744
no such seniority system or employee benefit plan shall require or1745
permit the involuntary retirement of any individual, because of1746
the individual's age except as provided for in the "Age1747
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,1748
29 U.S.C.A. 623, as amended by the "Age Discrimination in1749
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.1750
623, as amended.1751

       (3) Retire an employee who has attained sixty-five years of1752
age who, for the two-year period immediately before retirement, is1753
employed in a bona fide executive or a high policymaking position,1754
if the employee is entitled to an immediate nonforfeitable annual1755
retirement benefit from a pension, profit-sharing, savings, or1756
deferred compensation plan, or any combination of those plans, of1757
the employer of the employee, which equals, in the aggregate, at1758
least forty-four thousand dollars, in accordance with the1759
conditions of the "Age Discrimination in Employment Act Amendment1760
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age1761
Discrimination in Employment Act Amendments of 1986," 100 Stat.1762
3342, 29 U.S.C.A. 631, as amended;1763

       (4) Observe the terms of any bona fide apprenticeship program 1764
if the program is registered with the Ohio apprenticeship council 1765
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is 1766
approved by the federal committee on apprenticeship of the United 1767
States department of labor.1768

       (P) Nothing in this chapter prohibiting age discrimination1769
and nothing in division (A) of section 4112.14 of the Revised Code1770
shall be construed to prohibit the following:1771

       (1) The designation of uniform age the attainment of which is 1772
necessary for public employees to receive pension or other1773
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,1774
or 5505. of the Revised Code;1775

       (2) The mandatory retirement of uniformed patrol officers of1776
the state highway patrol as provided in section 5505.16 of the1777
Revised Code;1778

       (3) The maximum age requirements for appointment as a patrol1779
officer in the state highway patrol established by section 5503.011780
of the Revised Code;1781

       (4) The maximum age requirements established for original1782
appointment to a police department or fire department in sections1783
124.41 and 124.42 of the Revised Code;1784

       (5) Any maximum age not in conflict with federal law that may 1785
be established by a municipal charter, municipal ordinance, or1786
resolution of a board of township trustees for original1787
appointment as a police officer or firefighter;1788

       (6) Any mandatory retirement provision not in conflict with1789
federal law of a municipal charter, municipal ordinance, or1790
resolution of a board of township trustees pertaining to police1791
officers and firefighters;1792

       (7) Until January 1, 1994, the mandatory retirement of any1793
employee who has attained seventy years of age and who is serving1794
under a contract of unlimited tenure, or similar arrangement1795
providing for unlimited tenure, at an institution of higher1796
education as defined in the "Education Amendments of 1980," 941797
Stat. 1503, 20 U.S.C.A. 1141(a).1798

       (Q)(1)(a) Except as provided in division (Q)(1)(b) of this1799
section, for purposes of divisions (A) to (E) of this section, a1800
disability does not include any physiological disorder or1801
condition, mental or psychological disorder, or disease or1802
condition caused by an illegal use of any controlled substance by1803
an employee, applicant, or other person, if an employer,1804
employment agency, personnel placement service, labor1805
organization, or joint labor-management committee acts on the1806
basis of that illegal use.1807

       (b) Division (Q)(1)(a) of this section does not apply to an1808
employee, applicant, or other person who satisfies any of the1809
following:1810

       (i) The employee, applicant, or other person has successfully 1811
completed a supervised drug rehabilitation program and no longer 1812
is engaging in the illegal use of any controlled substance, or the 1813
employee, applicant, or other person otherwise successfully has1814
been rehabilitated and no longer is engaging in that illegal use.1815

       (ii) The employee, applicant, or other person is1816
participating in a supervised drug rehabilitation program and no1817
longer is engaging in the illegal use of any controlled substance.1818

       (iii) The employee, applicant, or other person is erroneously 1819
regarded as engaging in the illegal use of any controlled 1820
substance, but the employee, applicant, or other person is not 1821
engaging in that illegal use.1822

       (2) Divisions (A) to (E) of this section do not prohibit an1823
employer, employment agency, personnel placement service, labor1824
organization, or joint labor-management committee from doing any1825
of the following:1826

       (a) Adopting or administering reasonable policies or1827
procedures, including, but not limited to, testing for the illegal1828
use of any controlled substance, that are designed to ensure that1829
an individual described in division (Q)(1)(b)(i) or (ii) of this1830
section no longer is engaging in the illegal use of any controlled1831
substance;1832

       (b) Prohibiting the illegal use of controlled substances and1833
the use of alcohol at the workplace by all employees;1834

       (c) Requiring that employees not be under the influence of1835
alcohol or not be engaged in the illegal use of any controlled1836
substance at the workplace;1837

       (d) Requiring that employees behave in conformance with the1838
requirements established under "The Drug-Free Workplace Act of1839
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;1840

       (e) Holding an employee who engages in the illegal use of any 1841
controlled substance or who is an alcoholic to the same1842
qualification standards for employment or job performance, and the1843
same behavior, to which the employer, employment agency, personnel1844
placement service, labor organization, or joint labor-management1845
committee holds other employees, even if any unsatisfactory1846
performance or behavior is related to an employee's illegal use of1847
a controlled substance or alcoholism;1848

       (f) Exercising other authority recognized in the "Americans1849
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,1850
as amended, including, but not limited to, requiring employees to1851
comply with any applicable federal standards.1852

       (3) For purposes of this chapter, a test to determine the1853
illegal use of any controlled substance does not include a medical1854
examination.1855

       (4) Division (Q) of this section does not encourage,1856
prohibit, or authorize, and shall not be construed as encouraging,1857
prohibiting, or authorizing, the conduct of testing for the1858
illegal use of any controlled substance by employees, applicants,1859
or other persons, or the making of employment decisions based on1860
the results of that type of testing.1861

       (R)(1) Nothing in this section shall prohibit any religious 1862
association, corporation, or society that is not organized for 1863
private profit, or any institution organized for educational 1864
purposes that is operated, supervised, or controlled by such a 1865
religious association, corporation, or society, from doing either 1866
of the following:1867

       (a) Limiting admission to or giving preference to persons of 1868
the same religion or denomination;1869

       (b) In matters related to sexual orientation or gender 1870
identity, taking any action with respect to education, 1871
employment, housing and real property, or use of facilities.1872

       (2) Division (R)(1) of this section shall not apply to 1873
secular business activities regularly carried on in which the 1874
religious association, corporation, or society engages if the 1875
conduct of those activities is unrelated to the religious and 1876
educational purposes for which the association, corporation, or 1877
society is organized.1878

       (S) Nothing in this section shall be construed to establish 1879
an unlawful employment practice based on actual or perceived 1880
gender identity due to the denial of access to shared shower or 1881
dressing facilities in which being seen unclothed is unavoidable, 1882
provided that the employer provides reasonable access to adequate 1883
facilities that are not inconsistent with an employee's gender 1884
identity as established with the employer at the time of initial 1885
employment or upon notification to the employer that the employee 1886
has undergone or is undergoing gender transition, whichever is 1887
later.1888

       (T) Nothing in this section shall be construed to require the 1889
construction of new or additional facilities.1890

       (U) Nothing in this section prohibits an employer from 1891
implementing, enforcing, or modifying a dress code or grooming 1892
standards not prohibited by other provisions of federal, state, or 1893
local law and requiring an employee, during the employee's hours 1894
at work, to adhere to the dress code or grooming standards, 1895
provided that the employer permits any employee who has undergone 1896
gender transition before being initially employed, and any 1897
employee who has notified the employer that the employee has 1898
undergone or is undergoing gender transition after being initially 1899
employed, to adhere to the same dress code or grooming standards 1900
to which the employee has transitioned or is transitioning.1901

       (V) Nothing in this section shall be construed to authorize 1902
or require any private employer, employment agency, or labor 1903
organization to implement quotas or affirmative action policies or 1904
programs, based on sexual orientation or gender identity.1905

       (W) Upon receiving certification of a bona fide occupational 1906
qualification from the commission, nothing in this section 1907
requires an employer, whose business is primarily religious in 1908
nature, to take any employment action that would compromise that 1909
business's religious purposes relating to sexual orientation or 1910
gender identity.1911

       (X)(1) It shall be an unlawful discriminatory practice for 1912
any employer, employment agency, or labor organization to limit, 1913
segregate, or classify its employees or applicants for employment 1914
in any way that would deprive or tend to deprive any individual of 1915
employment or otherwise adversely affect the status of the 1916
individual as an employee because of the individual's actual or 1917
perceived sexual orientation or gender identity.1918

       (2) The commission shall not collect statistics on actual or 1919
perceived sexual orientation or gender identity from any employer, 1920
employment agency, or labor organization nor compel any of them to 1921
collect such statistics.1922

       (3) Only disparate treatment claims, and not disparate impact 1923
claims, may be brought under this section on the basis of sexual 1924
orientation or gender identity. As used in division (X)(3) of this 1925
section, "disparate impact" means a facially neutral policy or 1926
practice that has a negative impact on a protected group.1927

       Sec. 4112.021.  (A) As used in this section:1928

       (1) "Credit" means the right granted by a creditor to a1929
person to defer payment of a debt, to incur debt and defer its1930
payment, or to purchase property or services and defer payment for 1931
the property or services.1932

       (2) "Creditor" means any person who regularly extends,1933
renews, or continues credit, any person who regularly arranges for 1934
the extension, renewal, or continuation of credit, or any assignee 1935
of an original creditor who participates in the decision to 1936
extend, renew, or continue credit, whether or not any interest or 1937
finance charge is required.1938

       (3) "Credit reporting agency" means any person who, for1939
monetary fees or dues or on a cooperative nonprofit basis,1940
regularly assembles or evaluates credit information for the1941
purpose of furnishing credit reports to creditors.1942

       (4) "Age" means any age of eighteen years or older.1943

       (B) It shall be an unlawful discriminatory practice:1944

       (1) For any creditor to do any of the following:1945

       (a) Discriminate against any applicant for credit in the1946
granting, withholding, extending, or renewing of credit, or in the 1947
fixing of the rates, terms, or conditions of any form of credit, 1948
on the basis of race, color, religion, age, sex, sexual 1949
orientation, gender identity, military status, marital status, 1950
national origin, disability, or ancestry, except that this1951
division shall not apply with respect to age in any real estate1952
transaction between a financial institution, a dealer in1953
intangibles, or an insurance company as defined in section 1954
5725.01 of the Revised Code and its customers;1955

       (b) Use or make any inquiry as to race, color, religion, age, 1956
sex, sexual orientation, gender identity, military status, 1957
marital status, national origin, disability, or ancestry for the 1958
purpose of limiting or specifying those persons to whom credit 1959
will be granted, except that an inquiry of marital status does 1960
not constitute discrimination for the purposes of this section 1961
if the inquiry is made for the purpose of ascertaining the 1962
creditor's rights and remedies applicable to the particular1963
extension of credit, and except that creditors are excepted from1964
this division with respect to any inquiry, elicitation of1965
information, record, or form of application required of a1966
particular creditor by any instrumentality or agency of the 1967
United States, or required of a particular creditor by any 1968
agency or instrumentality to enforce the "Civil Rights Act of 1969
1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);1970

       (c) Refuse to consider the sources of income of an applicant 1971
for credit, or disregard or ignore the income of an applicant, in 1972
whole or in part, on the basis of race, color, religion, age, sex, 1973
sexual orientation, gender identity, military status, marital 1974
status, disability, national origin, or ancestry;1975

       (d) Refuse to grant credit to an individual in any name that 1976
individual customarily uses, if it has been determined in the 1977
normal course of business that the creditor will grant credit to 1978
the individual;1979

       (e) Impose any special requirements or conditions, including, 1980
but not limited to, a requirement for co-obligors or1981
reapplication, upon any applicant or class of applicants on the1982
basis of race, color, religion, age, sex, sexual orientation, 1983
gender identity, military status, marital status, national 1984
origin, disability, or ancestry in circumstances where similar 1985
requirements or conditions are not imposed on other applicants 1986
similarly situated, unless the special requirements or conditions 1987
that are imposed with respect to age are the result of a real 1988
estate transaction exempted under division (B)(1)(a) of this 1989
section or are the result of programs that grant preferences to 1990
certain age groups administered by instrumentalities or agencies 1991
of the United States, a state, or a political subdivision of a 1992
state;1993

       (f) Fail or refuse to provide an applicant for credit a1994
written statement of the specific reasons for rejection of the1995
application if requested in writing by the applicant within sixty1996
days of the rejection. The creditor shall provide the written1997
statement of the specific reason for rejection within thirty days1998
after receipt of a request of that nature. For purposes of this 1999
section, a statement that the applicant was rejected solely on the 2000
basis of information received from a credit reporting agency or 2001
because the applicant failed to meet the standards required by the2002
creditor's credit scoring system, uniformly applied, shall2003
constitute a specific reason for rejection.2004

       (g) Fail or refuse to print on or firmly attach to each 2005
application for credit, in a type size no smaller than that used 2006
throughout most of the application form, the following notice: 2007
"The Ohio laws against discrimination require that all creditors 2008
make credit equally available to all credit worthy customers, and 2009
that credit reporting agencies maintain separate credit histories 2010
on each individual upon request. The Ohio civil rights commission 2011
administers compliance with this law." This notice is not required 2012
to be included in applications that have a multi-state 2013
distribution if the notice is mailed to the applicant with the 2014
notice of acceptance or rejection of the application.2015

       (h) Fail or refuse on the basis of race, color, religion,2016
age, sex, sexual orientation, gender identity, military status, 2017
marital status, national origin, disability, or ancestry to 2018
maintain, upon the request of the individual, a separate2019
account for each individual to whom credit is extended;2020

       (i) Fail or refuse on the basis of race, color, religion,2021
age, sex, sexual orientation, gender identity, military status, 2022
marital status, national origin, disability, or ancestry to 2023
maintain records on any account established after November 1,2024
1976, to furnish information on the accounts to credit2025
reporting agencies in a manner that clearly designates the2026
contractual liability for repayment as indicated on the2027
application for the account, and, if more than one individual is2028
contractually liable for repayment, to maintain records and2029
furnish information in the name of each individual. This division 2030
does not apply to individuals who are contractually liable only 2031
if the primary party defaults on the account.2032

       (2) For any credit reporting agency to do any of the 2033
following:2034

       (a) Fail or refuse on the basis of race, color, religion,2035
age, sex, sexual orientation, gender identity, military status, 2036
marital status, national origin, disability, or ancestry to 2037
maintain, upon the request of the individual, a separate file2038
on each individual about whom information is assembled or2039
evaluated;2040

       (b) Fail or refuse on the basis of race, color, religion,2041
age, sex, sexual orientation, gender identity, military status, 2042
marital status, national origin, disability, or ancestry to 2043
clearly note, maintain, and report any information furnished it 2044
under division (B)(1)(i) of this section.2045

       (C) This section does not prohibit a creditor from requesting 2046
the signature of both spouses to create a valid lien, pass clear 2047
title, or waive inchoate rights to property.2048

       (D) The rights granted by this section may be enforced by2049
aggrieved individuals by filing a civil action in a court of2050
common pleas within one hundred eighty days after the alleged2051
unlawful discriminatory practice occurred. Upon application by the 2052
plaintiff and in circumstances that the court considers just, the2053
court in which a civil action under this section is brought may 2054
appoint an attorney for the plaintiff and may authorize the 2055
commencement of a civil action upon proper showing without the 2056
payment of costs. If the court finds that an unlawful 2057
discriminatory practice prohibited by this section occurred or is 2058
about to occur, the court may grant relief that it considers 2059
appropriate, including a permanent or temporary injunction, 2060
temporary restraining order, or other order, and may award to the 2061
plaintiff compensatory and punitive damages of not less than one 2062
hundred dollars, together with attorney's fees and court costs.2063

       (E) Nothing contained in this section shall bar a creditor2064
from reviewing an application for credit on the basis of2065
established criteria used in the normal course of business for the 2066
determination of the credit worthiness of the individual applicant 2067
for credit, including the credit history of the applicant.2068

       Sec. 4112.04.  (A) The commission shall do all of the2069
following:2070

       (1) Establish and maintain a principal office in the city of 2071
Columbus and any other offices within the state that it considers 2072
necessary;2073

       (2) Appoint an executive director who shall serve at the2074
pleasure of the commission and be its principal administrative2075
officer. The executive director shall be paid a salary fixed2076
pursuant to Chapter 124. of the Revised Code.2077

       (3) Appoint hearing examiners and other employees and agents 2078
who it considers necessary and prescribe their duties subject to 2079
Chapter 124. of the Revised Code;2080

       (4) Adopt, promulgate, amend, and rescind rules to effectuate 2081
the provisions of this chapter and the policies and practice of 2082
the commission in connection with this chapter;2083

       (5) Formulate policies to effectuate the purposes of this2084
chapter and make recommendations to agencies and officers of the2085
state or political subdivisions to effectuate the policies;2086

       (6) Receive, investigate, and pass upon written charges made 2087
under oath of unlawful discriminatory practices;2088

       (7) Make periodic surveys of the existence and effect of2089
discrimination because of race, color, religion, sex, sexual 2090
orientation, gender identity, military status, familial status, 2091
national origin, disability, age, or ancestry on the enjoyment 2092
of civil rights by persons within the state;2093

       (8) Report, from time to time, but not less than once a year, 2094
to the general assembly and the governor, describing in detail the 2095
investigations, proceedings, and hearings it has conducted and 2096
their outcome, the decisions it has rendered, and the other work 2097
performed by it, which report shall include a copy of any surveys 2098
prepared pursuant to division (A)(7) of this section and shall 2099
include the recommendations of the commission as to legislative or 2100
other remedial action;2101

       (9) Prepare a comprehensive educational program, in2102
cooperation with the department of education, for the students of2103
the primary and secondary public schools of this state and for all 2104
other residents of this state that is designed to eliminate 2105
prejudice on the basis of race, color, religion, sex, military 2106
status, familial status, national origin, disability, age, or 2107
ancestry in this state, to further good will among those groups,2108
and to emphasize the origin of prejudice against those groups2109
and discrimination, itstheir harmful effects, and itstheir2110
incompatibility with American principles of equality and fair2111
play;2112

       (10) Receive progress reports from agencies,2113
instrumentalities, institutions, boards, commissions, and other2114
entities of this state or any of its political subdivisions and2115
their agencies, instrumentalities, institutions, boards,2116
commissions, and other entities regarding affirmative action2117
programs for the employment of persons against whom discrimination 2118
is prohibited by this chapter, or regarding any affirmative 2119
housing accommodations programs developed to eliminate or reduce 2120
an imbalance of race, color, religion, sex, sexual orientation, 2121
gender identity, military status, familial status, national 2122
origin, disability, or ancestry. All agencies, instrumentalities, 2123
institutions, boards, commissions, and other entities of this 2124
state or its political subdivisions, and all political 2125
subdivisions, that have undertaken affirmative action programs 2126
pursuant to a conciliation agreement with the commission, an 2127
executive order of the governor, any federal statute or rule, or 2128
an executive order of the president of the United States shall 2129
file progress reports with the commission annually on or before 2130
the first day of November. The commission shall analyze and 2131
evaluate the progress reports and report its findings annually to 2132
the general assembly on or before the thirtieth day of January of 2133
the year immediately following the receipt of the reports.2134

       (B) The commission may do any of the following:2135

       (1) Meet and function at any place within the state;2136

       (2) Initiate and undertake on its own motion investigations 2137
of problems of employment or housing accommodations 2138
discrimination;2139

       (3) Hold hearings, subpoena witnesses, compel their2140
attendance, administer oaths, take the testimony of any person2141
under oath, require the production for examination of any books2142
and papers relating to any matter under investigation or in2143
question before the commission, and make rules as to the issuance2144
of subpoenas by individual commissioners.2145

       (a) In conducting a hearing or investigation, the commission 2146
shall have access at all reasonable times to premises, records, 2147
documents, individuals, and other evidence or possible sources of 2148
evidence and may examine, record, and copy the premises, records, 2149
documents, and other evidence or possible sources of evidence and 2150
take and record the testimony or statements of the individuals as 2151
reasonably necessary for the furtherance of the hearing or 2152
investigation. In investigations, the commission shall comply with 2153
the fourth amendment to the United States Constitution relating to 2154
unreasonable searches and seizures. The commission or a member of 2155
the commission may issue subpoenas to compel access to or the 2156
production of premises, records, documents, and other evidence or 2157
possible sources of evidence or the appearance of individuals, and 2158
may issue interrogatories to a respondent, to the same extent and 2159
subject to the same limitations as would apply if the subpoenas or2160
interrogatories were issued or served in aid of a civil action in2161
a court of common pleas.2162

       (b) Upon written application by a respondent, the commission 2163
shall issue subpoenas in its name to the same extent and subject 2164
to the same limitations as subpoenas issued by the commission. 2165
Subpoenas issued at the request of a respondent shall show on 2166
their face the name and address of the respondent and shall state 2167
that they were issued at the respondent's request.2168

       (c) Witnesses summoned by subpoena of the commission are2169
entitled to the witness and mileage fees provided for under 2170
section 119.094 of the Revised Code.2171

       (d) Within five days after service of a subpoena upon any2172
person, the person may petition the commission to revoke or modify 2173
the subpoena. The commission shall grant the petition if it finds 2174
that the subpoena requires an appearance or attendance at an 2175
unreasonable time or place, that it requires production of2176
evidence that does not relate to any matter before the commission, 2177
that it does not describe with sufficient particularity the 2178
evidence to be produced, that compliance would be unduly onerous, 2179
or for other good reason.2180

       (e) In case of contumacy or refusal to obey a subpoena, the 2181
commission or person at whose request it was issued may petition 2182
for its enforcement in the court of common pleas in the county in 2183
which the person to whom the subpoena was addressed resides, was 2184
served, or transacts business.2185

       (4) Create local or statewide advisory agencies and2186
conciliation councils to aid in effectuating the purposes of this2187
chapter. The commission may itself, or it may empower these2188
agencies and councils to, do either or both of the following:2189

       (a) Study the problems of discrimination in all or specific 2190
fields of human relationships when based on race, color, religion, 2191
sex, sexual orientation, gender identity, military status, 2192
familial status, national origin, disability, age, or ancestry;2193

       (b) Foster through community effort, or otherwise, good will 2194
among the groups and elements of the population of the state.2195

       The agencies and councils may make recommendations to the2196
commission for the development of policies and procedures in2197
general. They shall be composed of representative citizens who2198
shall serve without pay, except that reimbursement for actual and2199
necessary traveling expenses shall be made to citizens who serve2200
on a statewide agency or council.2201

       (5) Issue any publications and the results of investigations 2202
and research that in its judgment will tend to promote good will 2203
and minimize or eliminate discrimination because of race, color, 2204
religion, sex, sexual orientation, gender identity, military 2205
status, familial status, national origin, disability, age, or 2206
ancestry.2207

       Sec. 4112.05.  (A) The commission, as provided in this2208
section, shall prevent any person from engaging in unlawful2209
discriminatory practices, provided that, before instituting the2210
formal hearing authorized by division (B) of this section, it2211
shall attempt, by informal methods of conference, conciliation,2212
mediation, and persuasion, to induce compliance with this chapter.2213

       (B)(1) Any person may file a charge with the commission2214
alleging that another person has engaged or is engaging in an2215
unlawful discriminatory practice. In the case of a charge alleging 2216
an unlawful discriminatory practice described in division (A), 2217
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in 2218
section 4112.021 or 4112.022 of the Revised Code, the charge shall 2219
be in writing and under oath and shall be filed with the 2220
commission within six months after the alleged unlawful 2221
discriminatory practice was committed. In the case of a charge 2222
alleging an unlawful discriminatory practice described in division 2223
(H) of section 4112.02 of the Revised Code, the charge shall be in 2224
writing and under oath and shall be filed with the commission 2225
within one year after the alleged unlawful discriminatory practice 2226
was committed.2227

       (2) Upon receiving a charge, the commission may initiate a2228
preliminary investigation to determine whether it is probable that 2229
an unlawful discriminatory practice has been or is being engaged 2230
in. The commission also may conduct, upon its own initiative and 2231
independent of the filing of any charges, a preliminary 2232
investigation relating to any of the unlawful discriminatory 2233
practices described in division (A), (B), (C), (D), (E), (F), (I), 2234
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of 2235
the Revised Code. Prior to a notification of a complainant under 2236
division (B)(4) of this section or prior to the commencement of 2237
informal methods of conference, conciliation, and persuasion under 2238
that division, the members of the commission and the officers and 2239
employees of the commission shall not make public in any manner 2240
and shall retain as confidential all information that was obtained 2241
as a result of or that otherwise pertains to a preliminary 2242
investigation other than one described in division (B)(3) of this 2243
section.2244

       (3)(a) Unless it is impracticable to do so and subject to its 2245
authority under division (B)(3)(d) of this section, the commission 2246
shall complete a preliminary investigation of a charge filed 2247
pursuant to division (B)(1) of this section that alleges an2248
unlawful discriminatory practice described in division (H) of2249
section 4112.02 of the Revised Code, and shall take one of the2250
following actions, within one hundred days after the filing of the 2251
charge:2252

       (i) Notify the complainant and the respondent that it is not 2253
probable that an unlawful discriminatory practice described in 2254
division (H) of section 4112.02 of the Revised Code has been or is 2255
being engaged in and that the commission will not issue a2256
complaint in the matter;2257

       (ii) Initiate a complaint and schedule it for informal2258
methods of conference, conciliation, and persuasion;2259

       (iii) Initiate a complaint and refer it to the attorney2260
general with a recommendation to seek a temporary or permanent2261
injunction or a temporary restraining order. If this action is2262
taken, the attorney general shall apply, as expeditiously as2263
possible after receipt of the complaint, to the court of common2264
pleas of the county in which the unlawful discriminatory practice2265
allegedly occurred for the appropriate injunction or order, and2266
the court shall hear and determine the application as2267
expeditiously as possible.2268

       (b) If it is not practicable to comply with the requirements 2269
of division (B)(3)(a) of this section within the one-hundred-day 2270
period described in that division, the commission shall notify the 2271
complainant and the respondent in writing of the reasons for the 2272
noncompliance.2273

       (c) Prior to the issuance of a complaint under division2274
(B)(3)(a)(ii) or (iii) of this section or prior to a notification2275
of the complainant and the respondent under division (B)(3)(a)(i)2276
of this section, the members of the commission and the officers2277
and employees of the commission shall not make public in any2278
manner and shall retain as confidential all information that was2279
obtained as a result of or that otherwise pertains to a2280
preliminary investigation of a charge filed pursuant to division2281
(B)(1) of this section that alleges an unlawful discriminatory2282
practice described in division (H) of section 4112.05 of the2283
Revised Code.2284

       (d) Notwithstanding the types of action described in2285
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the2286
issuance of a complaint or the referral of a complaint to the2287
attorney general and prior to endeavoring to eliminate an unlawful 2288
discriminatory practice described in division (H) of section 2289
4112.02 of the Revised Code by informal methods of conference, 2290
conciliation, and persuasion, the commission may seek a temporary 2291
or permanent injunction or a temporary restraining order in the 2292
court of common pleas of the county in which the unlawful 2293
discriminatory practice allegedly occurred.2294

       (4) If the commission determines after a preliminary2295
investigation other than one described in division (B)(3) of this2296
section that it is not probable that an unlawful discriminatory2297
practice has been or is being engaged in, it shall notify any2298
complainant under division (B)(1) of this section that it has so2299
determined and that it will not issue a complaint in the matter.2300
If the commission determines after a preliminary investigation2301
other than the one described in division (B)(3) of this section2302
that it is probable that an unlawful discriminatory practice has2303
been or is being engaged in, it shall endeavor to eliminate the2304
practice by informal methods of conference, conciliation, and2305
persuasion.2306

       (5) Nothing said or done during informal methods of2307
conference, conciliation, and persuasion under this section shall2308
be disclosed by any member of the commission or its staff or be2309
used as evidence in any subsequent hearing or other proceeding.2310
If, after a preliminary investigation and the use of informal2311
methods of conference, conciliation, and persuasion under this2312
section, the commission is satisfied that any unlawful2313
discriminatory practice will be eliminated, it may treat the2314
charge involved as being conciliated and enter that disposition on 2315
the records of the commission. If the commission fails to effect 2316
the elimination of an unlawful discriminatory practice by informal 2317
methods of conference, conciliation, and persuasion under this 2318
section and to obtain voluntary compliance with this chapter, the 2319
commission shall issue and cause to be served upon any person, 2320
including the respondent against whom a complainant has filed a 2321
charge pursuant to division (B)(1) of this section, a complaint 2322
stating the charges involved and containing a notice of an 2323
opportunity for a hearing before the commission, a member of the 2324
commission, or a hearing examiner at a place that is stated in the 2325
notice and that is located within the county in which the alleged 2326
unlawful discriminatory practice has occurred or is occurring or 2327
in which the respondent resides or transacts business. The hearing 2328
shall be held not less than thirty days after the service of the 2329
complaint upon the complainant, the aggrieved persons other than 2330
the complainant on whose behalf the complaint is issued, and the 2331
respondent, unless the complainant, an aggrieved person, or the 2332
respondent elects to proceed under division (A)(2) of section 2333
4112.051 of the Revised Code when that division is applicable. If 2334
a complaint pertains to an alleged unlawful discriminatory 2335
practice described in division (H) of section 4112.02 of the 2336
Revised Code, the complaint shall notify the complainant, an 2337
aggrieved person, and the respondent of the right of the 2338
complainant, an aggrieved person, or the respondent to elect to 2339
proceed with the administrative hearing process under this section 2340
or to proceed under division (A)(2) of section 4112.051 of the 2341
Revised Code.2342

       (6) The attorney general shall represent the commission at2343
any hearing held pursuant to division (B)(5) of this section and2344
shall present the evidence in support of the complaint.2345

       (7) Any complaint issued pursuant to division (B)(5) of this 2346
section after the filing of a charge under division (B)(1) of this 2347
section shall be so issued within one year after the complainant 2348
filed the charge with respect to an alleged unlawful2349
discriminatory practice.2350

       (C) Any complaint issued pursuant to division (B) of this2351
section may be amended by the commission, a member of the2352
commission, or the hearing examiner conducting a hearing under2353
division (B) of this section, at any time prior to or during the2354
hearing. The respondent has the right to file an answer or an2355
amended answer to the original and amended complaints and to2356
appear at the hearing in person, by attorney, or otherwise to2357
examine and cross-examine witnesses.2358

       (D) The complainant shall be a party to a hearing under2359
division (B) of this section, and any person who is an2360
indispensable party to a complete determination or settlement of a 2361
question involved in the hearing shall be joined. Any person who 2362
has or claims an interest in the subject of the hearing and in 2363
obtaining or preventing relief against the unlawful discriminatory 2364
practices complained of may be permitted, in the discretion of the 2365
person or persons conducting the hearing, to appear for the 2366
presentation of oral or written arguments.2367

       (E) In any hearing under division (B) of this section, the2368
commission, a member of the commission, or the hearing examiner2369
shall not be bound by the Rules of Evidence but, in ascertaining2370
the practices followed by the respondent, shall take into account2371
all reliable, probative, and substantial statistical or other2372
evidence produced at the hearing that may tend to prove the2373
existence of a predetermined pattern of employment or membership,2374
provided that nothing contained in this section shall be construed 2375
to authorize or require any person to observe the proportion that 2376
persons of any race, color, religion, sex, sexual orientation, 2377
gender identity, military status, familial status, national 2378
origin, disability, age, or ancestry bear to the total 2379
population or in accordance with any criterion other than the 2380
individual qualifications of the applicant.2381

       (F) The testimony taken at a hearing under division (B) of2382
this section shall be under oath and shall be reduced to writing2383
and filed with the commission. Thereafter, in its discretion, the 2384
commission, upon the service of a notice upon the complainant and 2385
the respondent that indicates an opportunity to be present, may 2386
take further testimony or hear argument.2387

       (G)(1) If, upon all reliable, probative, and substantial2388
evidence presented at a hearing under division (B) of this2389
section, the commission determines that the respondent has engaged 2390
in, or is engaging in, any unlawful discriminatory practice, 2391
whether against the complainant or others, the commission shall 2392
state its findings of fact and conclusions of law and shall issue 2393
and, subject to the provisions of Chapter 119. of the Revised 2394
Code, cause to be served on the respondent an order requiring the 2395
respondent to cease and desist from the unlawful discriminatory 2396
practice, requiring the respondent to take any further affirmative 2397
or other action that will effectuate the purposes of this chapter, 2398
including, but not limited to, hiring, reinstatement, or upgrading 2399
of employees with or without back pay, or admission or restoration 2400
to union membership, and requiring the respondent to report to the 2401
commission the manner of compliance. If the commission directs 2402
payment of back pay, it shall make allowance for interim earnings. 2403
If it finds a violation of division (H) of section 4112.02 of the 2404
Revised Code, the commission additionally shall require the 2405
respondent to pay actual damages and reasonable attorney's fees, 2406
and may award to the complainant punitive damages as follows:2407

       (a) If division (G)(1)(b) or (c) of this section does not2408
apply, punitive damages in an amount not to exceed ten thousand2409
dollars;2410

       (b) If division (G)(1)(c) of this section does not apply and 2411
if the respondent has been determined by a final order of the2412
commission or by a final judgment of a court to have committed one 2413
violation of division (H) of section 4112.02 of the Revised Code 2414
during the five-year period immediately preceding the date on 2415
which a complaint was issued pursuant to division (B) of this2416
section, punitive damages in an amount not to exceed twenty-five2417
thousand dollars;2418

       (c) If the respondent has been determined by a final order of 2419
the commission or by a final judgment of a court to have committed 2420
two or more violations of division (H) of section 4112.02 of the 2421
Revised Code during the seven-year period immediately preceding 2422
the date on which a complaint was issued pursuant to division (B) 2423
of this section, punitive damages in an amount not to exceed fifty 2424
thousand dollars.2425

       (2) Upon the submission of reports of compliance, the2426
commission may issue a declaratory order stating that the2427
respondent has ceased to engage in particular unlawful2428
discriminatory practices.2429

       (H) If the commission finds that no probable cause exists for 2430
crediting charges of unlawful discriminatory practices or if, upon 2431
all the evidence presented at a hearing under division (B) of this 2432
section on a charge, the commission finds that a respondent has 2433
not engaged in any unlawful discriminatory practice against the 2434
complainant or others, it shall state its findings of fact and 2435
shall issue and cause to be served on the complainant an order 2436
dismissing the complaint as to the respondent. A copy of the order 2437
shall be delivered in all cases to the attorney general and any 2438
other public officers whom the commission considers proper.2439

       (I) Until the time period for appeal set forth in division2440
(H) of section 4112.06 of the Revised Code expires, the2441
commission, subject to the provisions of Chapter 119. of the2442
Revised Code, at any time, upon reasonable notice, and in the2443
manner it considers proper, may modify or set aside, in whole or2444
in part, any finding or order made by it under this section.2445

       Sec. 4112.08.  This chapter shall be construed liberally for 2446
the accomplishment of its purposes, and any law inconsistent with 2447
any provision of this chapter shall not apply. Nothing contained 2448
in this chapter shall be considered to repeal any of the 2449
provisions of any law of this state relating to discrimination 2450
because of race, color, religion, sex, sexual orientation, gender 2451
identity, military status, familial status, disability, national 2452
origin, age, or ancestry, except that any person filing a charge 2453
under division (B)(1) of section 4112.05 of the Revised Code, 2454
with respect to the unlawful discriminatory practices complained 2455
of, is barred from instituting a civil action under section 2456
4112.14 or division (N) of section 4112.02 of the Revised Code. 2457
This chapter does not limit actions, procedures, and remedies 2458
afforded under federal law.2459

       Sec. 4117.19.  (A) Every employee organization that is2460
certified or recognized as a representative of public employees2461
under this chapter shall file with the state employment relations 2462
board a registration report that is signed by its president or 2463
other appropriate officer. The report shall be in a form 2464
prescribed by the board and accompanied by two copies of the2465
employee organization's constitution and bylaws. The board shall2466
accept a filing by a statewide, national, or international2467
employee organization of its constitution and bylaws in lieu of a2468
filing of the documents by each subordinate organization. The 2469
exclusive representative or other employee organization2470
originally filing its constitution and bylaws shall report,2471
promptly, to the board all changes or amendments to its2472
constitution and bylaws.2473

       (B) Every employee organization shall file with the board an 2474
annual report. The report shall be in a form prescribed by the 2475
board and shall contain the following information:2476

       (1) The names and addresses of the organization, any parent 2477
organization or organizations with which it is affiliated, and all 2478
organizationwide officers;2479

       (2) The name and address of its local agent for service of2480
process;2481

       (3) A general description of the public employees the2482
organization represents or seeks to represent;2483

       (4) The amounts of the initiation fee and monthly dues2484
members must pay;2485

       (5) A pledge, in a form prescribed by the board, that the2486
organization will comply with the laws of the state and that it2487
will accept members without regard to age, race, color, sex,2488
creed, religion, ancestry, or national origin,; disability, sexual 2489
orientation, gender identity, or military status, as those terms 2490
are defined in section 4112.01 of the Revised Code, military 2491
status as defined in that section,; or physical disability as 2492
provided by law:;2493

       (6) A financial report.2494

       (C) The constitution or bylaws of every employee organization 2495
shall do all of the following:2496

       (1) Require that the organization keep accurate accounts of 2497
all income and expenses, prepare an annual financial report, keep 2498
open for inspection by any member of the organization its2499
accounts, and make loans to officers and agents only on terms and2500
conditions available to all members;2501

       (2) Prohibit business or financial interests of its officers 2502
and agents, their spouses, minor children, parents, or otherwise, 2503
in conflict with the fiduciary obligation of such persons to the 2504
organization;2505

       (3) When specifically requested by the board, require every 2506
official who is designated as a fiscal officer of an employee 2507
organization and who is responsible for funds or other property of 2508
the organization or trust in which an organization is interested, 2509
or a subsidiary organization be bonded with the amount, scope, and 2510
form of the bond determined by the board;2511

       (4) Require periodic elections of officers by secret ballot 2512
subject to recognized safeguards concerning the equal right of all 2513
members to nominate, seek office, and vote in the elections, the 2514
right of individual members to participate in the affairs of the 2515
organization, and fair and equitable procedures in disciplinary 2516
actions.2517

       (D) The board shall prescribe rules necessary to govern the 2518
establishment and reporting of trusteeships over employee2519
organizations. The establishment of trusteeships is permissible2520
only if the constitution or bylaws of the organization set forth2521
reasonable procedures.2522

       (E) The board may withhold certification of an employee2523
organization that willfully refuses to register or file an annual2524
report or that willfully refuses to comply with other provisions2525
of this section. The board may revoke a certification of an2526
employee organization for willfully failing to comply with this2527
section. The board may enforce the prohibitions contained in this 2528
section by petitioning the court of common pleas of the county in 2529
which the violation occurs for an injunction. Persons complaining 2530
of a violation of this section shall file the complaint with the 2531
board.2532

       (F) Upon the written request to the board of any member of a 2533
certified employee organization and where the board determines the 2534
necessity for an audit, the board may require the employee2535
organization to provide a certified audit of its financial2536
records.2537

       (G) Any employee organization subject to the2538
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.2539
519, 29 U.S.C.A., 401, as amended, may file copies with the board2540
of all reports it is required to file under that act in lieu of2541
compliance with all parts of this section other than division (A)2542
of this section. The board shall accept a filing by a statewide,2543
national, or international employee organization of its reports in 2544
lieu of a filing of such reports by each subordinate organization.2545

       Sec. 4735.16.  (A) Every real estate broker licensed under2546
this chapter shall have and maintain a definite place of business2547
in this state and shall erect or maintain a sign on the premises2548
plainly stating that the licensee is a real estate broker. If the 2549
real estate broker maintains one or more branch offices, the real 2550
estate broker shall erect or maintain a sign at each branch office2551
plainly stating that the licensee is a real estate broker.2552

       (B)(1) Any licensed real estate broker or salesperson who2553
advertises to buy, sell, exchange, or lease real estate, or to 2554
engage in any act regulated by this chapter, including, but not 2555
limited to, any licensed real estate broker or salesperson who 2556
advertises to sell, exchange, or lease real estate that the 2557
licensee owns, shall be identified in the advertisement by name2558
and by indicating that the licensee is a real estate broker or 2559
real estate salesperson. Except a real estate salesperson who 2560
advertises the sale, exchange, or lease of real estate that the 2561
salesperson owns and that is not listed for sale, exchange, or 2562
lease with a real estate broker, any real estate salesperson who 2563
advertises, as provided in this section, also shall indicate in 2564
the advertisement the name of the broker under whom the 2565
salesperson is licensed and the fact that the salesperson's broker 2566
is a real estate broker. The name of the broker shall be displayed2567
in equal prominence with the name of the salesperson in the 2568
advertisement.2569

       (2) A real estate broker who is representing a seller under 2570
an exclusive right to sell or lease listing agreement shall not 2571
advertise such property to the public as "for sale by owner" or 2572
otherwise mislead the public to believe that the seller is not 2573
represented by a real estate broker.2574

       (3) If any real estate broker or real estate salesperson2575
advertises in a manner other than as provided in this section or 2576
the rules adopted under this section, that advertisement is 2577
prima-facie evidence of a violation under division (A)(21) of 2578
section 4735.18 of the Revised Code.2579

       When the superintendent determines that prima-facie evidence 2580
of a violation of division (A)(21) of section 4735.18 of the 2581
Revised Code or any of the rules adopted thereunder exists, the 2582
superintendent may do either of the following:2583

       (a) Initiate disciplinary action under section 4735.051 of 2584
the Revised Code for a violation of division (A)(21) of section 2585
4735.18 of the Revised Code, in accordance with Chapter 119. of2586
the Revised Code;2587

       (b) Personally, or by certified mail, serve a citation upon 2588
the licensee.2589

       (C)(1) Every citation served under this section shall give 2590
notice to the licensee of the alleged violation or violations 2591
charged and inform the licensee of the opportunity to request a 2592
hearing in accordance with Chapter 119. of the Revised Code. The 2593
citation also shall contain a statement of a fine of two hundred 2594
dollars per violation, not to exceed two thousand five hundred 2595
dollars per citation. All fines collected pursuant to this section 2596
shall be credited to the real estate recovery fund, created in the 2597
state treasury under section 4735.12 of the Revised Code.2598

       (2) If any licensee is cited three times within twelve2599
consecutive months, the superintendent shall initiate disciplinary2600
action pursuant to section 4735.051 of the Revised Code for any 2601
subsequent violation that occurs within the same twelve-month 2602
period.2603

       (3) If a licensee fails to request a hearing within thirty 2604
days of the date of service of the citation, or the licensee and 2605
the superintendent fail to reach an alternative agreement, the 2606
citation shall become final.2607

       (4) Unless otherwise indicated, the licensee named in a final2608
citation must meet all requirements contained in the final 2609
citation within thirty days of the effective date of that 2610
citation.2611

       (5) The superintendent shall suspend automatically a 2612
licensee's license if the licensee fails to comply with division 2613
(C)(4) of this section.2614

       (D) A real estate broker or salesperson obtaining the2615
signature of a party to a listing or other agreement involved in a 2616
real estate transaction shall furnish a copy of the listing or2617
other agreement to the party immediately after obtaining the2618
party's signature. Every broker's office shall prominently display 2619
in the same immediate area as licenses are displayed a statement2620
that it is illegal to discriminate against any person because of2621
race, color, religion, sex, national origin, or ancestry; or2622
familial status as defined in section 4112.01 of the Revised 2623
Code, national origin, military status as defined in that 2624
section, disability as defined in that section, gender identity,2625
or ancestrysexual orientation, as those terms are defined in 2626
section 4112.01 of the Revised Code, in the sale or rental of2627
housing or residential lots, in advertising the sale or rental 2628
of housing, in the financing of housing, or in the provision of 2629
real estate brokerage services and that blockbusting also is 2630
illegal. The statement shall bear the United States department 2631
of housing and urban development equal housing logo, shall 2632
contain the information that the broker and the broker's2633
salespersons are licensed by the division of real estate and 2634
professional licensing and that the division can assist with 2635
any consumer complaints or inquiries, and shall explain the2636
provisions of section 4735.12 of the Revised Code. The statement2637
shall provide the division's address and telephone number. The2638
Ohio real estate commission shall provide by rule for the 2639
wording and size of the statement. The pamphlet required under 2640
section 4735.03 of the Revised Code shall contain the same 2641
statement that is required on the statement displayed as provided 2642
in this section and shall be made available by real estate 2643
brokers and salespersons to their clients. The commission shall2644
provide the wording and size of the pamphlet.2645

       Sec. 4735.55.  (A) Each written agency agreement shall 2646
contain all of the following:2647

       (1) An expiration date;2648

       (2) A statement that it is illegal, pursuant to the Ohio fair 2649
housing law, division (H) of section 4112.02 of the Revised Code, 2650
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to 2651
sell, transfer, assign, rent, lease, sublease, or finance housing 2652
accommodations, refuse to negotiate for the sale or rental of 2653
housing accommodations, or otherwise deny or make unavailable 2654
housing accommodations because of race, color, religion, sex, 2655
national origin, or ancestry; or familial status as defined in 2656
section 4112.01 of the Revised Code, ancestry, military status as 2657
defined in that section, disability as defined in that section, 2658
gender identity, or national originsexual orientation, as those 2659
terms are defined in section 4112.01 of the Revised Code, or to 2660
so discriminate in advertising the sale or rental of housing, 2661
in the financing of housing, or in the provision of real estate 2662
brokerage services;2663

       (3) A statement defining the practice known as "blockbusting" 2664
and stating that it is illegal;2665

       (4) A copy of the United States department of housing and 2666
urban development equal housing opportunity logotype, as set forth 2667
in 24 C.F.R. 109.30.2668

       (B) Each written agency agreement shall contain a place for 2669
the licensee and the client to sign and date the agreement.2670

       (C) A licensee shall furnish a copy of any written agency 2671
agreement to a client in a timely manner after the licensee and 2672
the client have signed and dated it.2673

       Sec. 4757.07.  The counselor, social worker, and marriage and 2674
family therapist board and its professional standards committees 2675
shall not discriminate against any licensee, registrant, or 2676
applicant for a license or certificate of registration under this 2677
chapter because of the person's race, color, religion, sex, or2678
national origin,; disability, sexual orientation, or gender 2679
identity, as those terms are defined in section 4112.01 of the 2680
Revised Code,; or age. The board or committee, as appropriate,2681
shall afford a hearing to any person who files with the board or 2682
committee a statement alleging discrimination based on any of 2683
those reasons.2684

       Sec. 4758.16. The chemical dependency professionals board2685
shall not discriminate against any licensee, certificate holder,2686
or applicant for a license or certificate under this chapter2687
because of the individual's race, color, religion, gender, or2688
national origin,; disability, sexual orientation, or gender 2689
identity, as those terms are defined in section 4112.01 of the2690
Revised Code,; or age. The board shall afford a hearing to any2691
individual who files with the board a statement alleging2692
discrimination based on any of those reasons.2693

       Sec. 4765.18.  The state board of emergency medical services 2694
may suspend or revoke a certificate of accreditation or a 2695
certificate of approval issued under section 4765.17 of the2696
Revised Code for any of the following reasons:2697

       (A) Violation of this chapter or any rule adopted under it;2698

       (B) Furnishing of false, misleading, or incomplete2699
information to the board;2700

       (C) The signing of an application or the holding of a2701
certificate of accreditation by a person who has pleaded guilty to 2702
or has been convicted of a felony, or has pleaded guilty to or2703
been convicted of a crime involving moral turpitude;2704

       (D) The signing of an application or the holding of a2705
certificate of accreditation by a person who is addicted to the2706
use of any controlled substance or has been adjudicated2707
incompetent for that purpose by a court, as provided in section2708
5122.301 of the Revised Code;2709

       (E) Violation of any commitment made in an application for a 2710
certificate of accreditation or certificate of approval;2711

       (F) Presentation to prospective students of misleading,2712
false, or fraudulent information relating to the emergency medical 2713
services training program or emergency medical services continuing 2714
education program, employment opportunities, or opportunities for 2715
enrollment in accredited institutions of higher education after 2716
entering or completing courses offered by the operator of a 2717
program;2718

       (G) Failure to maintain in a safe and sanitary condition2719
premises and equipment used in conducting courses of study;2720

       (H) Failure to maintain financial resources adequate for the 2721
satisfactory conduct of courses of study or to retain a sufficient 2722
number of certified instructors;2723

       (I) Discrimination in the acceptance of students upon the2724
basis of sexual orientation or gender identity as those terms are 2725
defined in section 4112.01 of the Revised Code, race, color, 2726
religion, sex, or national origin.2727

       Sec. 5104.09.  (A)(1) Except as provided in rules adopted 2728
pursuant to division (D) of this section, no individual who has 2729
been convicted of or pleaded guilty to a violation described in 2730
division (A)(9) of section 109.572 of the Revised Code, a 2731
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, 2732
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.352733
of the Revised Code or a violation of an existing or former law 2734
or ordinance of any municipal corporation, this state, any other2735
state, or the United States that is substantially equivalent to2736
any of those violations, or two violations of section 4511.19 of 2737
the Revised Code during operation of the center or home shall be 2738
certified as an in-home aide or be employed in any capacity in or 2739
own or operate a child day-care center, type A family day-care 2740
home, type B family day-care home, or certified type B family 2741
day-care home.2742

       (2) Each employee of a child day-care center and type A home2743
and every person eighteen years of age or older residing in a type2744
A home shall sign a statement on forms prescribed by the director2745
of job and family services attesting to the fact that the employee2746
or resident person has not been convicted of or pleaded guilty to2747
any offense set forth in division (A)(1) of this section and that2748
no child has been removed from the employee's or resident 2749
person's home pursuant to section 2151.353 of the Revised Code. 2750
Each licensee of a type A home shall sign a statement on a form2751
prescribed by the director attesting to the fact that no person2752
who resides at the type A home and who is under the age of2753
eighteen has been adjudicated a delinquent child for committing a2754
violation of any section listed in division (A)(1) of this2755
section. The statements shall be kept on file at the center or2756
type A home.2757

       (3) Each in-home aide and every person eighteen years of age 2758
or older residing in a certified type B home shall sign a 2759
statement on forms prescribed by the director of job and family 2760
services attesting that the aide or resident person has not been2761
convicted of or pleaded guilty to any offense set forth in2762
division (A)(1) of this section and that no child has been removed 2763
from the aide's or resident person's home pursuant to section 2764
2151.353 of the Revised Code. Each authorized provider shall sign 2765
a statement on forms prescribed by the director attesting that 2766
the provider has not been convicted of or pleaded guilty to any 2767
offense set forth in division (A)(1) of this section and that no 2768
child has been removed from the provider's home pursuant to 2769
section 2151.353 of the Revised Code. Each authorized provider 2770
shall sign a statement on a form prescribed by the director 2771
attesting to the fact that no person who resides at the certified 2772
type B home and who is under the age of eighteen has been 2773
adjudicated a delinquent child for committing a violation of any 2774
section listed in division (A)(1) of this section. The statements 2775
shall be kept on file at the county department of job and family 2776
services.2777

       (4) Each administrator and licensee of a center or type A2778
home shall sign a statement on a form prescribed by the director2779
of job and family services attesting that the administrator or2780
licensee has not been convicted of or pleaded guilty to any2781
offense set forth in division (A)(1) of this section and that no2782
child has been removed from the administrator's or licensee's 2783
home pursuant to section 2151.353 of the Revised Code. The 2784
statement shall be kept on file at the center or type A home.2785

       (B) No in-home aide, no administrator, licensee, authorized2786
provider, or employee of a center, type A home, or certified type2787
B home, and no person eighteen years of age or older residing in a2788
type A home or certified type B home shall withhold information2789
from, or falsify information on, any statement required pursuant2790
to division (A)(2), (3), or (4) of this section.2791

       (C) No administrator, licensee, or child-care staff member2792
shall discriminate in the enrollment of children in a child2793
day-care center upon the basis of sexual orientation or gender 2794
identity as those terms are defined in section 4112.01 of the 2795
Revised Code, race, color, religion, sex, or national origin.2796

       (D) The director of job and family services shall adopt rules 2797
pursuant to Chapter 119. of the Revised Code to implement this 2798
section, including rules specifying exceptions to the prohibition 2799
in division (A) of this section for persons who have been 2800
convicted of an offense listed in that division but meet 2801
rehabilitation standards set by the department.2802

       Sec. 5107.26.  (A) As used in this section:2803

       (1) "Transitional child care" means publicly funded child 2804
care provided under division (A)(3) of section 5104.34 of the 2805
Revised Code.2806

       (2) "Transitional medicaid" means the medical assistance 2807
provided under section 5111.0115 of the Revised Code.2808

       (B) Except as provided in division (C) of this section, each 2809
member of an assistance group participating in Ohio works first is 2810
ineligible to participate in the program for six payment months if 2811
a county department of job and family services determines that a2812
member of the assistance group terminated the member's employment 2813
and each person who, on the day prior to the day a recipient 2814
begins to receive transitional child care or transitional2815
medicaid, was a member of the recipient's assistance group is 2816
ineligible to participate in Ohio works first for six payment2817
months if a county department determines that the recipient 2818
terminated the recipient's employment.2819

       (C) No assistance group member shall lose or be denied 2820
eligibility to participate in Ohio works first pursuant to 2821
division (B) of this section if the termination of employment was 2822
because an assistance group member or recipient of transitional 2823
child care or transitional medicaid secured comparable or better 2824
employment or the county department of job and family services 2825
certifies that the member or recipient terminated the employment2826
with just cause.2827

       Just cause includes the following:2828

       (1) Discrimination by an employer based on sexual orientation 2829
or gender identity as those terms are defined in section 4112.01 2830
of the Revised Code, age, race, sex, color, handicap, religious 2831
beliefs, or national origin;2832

       (2) Work demands or conditions that render continued2833
employment unreasonable, such as working without being paid on2834
schedule;2835

       (3) Employment that has become unsuitable due to any of the 2836
following:2837

       (a) The wage is less than the federal minimum wage;2838

       (b) The work is at a site subject to a strike or lockout, 2839
unless the strike has been enjoined under section 208 of the 2840
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.2841
178, as amended, an injunction has been issued under section 10 of 2842
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as 2843
amended, or an injunction has been issued under section 4117.16 of 2844
the Revised Code;2845

       (c) The documented degree of risk to the member or 2846
recipient's health and safety is unreasonable;2847

       (d) The member or recipient is physically or mentally unfit 2848
to perform the employment, as documented by medical evidence or by 2849
reliable information from other sources.2850

       (4) Documented illness of the member or recipient or of 2851
another assistance group member of the member or recipient 2852
requiring the presence of the member or recipient;2853

       (5) A documented household emergency;2854

       (6) Lack of adequate child care for children of the member or 2855
recipient who are under six years of age.2856

       Sec. 5111.31.  (A) Every provider agreement with the provider 2857
of a nursing facility or intermediate care facility for the 2858
mentally retarded shall:2859

       (1) Prohibit the provider from failing or refusing to retain 2860
as a patient any person because the person is, becomes, or may, as 2861
a patient in the facility, become a medicaid recipient. For the 2862
purposes of this division, a medicaid recipient who is a patient 2863
in a facility shall be considered a patient in the facility during 2864
any hospital stays totaling less than twenty-five days during any2865
twelve-month period. Recipients who have been identified by the2866
department of job and family services or its designee as requiring 2867
the level of care of an intermediate care facility for the 2868
mentally retarded shall not be subject to a maximum period of 2869
absences during which they are considered patients if prior 2870
authorization of the department for visits with relatives and 2871
friends and participation in therapeutic programs is obtained 2872
under rules adopted under section 5111.02 of the Revised Code.2873

       (2) Except as provided by division (B)(1) of this section, 2874
include any part of the facility that meets standards for 2875
certification of compliance with federal and state laws and rules 2876
for participation in the medicaid program.2877

       (3) Prohibit the provider from discriminating against any2878
patient on the basis of sexual orientation or gender identity as 2879
those terms are defined in section 4112.01 of the Revised Code,2880
race, color, sex, creed, or national origin.2881

       (4) Except as otherwise prohibited under section 5111.55 of 2882
the Revised Code, prohibit the provider from failing or refusing 2883
to accept a patient because the patient is, becomes, or may, as a 2884
patient in the facility, become a medicaid recipient if less than 2885
eighty per cent of the patients in the facility are medicaid 2886
recipients.2887

       (B)(1) Except as provided by division (B)(2) of this section, 2888
the following are not required to be included in a provider 2889
agreement unless otherwise required by federal law:2890

        (a) Beds added during the period beginning July 1, 1987, and 2891
ending July 1, 1993, to a nursing home licensed under Chapter 2892
3721. of the Revised Code;2893

        (b) Beds in an intermediate care facility for the mentally 2894
retarded that are designated for respite care under a medicaid 2895
waiver component operated pursuant to a waiver sought under 2896
section 5111.87 of the Revised Code.2897

        (2) If a provider chooses to include a bed specified in 2898
division (B)(1)(a) of this section in a provider agreement, the 2899
bed may not be removed from the provider agreement unless the 2900
provider withdraws the facility in which the bed is located from 2901
the medicaid program.2902

       (C) Nothing in this section shall bar a provider that is a 2903
religious organization operating a religious or denominational 2904
nursing facility or intermediate care facility for the mentally 2905
retarded from giving preference to persons of the same religion or 2906
denomination. Nothing in this section shall bar any provider from 2907
giving preference to persons with whom the provider has 2908
contracted to provide continuing care.2909

       (D) Nothing in this section shall bar the provider of a 2910
county home organized under Chapter 5155. of the Revised Code from 2911
admitting residents exclusively from the county in which the 2912
county home is located.2913

       (E) No provider of a nursing facility or intermediate care 2914
facility for the mentally retarded for which a provider agreement 2915
is in effect shall violate the provider contract obligations 2916
imposed under this section.2917

       (F) Nothing in divisions (A) and (C) of this section shall2918
bar a provider from retaining patients who have resided in the2919
provider's facility for not less than one year as private pay 2920
patients and who subsequently become medicaid recipients, but 2921
refusing to accept as a patient any person who is or may, as a 2922
patient in the facility, become a medicaid recipient, if all of 2923
the following apply:2924

       (1) The provider does not refuse to retain any patient who2925
has resided in the provider's facility for not less than one year 2926
as a private pay patient because the patient becomes a medicaid 2927
recipient, except as necessary to comply with division (F)(2) of 2928
this section;2929

       (2) The number of medicaid recipients retained under this2930
division does not at any time exceed ten per cent of all the2931
patients in the facility;2932

       (3) On July 1, 1980, all the patients in the facility were2933
private pay patients.2934

       Sec. 5119.61.  Any provision in this chapter that refers to a2935
board of alcohol, drug addiction, and mental health services also2936
refers to the community mental health board in an alcohol, drug2937
addiction, and mental health service district that has a community2938
mental health board.2939

       The director of mental health with respect to all facilities2940
and programs established and operated under Chapter 340. of the2941
Revised Code for mentally ill and emotionally disturbed persons,2942
shall do all of the following:2943

       (A) Adopt rules pursuant to Chapter 119. of the Revised Code2944
that may be necessary to carry out the purposes of Chapter 340.2945
and sections 5119.61 to 5119.63 of the Revised Code.2946

       (1) The rules shall include all of the following:2947

       (a) Rules governing a community mental health agency's2948
services under section 340.091 of the Revised Code to an2949
individual referred to the agency under division (C)(2) of section2950
173.35 of the Revised Code;2951

       (b) For the purpose of division (A)(16) of section 340.03 of2952
the Revised Code, rules governing the duties of mental health2953
agencies and boards of alcohol, drug addiction, and mental health2954
services under section 3722.18 of the Revised Code regarding2955
referrals of individuals with mental illness or severe mental2956
disability to adult care facilities and effective arrangements for2957
ongoing mental health services for the individuals. The rules2958
shall do at least the following:2959

       (i) Provide for agencies and boards to participate fully in2960
the procedures owners and managers of adult care facilities must2961
follow under division (A)(2) of section 3722.18 of the Revised2962
Code;2963

       (ii) Specify the manner in which boards are accountable for2964
ensuring that ongoing mental health services are effectively2965
arranged for individuals with mental illness or severe mental2966
disability who are referred by the board or mental health agency2967
under contract with the board to an adult care facility.2968

       (c) Rules governing a board of alcohol, drug addiction, and2969
mental health services when making a report to the director of2970
health under section 3722.17 of the Revised Code regarding the2971
quality of care and services provided by an adult care facility to2972
a person with mental illness or a severe mental disability.2973

       (2) Rules may be adopted to govern the method of paying a2974
community mental health facility, as defined in section 5111.0232975
of the Revised Code, for providing services listed in division (B) 2976
of that section. Such rules must be consistent with the contract 2977
entered into between the departments of job and family services 2978
and mental health under section 5111.91 of the Revised Code and 2979
include requirements ensuring appropriate service utilization.2980

       (B) Review and evaluate, and, taking into account the2981
findings and recommendations of the board of alcohol, drug2982
addiction, and mental health services of the district served by2983
the program and the requirements and priorities of the state2984
mental health plan, including the needs of residents of the2985
district now residing in state mental institutions, approve and2986
allocate funds to support community programs, and make2987
recommendations for needed improvements to boards of alcohol, drug2988
addiction, and mental health services;2989

       (C) Withhold state and federal funds for any program, in2990
whole or in part, from a board of alcohol, drug addiction, and2991
mental health services in the event of failure of that program to2992
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,2993
or 5119.62 of the Revised Code or rules of the department of2994
mental health. The director shall identify the areas of2995
noncompliance and the action necessary to achieve compliance. The2996
director shall offer technical assistance to the board to achieve2997
compliance. The director shall give the board a reasonable time2998
within which to comply or to present its position that it is in2999
compliance. Before withholding funds, a hearing shall be conducted3000
to determine if there are continuing violations and that either3001
assistance is rejected or the board is unable to achieve3002
compliance. Subsequent to the hearing process, if it is determined 3003
that compliance has not been achieved, the director may allocate 3004
all or part of the withheld funds to a public or private agency to 3005
provide the services not in compliance until the time that there 3006
is compliance. The director shall establish rules pursuant to 3007
Chapter 119. of the Revised Code to implement this division.3008

       (D) Withhold state or federal funds from a board of alcohol,3009
drug addiction, and mental health services that denies available3010
service on the basis of religion, race, color, creed, sex,3011
national origin, or age,; disability, sexual orientation, or 3012
gender identity, as those terms are defined in section 4112.01 3013
of the Revised Code,; developmental disability,; or the3014
inability to pay;3015

       (E) Provide consultative services to community mental health 3016
agencies with the knowledge and cooperation of the board of3017
alcohol, drug addiction, and mental health services;3018

       (F) Provide to boards of alcohol, drug addiction, and mental3019
health services state or federal funds, in addition to those3020
allocated under section 5119.62 of the Revised Code, for special3021
programs or projects the director considers necessary but for3022
which local funds are not available;3023

       (G) Establish criteria by which a board of alcohol, drug3024
addiction, and mental health services reviews and evaluates the3025
quality, effectiveness, and efficiency of services provided3026
through its community mental health plan. The criteria shall3027
include requirements ensuring appropriate service utilization. The3028
department shall assess a board's evaluation of services and the3029
compliance of each board with this section, Chapter 340. or3030
section 5119.62 of the Revised Code, and other state or federal3031
law and regulations. The department, in cooperation with the3032
board, periodically shall review and evaluate the quality,3033
effectiveness, and efficiency of services provided through each3034
board. The department shall collect information that is necessary3035
to perform these functions.3036

       (H) Develop and operate a community mental health information 3037
system.3038

       Boards of alcohol, drug abuse, and mental health services3039
shall submit information requested by the department in the form3040
and manner prescribed by the department. Information collected by3041
the department shall include, but not be limited to, all of the3042
following:3043

       (1) Information regarding units of services provided in whole 3044
or in part under contract with a board, including diagnosis and 3045
special needs, demographic information, the number of units of3046
service provided, past treatment, financial status, and service3047
dates in accordance with rules adopted by the department in3048
accordance with Chapter 119. of the Revised Code;3049

       (2) Financial information other than price or price-related3050
data regarding expenditures of boards and community mental health3051
agencies, including units of service provided, budgeted and actual3052
expenses by type, and sources of funds.3053

       Boards shall submit the information specified in division3054
(H)(1) of this section no less frequently than annually for each3055
client, and each time the client's case is opened or closed. The3056
department shall not collect any information for the purpose of3057
identifying by name any person who receives a service through a3058
board of alcohol, drug addiction, and mental health services,3059
except as required by state or federal law to validate appropriate3060
reimbursement. For the purposes of division (H)(1) of this3061
section, the department shall use an identification system that is3062
consistent with applicable nationally recognized standards.3063

       (I) Review each board's community mental health plan3064
submitted pursuant to section 340.03 of the Revised Code and3065
approve or disapprove it in whole or in part. Periodically, in3066
consultation with representatives of boards and after considering3067
the recommendations of the medical director, the director shall3068
issue criteria for determining when a plan is complete, criteria3069
for plan approval or disapproval, and provisions for conditional3070
approval. The factors that the director considers may include, but 3071
are not limited to, the following:3072

       (1) The mental health needs of all persons residing within3073
the board's service district, especially severely mentally3074
disabled children, adolescents, and adults;3075

       (2) The demonstrated quality, effectiveness, efficiency, and3076
cultural relevance of the services provided in each service3077
district, the extent to which any services are duplicative of3078
other available services, and whether the services meet the needs3079
identified above;3080

       (3) The adequacy of the board's accounting for the3081
expenditure of funds.3082

       If the director disapproves all or part of any plan, the3083
director shall provide the board an opportunity to present its3084
position. The director shall inform the board of the reasons for3085
the disapproval and of the criteria that must be met before the3086
plan may be approved. The director shall give the board a3087
reasonable time within which to meet the criteria, and shall offer3088
technical assistance to the board to help it meet the criteria.3089

       If the approval of a plan remains in dispute thirty days3090
prior to the conclusion of the fiscal year in which the board's3091
current plan is scheduled to expire, the board or the director may3092
request that the dispute be submitted to a mutually agreed upon3093
third-party mediator with the cost to be shared by the board and3094
the department. The mediator shall issue to the board and the3095
department recommendations for resolution of the dispute. Prior to3096
the conclusion of the fiscal year in which the current plan is3097
scheduled to expire, the director, taking into consideration the3098
recommendations of the mediator, shall make a final determination3099
and approve or disapprove the plan, in whole or in part.3100

       Sec. 5123.351.  The director of mental retardation and3101
developmental disabilities, with respect to the eligibility for3102
state reimbursement of expenses incurred by facilities and3103
programs established and operated under Chapter 5126. of the3104
Revised Code for persons with mental retardation or a 3105
developmental disability, shall do all of the following:3106

       (A) Make rules that may be necessary to carry out the3107
purposes of Chapter 5126. and sections 5123.35, 5123.351, and3108
5123.36 of the Revised Code;3109

       (B) Define minimum standards for qualifications of personnel, 3110
professional services, and in-service training and educational 3111
leave programs;3112

       (C) Review and evaluate community programs and make3113
recommendations for needed improvements to county boards of mental 3114
retardation and developmental disabilities and to program3115
directors;3116

       (D) Withhold state reimbursement, in whole or in part, from 3117
any county or combination of counties for failure to comply with 3118
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code 3119
or rules of the department of mental retardation and developmental 3120
disabilities;3121

       (E) Withhold state funds from an agency, corporation, or3122
association denying or rendering service on the basis of race,3123
color, sex, religion, ancestry, or national origin,; disability, 3124
sexual orientation, or gender identity, as those terms are3125
defined in section 4112.01 of the Revised Code,; or inability to 3126
pay;3127

       (F) Provide consultative staff service to communities to3128
assist in ascertaining needs and in planning and establishing3129
programs.3130

       Sec. 5126.07.  No county board of mental retardation and3131
developmental disabilities or any agency, corporation, or3132
association under contract with a county board of mental3133
retardation and developmental disabilities shall discriminate in3134
the provision of services under its authority or contract on the3135
basis of sexual orientation or gender identity as those terms are 3136
defined in section 4112.01 of the Revised Code, race, color, 3137
sex, creed, disability, national origin, or the inability to 3138
pay.3139

       Each county board of mental retardation and developmental3140
disabilities shall provide a plan of affirmative action describing 3141
its goals and methods for the provision of equal employment 3142
opportunities for all persons under its authority and shall ensure 3143
nondiscrimination in employment under its authority or contract on 3144
the basis of sexual orientation or gender identity as those terms 3145
are defined in section 4112.01 of the Revised Code, race, color, 3146
sex, creed, disability, or national origin.3147

       Sec. 5515.08.  (A) The department of transportation may 3148
contract to sell commercial advertising space within or on the 3149
outside surfaces of any building located within a roadside rest 3150
area under its jurisdiction in exchange for cash payment. Money 3151
the department receives under this section shall be deposited in 3152
the state treasury to the credit of the roadside rest area 3153
improvement fund, which is hereby created. The department shall 3154
use the money in the fund only to improve roadside rest areas in 3155
accordance with section 5529.06 of the Revised Code.3156

       (B) Advertising placed under this section shall comply with 3157
all of the following:3158

        (1) It shall not be libelous or obscene and shall not promote 3159
any illegal product or service.3160

        (2) It shall not promote illegal discrimination on the basis 3161
of the sexual orientation or gender identity as those terms are 3162
defined in section 4112.01 of the Revised Code, race, religion, 3163
national origin, handicap, age, or ancestry of any person.3164

        (3) It shall not support or oppose any candidate for 3165
political office or any political cause, issue, or organization.3166

        (4) It shall comply with any controlling federal or state 3167
regulations or restrictions.3168

        (5) To the extent physically and technically practical, it 3169
shall state that the advertisement is a paid commercial 3170
advertisement and that the state does not endorse the product or 3171
service promoted by the advertisement or make any representation 3172
about the accuracy of the advertisement or the quality or 3173
performance of the product or service promoted by the 3174
advertisement.3175

        (6) It shall conform to all applicable rules adopted by the 3176
director of transportation under division (E) of this section.3177

        (C) Contracts entered into under this section shall be 3178
awarded only to the qualified bidder who submits the highest 3179
responsive bid or according to uniformly applied rate classes.3180

        (D) No person, except an advertiser alleging a breach of 3181
contract or the improper awarding of a contract, has a cause of 3182
action against the state with respect to any contract or 3183
advertising authorized by this section. Under no circumstances is 3184
the state liable for consequential or noneconomic damages with 3185
respect to any contract or advertising authorized under this 3186
section.3187

       (E) The director, in accordance with Chapter 119. of the 3188
Revised Code, shall adopt rules to implement this section. The 3189
rules shall be consistent with the policy of protecting the safety 3190
of the traveling public and consistent with the national policy 3191
governing the use and control of such roadside rest areas. The 3192
rules shall regulate the awarding of contracts and may regulate 3193
the content, display, and other aspects of the commercial 3194
advertising authorized by this section.3195

       Sec. 5709.832.  The legislative authority of a county,3196
township, or municipal corporation that grants an exemption from3197
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,3198
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the3199
Revised Code shall develop policies to ensure that the recipient3200
of the exemption practices nondiscriminatory hiring in its3201
operations. As used in this section, "nondiscriminatory hiring"3202
means that no individual may be denied employment solely on the3203
basis of sexual orientation or gender identity as those terms are 3204
defined in section 4112.01 of the Revised Code, race, religion, 3205
sex, disability, color, national origin, or ancestry.3206

       Section 2.  That existing sections 9.03, 124.93, 125.111, 3207
340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3208
3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3209
3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 3210
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 3211
5104.09, 5107.26, 5111.31, 5119.61, 5123.351, 5126.07, 5515.08, 3212
and 5709.832 of the Revised Code are hereby repealed.3213