|
|
To amend section 4112.01 and to enact section 4113.12 | 1 |
of the Revised Code to expand the prohibition | 2 |
against discrimination because of or on the basis | 3 |
of sex to prohibit discrimination because of or on | 4 |
the basis of lactation and to require employers to | 5 |
allow an employee to express breast milk while at | 6 |
work. | 7 |
Section 1. That section 4112.01 be amended and section | 8 |
4113.12 of the Revised Code be enacted to read as follows: | 9 |
Sec. 4112.01. (A) As used in this chapter: | 10 |
(1) "Person" includes one or more individuals, partnerships, | 11 |
associations, organizations, corporations, legal representatives, | 12 |
trustees, trustees in bankruptcy, receivers, and other organized | 13 |
groups of persons. "Person" also includes, but is not limited to, | 14 |
any owner, lessor, assignor, builder, manager, broker, | 15 |
salesperson, appraiser, agent, employee, lending institution, and | 16 |
the state and all political subdivisions, authorities, agencies, | 17 |
boards, and commissions of the state. | 18 |
(2) "Employer" includes the state, any political subdivision | 19 |
of the state, any person employing four or more persons within the | 20 |
state, and any person acting directly or indirectly in the | 21 |
interest of an employer. | 22 |
(3) "Employee" means an individual employed by any employer | 23 |
but does not include any individual employed in the domestic | 24 |
service of any person. | 25 |
(4) "Labor organization" includes any organization that | 26 |
exists, in whole or in part, for the purpose of collective | 27 |
bargaining or of dealing with employers concerning grievances, | 28 |
terms or conditions of employment, or other mutual aid or | 29 |
protection in relation to employment. | 30 |
(5) "Employment agency" includes any person regularly | 31 |
undertaking, with or without compensation, to procure | 32 |
opportunities to work or to procure, recruit, refer, or place | 33 |
employees. | 34 |
(6) "Commission" means the Ohio civil rights commission | 35 |
created by section 4112.03 of the Revised Code. | 36 |
(7) "Discriminate" includes segregate or separate. | 37 |
(8) "Unlawful discriminatory practice" means any act | 38 |
prohibited by section 4112.02, 4112.021, or 4112.022 of the | 39 |
Revised Code. | 40 |
(9) "Place of public accommodation" means any inn, | 41 |
restaurant, eating house, barbershop, public conveyance by air, | 42 |
land, or water, theater, store, other place for the sale of | 43 |
merchandise, or any other place of public accommodation or | 44 |
amusement of which the accommodations, advantages, facilities, or | 45 |
privileges are available to the public. | 46 |
(10) "Housing accommodations" includes any building or | 47 |
structure, or portion of a building or structure, that is used or | 48 |
occupied or is intended, arranged, or designed to be used or | 49 |
occupied as the home residence, dwelling, dwelling unit, or | 50 |
sleeping place of one or more individuals, groups, or families | 51 |
whether or not living independently of each other; and any vacant | 52 |
land offered for sale or lease. "Housing accommodations" also | 53 |
includes any housing accommodations held or offered for sale or | 54 |
rent by a real estate broker, salesperson, or agent, by any other | 55 |
person pursuant to authorization of the owner, by the owner, or by | 56 |
the owner's legal representative. | 57 |
(11) "Restrictive covenant" means any specification limiting | 58 |
the transfer, rental, lease, or other use of any housing | 59 |
accommodations because of race, color, religion, sex, military | 60 |
status, familial status, national origin, disability, or ancestry, | 61 |
or any limitation based upon affiliation with or approval by any | 62 |
person, directly or indirectly, employing race, color, religion, | 63 |
sex, military status, familial status, national origin, | 64 |
disability, or ancestry as a condition of affiliation or approval. | 65 |
(12) "Burial lot" means any lot for the burial of deceased | 66 |
persons within any public burial ground or cemetery, including, | 67 |
but not limited to, cemeteries owned and operated by municipal | 68 |
corporations, townships, or companies or associations incorporated | 69 |
for cemetery purposes. | 70 |
(13) "Disability" means a physical or mental impairment that | 71 |
substantially limits one or more major life activities, including | 72 |
the functions of caring for one's self, performing manual tasks, | 73 |
walking, seeing, hearing, speaking, breathing, learning, and | 74 |
working; a record of a physical or mental impairment; or being | 75 |
regarded as having a physical or mental impairment. | 76 |
(14) Except as otherwise provided in section 4112.021 of the | 77 |
Revised Code, "age" means at least forty years old. | 78 |
(15) "Familial status" means either of the following: | 79 |
(a) One or more individuals who are under eighteen years of | 80 |
age and who are domiciled with a parent or guardian having legal | 81 |
custody of the individual or domiciled, with the written | 82 |
permission of the parent or guardian having legal custody, with a | 83 |
designee of the parent or guardian; | 84 |
(b) Any person who is pregnant or in the process of securing | 85 |
legal custody of any individual who is under eighteen years of | 86 |
age. | 87 |
(16)(a) Except as provided in division (A)(16)(b) of this | 88 |
section, "physical or mental impairment" includes any of the | 89 |
following: | 90 |
(i) Any physiological disorder or condition, cosmetic | 91 |
disfigurement, or anatomical loss affecting one or more of the | 92 |
following body systems: neurological; musculoskeletal; special | 93 |
sense organs; respiratory, including speech organs; | 94 |
cardiovascular; reproductive; digestive; genito-urinary; hemic and | 95 |
lymphatic; skin; and endocrine; | 96 |
(ii) Any mental or psychological disorder, including, but not | 97 |
limited to, mental retardation, organic brain syndrome, emotional | 98 |
or mental illness, and specific learning disabilities; | 99 |
(iii) Diseases and conditions, including, but not limited to, | 100 |
orthopedic, visual, speech, and hearing impairments, cerebral | 101 |
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 102 |
cancer, heart disease, diabetes, human immunodeficiency virus | 103 |
infection, mental retardation, emotional illness, drug addiction, | 104 |
and alcoholism. | 105 |
(b) "Physical or mental impairment" does not include any of | 106 |
the following: | 107 |
(i) Homosexuality and bisexuality; | 108 |
(ii) Transvestism, transsexualism, pedophilia, exhibitionism, | 109 |
voyeurism, gender identity disorders not resulting from physical | 110 |
impairments, or other sexual behavior disorders; | 111 |
(iii) Compulsive gambling, kleptomania, or pyromania; | 112 |
(iv) Psychoactive substance use disorders resulting from the | 113 |
current illegal use of a controlled substance or the current use | 114 |
of alcoholic beverages. | 115 |
(17) "Dwelling unit" means a single unit of residence for a | 116 |
family of one or more persons. | 117 |
(18) "Common use areas" means rooms, spaces, or elements | 118 |
inside or outside a building that are made available for the use | 119 |
of residents of the building or their guests, and includes, but is | 120 |
not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 121 |
rooms, mail rooms, recreational areas, and passageways among and | 122 |
between buildings. | 123 |
(19) "Public use areas" means interior or exterior rooms or | 124 |
spaces of a privately or publicly owned building that are made | 125 |
available to the general public. | 126 |
(20) "Controlled substance" has the same meaning as in | 127 |
section 3719.01 of the Revised Code. | 128 |
(21) "Disabled tenant" means a tenant or prospective tenant | 129 |
who is a person with a disability. | 130 |
(22) "Military status" means a person's status in "service in | 131 |
the uniformed services" as defined in section 5923.05 of the | 132 |
Revised Code. | 133 |
(23) "Aggrieved person" includes both of the following: | 134 |
(a) Any person who claims to have been injured by any | 135 |
unlawful discriminatory practice described in division (H) of | 136 |
section 4112.02 of the Revised Code; | 137 |
(b) Any person who believes that the person will be injured | 138 |
by, any unlawful discriminatory practice described in division (H) | 139 |
of section 4112.02 of the Revised Code that is about to occur. | 140 |
(B) For the purposes of divisions (A) to (F) of section | 141 |
4112.02 of the Revised Code, the terms "because of sex" and "on | 142 |
the basis of sex" include, but are not limited to, because of or | 143 |
on the basis of pregnancy, any illness arising out of and | 144 |
occurring during the course of a pregnancy, childbirth, lactation, | 145 |
or related medical conditions. Women affected by pregnancy, | 146 |
childbirth, lactation, or related medical conditions shall be | 147 |
treated the same for all employment-related purposes, including | 148 |
receipt of benefits under fringe benefit programs, as other | 149 |
persons not so affected but similar in their ability or inability | 150 |
to work, and nothing in division (B) of section 4111.17 of the | 151 |
Revised Code shall be interpreted to permit otherwise. This | 152 |
division shall not be construed to require an employer to pay for | 153 |
health insurance benefits for abortion, except where the life of | 154 |
the mother would be endangered if the fetus were carried to term | 155 |
or except where medical complications have arisen from the | 156 |
abortion, provided that nothing in this division precludes an | 157 |
employer from providing abortion benefits or otherwise affects | 158 |
bargaining agreements in regard to abortion. | 159 |
Sec. 4113.12. (A) An employer shall provide to each lactating | 160 |
employee reasonable, unpaid time each day to permit the lactating | 161 |
employee to express breast milk. To the extent possible and | 162 |
practicable, this time shall run concurrently with any break time | 163 |
already provided to the employee. | 164 |
(B) An employer shall permit a lactating employee to express | 165 |
breast milk in accordance with division (A) of this section for as | 166 |
long as the lactating employee can demonstrate that the employee | 167 |
is lactating. | 168 |
(C) An employer shall make a reasonable effort to provide a | 169 |
sanitary room or other area in close proximity to the work area, | 170 |
that is not a toilet stall, where a lactating employee can express | 171 |
breast milk in privacy. This location may include the employee's | 172 |
normal work area if the area meets the requirements of this | 173 |
division. | 174 |
(D) No employer shall violate division (A), (B), or (C) of | 175 |
this section. A violation of division (A), (B), or (C) of this | 176 |
section is an unlawful discriminatory practice under section | 177 |
4112.02 of the Revised Code. A woman who believes she is injured | 178 |
by a violation of division (A), (B), or (C) of this section may | 179 |
file a complaint with the Ohio civil rights commission in | 180 |
accordance with the requirements specified in section 4112.05 of | 181 |
the Revised Code. The commission shall follow the procedures | 182 |
specified in that section for complaints filed for violations of | 183 |
division (A) of section 4112.02 of the Revised Code, as | 184 |
appropriate, regarding that complaint. | 185 |
(E) The director of development, in consultation with the | 186 |
civil rights commission, shall provide information, whether in | 187 |
paper, electronic, internet, or other format, to connect employers | 188 |
with resources that provide information and assistance on | 189 |
appropriate current methods to accommodate lactating mothers in | 190 |
the workplace. | 191 |
Section 2. That existing section 4112.01 of the Revised Code | 192 |
is hereby repealed. | 193 |