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To enact section 4113.25 of the Revised Code to | 1 |
prohibit employment discrimination against | 2 |
smokers. | 3 |
Section 1. That section 4113.25 of the Revised Code be | 4 |
enacted to read as follows: | 5 |
Sec. 4113.25. (A) No employer shall discharge without just | 6 |
cause, refuse to hire, or otherwise discriminate against any | 7 |
person with respect to hire, tenure, terms, conditions, or | 8 |
privileges of employment, or any matter directly or indirectly | 9 |
related to employment, on the basis that the person smokes | 10 |
tobacco. | 11 |
(B) Nothing in this section shall prohibit an employer from | 12 |
adopting and enforcing rules that prohibit employees from smoking | 13 |
tobacco, or smelling like tobacco smoke, during the hours of | 14 |
employment. | 15 |
(C) Any person discriminated against as a result of a | 16 |
violation of division (A) of this section may sue in any court of | 17 |
competent jurisdiction to recover damages and costs, including | 18 |
attorney's fees, and to obtain injunctive relief or other | 19 |
appropriate relief. | 20 |
(D) Any action arising under this section shall be initiated | 21 |
within one year after the date of violation. | 22 |
(E) The director of commerce shall administer and | 23 |
administratively enforce this section and may adopt rules in | 24 |
accordance with Chapter 119. of the Revised Code for those | 25 |
purposes. | 26 |
(F) Whoever violates this section shall be fined twenty-five | 27 |
thousand dollars for the first offense, fifty thousand dollars for | 28 |
the second offense, and one hundred thousand dollars for each | 29 |
subsequent offense. | 30 |