As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 424

Representatives Celeste, Foley 

Cosponsors: Representatives Hagan, R., Ramos, Driehaus, Antonio, Cera, Clyde, Letson, Goyal, Yuko, Barnes, Reece, Garland, Murray, Patmon, Ashford 

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A BILL

To amend sections 4112.01, 4112.02, 4112.05, 4112.15,

1

and 4112.99 of the Revised Code to prohibit and

2

provide a penalty for posting an advertisement of

3

an employment position that discriminates on the

4

basis of an individual's unemployment status.

5

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

Section 1. That sections 4112.01, 4112.02, 4112.05, 4112.15,	6
and 4112.99 of the Revised Code be amended to read as follows:	7

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

8

(1) "Person" includes one or more individuals, partnerships,	9
associations, organizations, corporations, legal representatives,	10
trustees, trustees in bankruptcy, receivers, and other organized	11
groups of persons. "Person" also includes, but is not limited to,	12
any owner, lessor, assignor, builder, manager, broker,	13
salesperson, appraiser, agent, employee, lending institution, and	14
the state and all political subdivisions, authorities, agencies,	15
boards, and commissions of the state.	16

(2) "Employer" includes the state, any political subdivision	17
of the state, any person employing four or more persons within the	18
state, and any person acting directly or indirectly in the	19
interest of an employer.	20

(3) "Employee" means an individual employed by any employer	21
but does not include any individual employed in the domestic	22
service of any person.	23

(4) "Labor organization" includes any organization that	24
exists, in whole or in part, for the purpose of collective	25
bargaining or of dealing with employers concerning grievances,	26
terms or conditions of employment, or other mutual aid or	27
protection in relation to employment.	28

(5) "Employment agency" includes any person regularly	29
undertaking, with or without compensation, to procure	30
opportunities to work or to procure, recruit, refer, or place	31
employees.	32

(6) "Commission" means the Ohio civil rights commission	33
created by section 4112.03 of the Revised Code.	34

(7) "Discriminate" includes segregate or separate.

35

(8) "Unlawful discriminatory practice" means any act	36
prohibited by section 4112.02, 4112.021, or 4112.022 of the	37
Revised Code.	38

(9) "Place of public accommodation" means any inn,	39
restaurant, eating house, barbershop, public conveyance by air,	40
land, or water, theater, store, other place for the sale of	41
merchandise, or any other place of public accommodation or	42
amusement of which the accommodations, advantages, facilities, or	43
privileges are available to the public.	44

(10) "Housing accommodations" includes any building or	45
structure, or portion of a building or structure, that is used or	46
occupied or is intended, arranged, or designed to be used or	47
occupied as the home residence, dwelling, dwelling unit, or	48
sleeping place of one or more individuals, groups, or families	49
whether or not living independently of each other; and any vacant	50
land offered for sale or lease. "Housing accommodations" also	51
includes any housing accommodations held or offered for sale or	52
rent by a real estate broker, salesperson, or agent, by any other	53
person pursuant to authorization of the owner, by the owner, or by	54
the owner's legal representative.	55

(11) "Restrictive covenant" means any specification limiting	56
the transfer, rental, lease, or other use of any housing	57
accommodations because of race, color, religion, sex, military	58
status, familial status, national origin, disability, or ancestry,	59
or any limitation based upon affiliation with or approval by any	60
person, directly or indirectly, employing race, color, religion,	61
sex, military status, familial status, national origin,	62
disability, or ancestry as a condition of affiliation or approval.	63

(12) "Burial lot" means any lot for the burial of deceased	64
persons within any public burial ground or cemetery, including,	65
but not limited to, cemeteries owned and operated by municipal	66
corporations, townships, or companies or associations incorporated	67
for cemetery purposes.	68

(13) "Disability" means a physical or mental impairment that	69
substantially limits one or more major life activities, including	70
the functions of caring for one's self, performing manual tasks,	71
walking, seeing, hearing, speaking, breathing, learning, and	72
working; a record of a physical or mental impairment; or being	73
regarded as having a physical or mental impairment.	74

(14) Except as otherwise provided in section 4112.021 of the	75
Revised Code, "age" means at least forty years old.	76

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

77

(a) One or more individuals who are under eighteen years of	78
age and who are domiciled with a parent or guardian having legal	79
custody of the individual or domiciled, with the written	80
permission of the parent or guardian having legal custody, with a	81
designee of the parent or guardian;	82

(b) Any person who is pregnant or in the process of securing	83
legal custody of any individual who is under eighteen years of	84
age.	85

(16)(a) Except as provided in division (A)(16)(b) of this	86
section, "physical or mental impairment" includes any of the	87
following:	88

(i) Any physiological disorder or condition, cosmetic	89
disfigurement, or anatomical loss affecting one or more of the	90
following body systems: neurological; musculoskeletal; special	91
sense organs; respiratory, including speech organs;	92
cardiovascular; reproductive; digestive; genito-urinary; hemic and	93
lymphatic; skin; and endocrine;	94

(ii) Any mental or psychological disorder, including, but not	95
limited to, mental retardation, organic brain syndrome, emotional	96
or mental illness, and specific learning disabilities;	97

(iii) Diseases and conditions, including, but not limited to,	98
orthopedic, visual, speech, and hearing impairments, cerebral	99
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	100
cancer, heart disease, diabetes, human immunodeficiency virus	101
infection, mental retardation, emotional illness, drug addiction,	102
and alcoholism.	103

(b) "Physical or mental impairment" does not include any of	104
the following:	105

(i) Homosexuality and bisexuality;

106

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	107
voyeurism, gender identity disorders not resulting from physical	108
impairments, or other sexual behavior disorders;	109

(iii) Compulsive gambling, kleptomania, or pyromania;

110

(iv) Psychoactive substance use disorders resulting from the	111
current illegal use of a controlled substance or the current use	112
of alcoholic beverages.	113

(17) "Dwelling unit" means a single unit of residence for a	114
family of one or more persons.	115

(18) "Common use areas" means rooms, spaces, or elements	116
inside or outside a building that are made available for the use	117
of residents of the building or their guests, and includes, but is	118
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	119
rooms, mail rooms, recreational areas, and passageways among and	120
between buildings.	121

(19) "Public use areas" means interior or exterior rooms or	122
spaces of a privately or publicly owned building that are made	123
available to the general public.	124

(20) "Controlled substance" has the same meaning as in	125
section 3719.01 of the Revised Code.	126

(21) "Disabled tenant" means a tenant or prospective tenant	127
who is a person with a disability.	128

(22) "Military status" means a person's status in "service in	129
the uniformed services" as defined in section 5923.05 of the	130
Revised Code.	131

(23) "Aggrieved person" includes both of the following:

132

(a) Any person who claims to have been injured by any	133
unlawful discriminatory practice described in division (H) of	134
section 4112.02 of the Revised Code;	135

(b) Any person who believes that the person will be injured	136
by, any unlawful discriminatory practice described in division (H)	137
of section 4112.02 of the Revised Code that is about to occur.	138

(24) "Knowingly" and "purposely" have the same meanings as in	139
section 2901.22 of the Revised Code.	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, or related	145
medical conditions. Women affected by pregnancy, childbirth, or	146
related medical conditions shall be treated the same for all	147
employment-related purposes, including receipt of benefits under	148
fringe benefit programs, as other persons not so affected but	149
similar in their ability or inability to work, and nothing in	150
division (B) of section 4111.17 of the Revised Code shall be	151
interpreted to permit otherwise. This division shall not be	152
construed to require an employer to pay for health insurance	153
benefits for abortion, except where the life of the mother would	154
be endangered if the fetus were carried to term or except where	155
medical complications have arisen from the abortion, provided that	156
nothing in this division precludes an employer from providing	157
abortion benefits or otherwise affects bargaining agreements in	158
regard to abortion.	159

Sec. 4112.02.  It shall be an unlawful discriminatory	160
practice:	161

(A) For any employer, because of the race, color, religion,	162
sex, military status, national origin, disability, age, or	163
ancestry of any person, to discharge without just cause, to refuse	164
to hire, or otherwise to discriminate against that person with	165
respect to hire, tenure, terms, conditions, or privileges of	166
employment, or any matter directly or indirectly related to	167
employment.	168

(B) For an employment agency or personnel placement service,	169
because of race, color, religion, sex, military status, national	170
origin, disability, age, or ancestry, to do any of the following:	171

(1) Refuse or fail to accept, register, classify properly, or	172
refer for employment, or otherwise discriminate against any	173
person;	174

(2) Comply with a request from an employer for referral of	175
applicants for employment if the request directly or indirectly	176
indicates that the employer fails to comply with the provisions of	177
sections 4112.01 to 4112.07 of the Revised Code.	178

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

179

(1) Limit or classify its membership on the basis of race,	180
color, religion, sex, military status, national origin,	181
disability, age, or ancestry;	182

(2) Discriminate against, limit the employment opportunities	183
of, or otherwise adversely affect the employment status, wages,	184
hours, or employment conditions of any person as an employee	185
because of race, color, religion, sex, military status, national	186
origin, disability, age, or ancestry.	187

(D) For any employer, labor organization, or joint	188
labor-management committee controlling apprentice training	189
programs to discriminate against any person because of race,	190
color, religion, sex, military status, national origin,	191
disability, or ancestry in admission to, or employment in, any	192
program established to provide apprentice training.	193

(E) Except where based on a bona fide occupational	194
qualification certified in advance by the commission, for any	195
employer, employment agency, personnel placement service, or labor	196
organization, prior to employment or admission to membership, to	197
do any of the following:	198

(1) Elicit or attempt to elicit any information concerning	199
the race, color, religion, sex, military status, national origin,	200
disability, age, or ancestry of an applicant for employment or	201
membership;	202

(2) Make or keep a record of the race, color, religion, sex,	203
military status, national origin, disability, age, or ancestry of	204
any applicant for employment or membership;	205

(3) Use any form of application for employment, or personnel	206
or membership blank, seeking to elicit information regarding race,	207
color, religion, sex, military status, national origin,	208
disability, age, or ancestry; but an employer holding a contract	209
containing a nondiscrimination clause with the government of the	210
United States, or any department or agency of that government, may	211
require an employee or applicant for employment to furnish	212
documentary proof of United States citizenship and may retain that	213
proof in the employer's personnel records and may use photographic	214
or fingerprint identification for security purposes;	215

(4) Print or publish or cause to be printed or published any	216
notice or advertisement relating to employment or membership	217
indicating any preference, limitation, specification, or	218
discrimination, based upon race, color, religion, sex, military	219
status, national origin, disability, age, or ancestry;	220

(5) Announce or follow a policy of denying or limiting,	221
through a quota system or otherwise, employment or membership	222
opportunities of any group because of the race, color, religion,	223
sex, military status, national origin, disability, age, or	224
ancestry of that group;	225

(6) Utilize in the recruitment or hiring of persons any	226
employment agency, personnel placement service, training school or	227
center, labor organization, or any other employee-referring source	228
known to discriminate against persons because of their race,	229
color, religion, sex, military status, national origin,	230
disability, age, or ancestry;	231

(7) Knowingly or purposely print or publish or cause to be	232
printed or published any notice or advertisement relating to	233
employment that includes any provision stating or suggesting the	234
following:	235

(a) That current employment is a job qualification;

236

(b) That an application from a job applicant who is currently	237
unemployed will not be reviewed or that the applicant will not be	238
considered for an interview or be hired;	239

(c) That only applications for employment from applicants who	240
are currently employed will be considered or reviewed.	241

Division (E)(7) of this section does not prohibit an employer	242
from printing or publishing or causing to be printed or published	243
any notice or advertisement relating to employment that includes	244
any provision granting a preference in employment decisions to	245
current employees of the employer or requiring previous experience	246
that is relevant to the employment, such as the holding of a	247
current and valid professional or occupational license or other	248
credential or a minimum level of education or training or	249
professional, occupational, or field experience.	250

(F) For any person seeking employment to publish or cause to	251
be published any advertisement that specifies or in any manner	252
indicates that person's race, color, religion, sex, military	253
status, national origin, disability, age, or ancestry, or	254
expresses a limitation or preference as to the race, color,	255
religion, sex, military status, national origin, disability, age,	256
or ancestry of any prospective employer.	257

(G) For any proprietor or any employee, keeper, or manager of	258
a place of public accommodation to deny to any person, except for	259
reasons applicable alike to all persons regardless of race, color,	260
religion, sex, military status, national origin, disability, age,	261
or ancestry, the full enjoyment of the accommodations, advantages,	262
facilities, or privileges of the place of public accommodation.	263

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

264

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	265
or finance housing accommodations, refuse to negotiate for the	266
sale or rental of housing accommodations, or otherwise deny or	267
make unavailable housing accommodations because of race, color,	268
religion, sex, military status, familial status, ancestry,	269
disability, or national origin;	270

(2) Represent to any person that housing accommodations are	271
not available for inspection, sale, or rental, when in fact they	272
are available, because of race, color, religion, sex, military	273
status, familial status, ancestry, disability, or national origin;	274

(3) Discriminate against any person in the making or	275
purchasing of loans or the provision of other financial assistance	276
for the acquisition, construction, rehabilitation, repair, or	277
maintenance of housing accommodations, or any person in the making	278
or purchasing of loans or the provision of other financial	279
assistance that is secured by residential real estate, because of	280
race, color, religion, sex, military status, familial status,	281
ancestry, disability, or national origin or because of the racial	282
composition of the neighborhood in which the housing	283
accommodations are located, provided that the person, whether an	284
individual, corporation, or association of any type, lends money	285
as one of the principal aspects or incident to the person's	286
principal business and not only as a part of the purchase price of	287
an owner-occupied residence the person is selling nor merely	288
casually or occasionally to a relative or friend;	289

(4) Discriminate against any person in the terms or	290
conditions of selling, transferring, assigning, renting, leasing,	291
or subleasing any housing accommodations or in furnishing	292
facilities, services, or privileges in connection with the	293
ownership, occupancy, or use of any housing accommodations,	294
including the sale of fire, extended coverage, or homeowners	295
insurance, because of race, color, religion, sex, military status,	296
familial status, ancestry, disability, or national origin or	297
because of the racial composition of the neighborhood in which the	298
housing accommodations are located;	299

(5) Discriminate against any person in the terms or	300
conditions of any loan of money, whether or not secured by	301
mortgage or otherwise, for the acquisition, construction,	302
rehabilitation, repair, or maintenance of housing accommodations	303
because of race, color, religion, sex, military status, familial	304
status, ancestry, disability, or national origin or because of the	305
racial composition of the neighborhood in which the housing	306
accommodations are located;	307

(6) Refuse to consider without prejudice the combined income	308
of both husband and wife for the purpose of extending mortgage	309
credit to a married couple or either member of a married couple;	310

(7) Print, publish, or circulate any statement or	311
advertisement, or make or cause to be made any statement or	312
advertisement, relating to the sale, transfer, assignment, rental,	313
lease, sublease, or acquisition of any housing accommodations, or	314
relating to the loan of money, whether or not secured by mortgage	315
or otherwise, for the acquisition, construction, rehabilitation,	316
repair, or maintenance of housing accommodations, that indicates	317
any preference, limitation, specification, or discrimination based	318
upon race, color, religion, sex, military status, familial status,	319
ancestry, disability, or national origin, or an intention to make	320
any such preference, limitation, specification, or discrimination;	321

(8) Except as otherwise provided in division (H)(8) or (17)	322
of this section, make any inquiry, elicit any information, make or	323
keep any record, or use any form of application containing	324
questions or entries concerning race, color, religion, sex,	325
military status, familial status, ancestry, disability, or	326
national origin in connection with the sale or lease of any	327
housing accommodations or the loan of any money, whether or not	328
secured by mortgage or otherwise, for the acquisition,	329
construction, rehabilitation, repair, or maintenance of housing	330
accommodations. Any person may make inquiries, and make and keep	331
records, concerning race, color, religion, sex, military status,	332
familial status, ancestry, disability, or national origin for the	333
purpose of monitoring compliance with this chapter.	334

(9) Include in any transfer, rental, or lease of housing	335
accommodations any restrictive covenant, or honor or exercise, or	336
attempt to honor or exercise, any restrictive covenant;	337

(10) Induce or solicit, or attempt to induce or solicit, a	338
housing accommodations listing, sale, or transaction by	339
representing that a change has occurred or may occur with respect	340
to the racial, religious, sexual, military status, familial	341
status, or ethnic composition of the block, neighborhood, or other	342
area in which the housing accommodations are located, or induce or	343
solicit, or attempt to induce or solicit, a housing accommodations	344
listing, sale, or transaction by representing that the presence or	345
anticipated presence of persons of any race, color, religion, sex,	346
military status, familial status, ancestry, disability, or	347
national origin, in the block, neighborhood, or other area will or	348
may have results including, but not limited to, the following:	349

(a) The lowering of property values;

350

(b) A change in the racial, religious, sexual, military	351
status, familial status, or ethnic composition of the block,	352
neighborhood, or other area;	353

(c) An increase in criminal or antisocial behavior in the	354
block, neighborhood, or other area;	355

(d) A decline in the quality of the schools serving the	356
block, neighborhood, or other area.	357

(11) Deny any person access to or membership or participation	358
in any multiple-listing service, real estate brokers'	359
organization, or other service, organization, or facility relating	360
to the business of selling or renting housing accommodations, or	361
discriminate against any person in the terms or conditions of that	362
access, membership, or participation, on account of race, color,	363
religion, sex, military status, familial status, national origin,	364
disability, or ancestry;	365

(12) Coerce, intimidate, threaten, or interfere with any	366
person in the exercise or enjoyment of, or on account of that	367
person's having exercised or enjoyed or having aided or encouraged	368
any other person in the exercise or enjoyment of, any right	369
granted or protected by division (H) of this section;	370

(13) Discourage or attempt to discourage the purchase by a	371
prospective purchaser of housing accommodations, by representing	372
that any block, neighborhood, or other area has undergone or might	373
undergo a change with respect to its religious, racial, sexual,	374
military status, familial status, or ethnic composition;	375

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	376
or finance, or otherwise deny or withhold, a burial lot from any	377
person because of the race, color, sex, military status, familial	378
status, age, ancestry, disability, or national origin of any	379
prospective owner or user of the lot;	380

(15) Discriminate in the sale or rental of, or otherwise make	381
unavailable or deny, housing accommodations to any buyer or renter	382
because of a disability of any of the following:	383

(a) The buyer or renter;

384

(b) A person residing in or intending to reside in the	385
housing accommodations after they are sold, rented, or made	386
available;	387

(c) Any individual associated with the person described in	388
division (H)(15)(b) of this section.	389

(16) Discriminate in the terms, conditions, or privileges of	390
the sale or rental of housing accommodations to any person or in	391
the provision of services or facilities to any person in	392
connection with the housing accommodations because of a disability	393
of any of the following:	394

(a) That person;

395

(b) A person residing in or intending to reside in the	396
housing accommodations after they are sold, rented, or made	397
available;	398

(c) Any individual associated with the person described in	399
division (H)(16)(b) of this section.	400

(17) Except as otherwise provided in division (H)(17) of this	401
section, make an inquiry to determine whether an applicant for the	402
sale or rental of housing accommodations, a person residing in or	403
intending to reside in the housing accommodations after they are	404
sold, rented, or made available, or any individual associated with	405
that person has a disability, or make an inquiry to determine the	406
nature or severity of a disability of the applicant or such a	407
person or individual. The following inquiries may be made of all	408
applicants for the sale or rental of housing accommodations,	409
regardless of whether they have disabilities:	410

(a) An inquiry into an applicant's ability to meet the	411
requirements of ownership or tenancy;	412

(b) An inquiry to determine whether an applicant is qualified	413
for housing accommodations available only to persons with	414
disabilities or persons with a particular type of disability;	415

(c) An inquiry to determine whether an applicant is qualified	416
for a priority available to persons with disabilities or persons	417
with a particular type of disability;	418

(d) An inquiry to determine whether an applicant currently	419
uses a controlled substance in violation of section 2925.11 of the	420
Revised Code or a substantively comparable municipal ordinance;	421

(e) An inquiry to determine whether an applicant at any time	422
has been convicted of or pleaded guilty to any offense, an element	423
of which is the illegal sale, offer to sell, cultivation,	424
manufacture, other production, shipment, transportation, delivery,	425
or other distribution of a controlled substance.	426

(18)(a) Refuse to permit, at the expense of a person with a	427
disability, reasonable modifications of existing housing	428
accommodations that are occupied or to be occupied by the person	429
with a disability, if the modifications may be necessary to afford	430
the person with a disability full enjoyment of the housing	431
accommodations. This division does not preclude a landlord of	432
housing accommodations that are rented or to be rented to a	433
disabled tenant from conditioning permission for a proposed	434
modification upon the disabled tenant's doing one or more of the	435
following:	436

(i) Providing a reasonable description of the proposed	437
modification and reasonable assurances that the proposed	438
modification will be made in a workerlike manner and that any	439
required building permits will be obtained prior to the	440
commencement of the proposed modification;	441

(ii) Agreeing to restore at the end of the tenancy the	442
interior of the housing accommodations to the condition they were	443
in prior to the proposed modification, but subject to reasonable	444
wear and tear during the period of occupancy, if it is reasonable	445
for the landlord to condition permission for the proposed	446
modification upon the agreement;	447

(iii) Paying into an interest-bearing escrow account that is	448
in the landlord's name, over a reasonable period of time, a	449
reasonable amount of money not to exceed the projected costs at	450
the end of the tenancy of the restoration of the interior of the	451
housing accommodations to the condition they were in prior to the	452
proposed modification, but subject to reasonable wear and tear	453
during the period of occupancy, if the landlord finds the account	454
reasonably necessary to ensure the availability of funds for the	455
restoration work. The interest earned in connection with an escrow	456
account described in this division shall accrue to the benefit of	457
the disabled tenant who makes payments into the account.	458

(b) A landlord shall not condition permission for a proposed	459
modification upon a disabled tenant's payment of a security	460
deposit that exceeds the customarily required security deposit of	461
all tenants of the particular housing accommodations.	462

(19) Refuse to make reasonable accommodations in rules,	463
policies, practices, or services when necessary to afford a person	464
with a disability equal opportunity to use and enjoy a dwelling	465
unit, including associated public and common use areas;	466

(20) Fail to comply with the standards and rules adopted	467
under division (A) of section 3781.111 of the Revised Code;	468

(21) Discriminate against any person in the selling,	469
brokering, or appraising of real property because of race, color,	470
religion, sex, military status, familial status, ancestry,	471
disability, or national origin;	472

(22) Fail to design and construct covered multifamily	473
dwellings for first occupancy on or after June 30, 1992, in	474
accordance with the following conditions:	475

(a) The dwellings shall have at least one building entrance	476
on an accessible route, unless it is impractical to do so because	477
of the terrain or unusual characteristics of the site.	478

(b) With respect to dwellings that have a building entrance	479
on an accessible route, all of the following apply:	480

(i) The public use areas and common use areas of the	481
dwellings shall be readily accessible to and usable by persons	482
with a disability.	483

(ii) All the doors designed to allow passage into and within	484
all premises shall be sufficiently wide to allow passage by	485
persons with a disability who are in wheelchairs.	486

(iii) All premises within covered multifamily dwelling units	487
shall contain an accessible route into and through the dwelling;	488
all light switches, electrical outlets, thermostats, and other	489
environmental controls within such units shall be in accessible	490
locations; the bathroom walls within such units shall contain	491
reinforcements to allow later installation of grab bars; and the	492
kitchens and bathrooms within such units shall be designed and	493
constructed in a manner that enables an individual in a wheelchair	494
to maneuver about such rooms.	495

For purposes of division (H)(22) of this section, "covered	496
multifamily dwellings" means buildings consisting of four or more	497
units if such buildings have one or more elevators and ground	498
floor units in other buildings consisting of four or more units.	499

(I) For any person to discriminate in any manner against any	500
other person because that person has opposed any unlawful	501
discriminatory practice defined in this section or because that	502
person has made a charge, testified, assisted, or participated in	503
any manner in any investigation, proceeding, or hearing under	504
sections 4112.01 to 4112.07 of the Revised Code.	505

(J) For any person to aid, abet, incite, compel, or coerce	506
the doing of any act declared by this section to be an unlawful	507
discriminatory practice, to obstruct or prevent any person from	508
complying with this chapter or any order issued under it, or to	509
attempt directly or indirectly to commit any act declared by this	510
section to be an unlawful discriminatory practice.	511

(K)(1) Nothing in division (H) of this section shall bar any	512
religious or denominational institution or organization, or any	513
nonprofit charitable or educational organization that is operated,	514
supervised, or controlled by or in connection with a religious	515
organization, from limiting the sale, rental, or occupancy of	516
housing accommodations that it owns or operates for other than a	517
commercial purpose to persons of the same religion, or from giving	518
preference in the sale, rental, or occupancy of such housing	519
accommodations to persons of the same religion, unless membership	520
in the religion is restricted on account of race, color, or	521
national origin.	522

(2) Nothing in division (H) of this section shall bar any	523
bona fide private or fraternal organization that, incidental to	524
its primary purpose, owns or operates lodgings for other than a	525
commercial purpose, from limiting the rental or occupancy of the	526
lodgings to its members or from giving preference to its members.	527

(3) Nothing in division (H) of this section limits the	528
applicability of any reasonable local, state, or federal	529
restrictions regarding the maximum number of occupants permitted	530
to occupy housing accommodations. Nothing in that division	531
prohibits the owners or managers of housing accommodations from	532
implementing reasonable occupancy standards based on the number	533
and size of sleeping areas or bedrooms and the overall size of a	534
dwelling unit, provided that the standards are not implemented to	535
circumvent the purposes of this chapter and are formulated,	536
implemented, and interpreted in a manner consistent with this	537
chapter and any applicable local, state, or federal restrictions	538
regarding the maximum number of occupants permitted to occupy	539
housing accommodations.	540

(4) Nothing in division (H) of this section requires that	541
housing accommodations be made available to an individual whose	542
tenancy would constitute a direct threat to the health or safety	543
of other individuals or whose tenancy would result in substantial	544
physical damage to the property of others.	545

(5) Nothing in division (H) of this section pertaining to	546
discrimination on the basis of familial status shall be construed	547
to apply to any of the following:	548

(a) Housing accommodations provided under any state or	549
federal program that have been determined under the "Fair Housing	550
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	551
amended, to be specifically designed and operated to assist	552
elderly persons;	553

(b) Housing accommodations intended for and solely occupied	554
by persons who are sixty-two years of age or older;	555

(c) Housing accommodations intended and operated for	556
occupancy by at least one person who is fifty-five years of age or	557
older per unit, as determined under the "Fair Housing Amendments	558
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	559

(L) Nothing in divisions (A) to (E) of this section shall be	560
construed to require a person with a disability to be employed or	561
trained under circumstances that would significantly increase the	562
occupational hazards affecting either the person with a	563
disability, other employees, the general public, or the facilities	564
in which the work is to be performed, or to require the employment	565
or training of a person with a disability in a job that requires	566
the person with a disability routinely to undertake any task, the	567
performance of which is substantially and inherently impaired by	568
the person's disability.	569

(M) Nothing in divisions (H)(1) to (18) of this section shall	570
be construed to require any person selling or renting property to	571
modify the property in any way or to exercise a higher degree of	572
care for a person with a disability, to relieve any person with a	573
disability of any obligation generally imposed on all persons	574
regardless of disability in a written lease, rental agreement, or	575
contract of purchase or sale, or to forbid distinctions based on	576
the inability to fulfill the terms and conditions, including	577
financial obligations, of the lease, agreement, or contract.	578

(N) An aggrieved individual may enforce the individual's	579
rights relative to discrimination on the basis of age as provided	580
for in this section by instituting a civil action, within one	581
hundred eighty days after the alleged unlawful discriminatory	582
practice occurred, in any court with jurisdiction for any legal or	583
equitable relief that will effectuate the individual's rights.	584

A person who files a civil action under this division is	585
barred, with respect to the practices complained of, from	586
instituting a civil action under section 4112.14 of the Revised	587
Code and from filing a charge with the commission under section	588
4112.05 of the Revised Code.	589

(O) With regard to age, it shall not be an unlawful	590
discriminatory practice and it shall not constitute a violation of	591
division (A) of section 4112.14 of the Revised Code for any	592
employer, employment agency, joint labor-management committee	593
controlling apprenticeship training programs, or labor	594
organization to do any of the following:	595

(1) Establish bona fide employment qualifications reasonably	596
related to the particular business or occupation that may include	597
standards for skill, aptitude, physical capability, intelligence,	598
education, maturation, and experience;	599

(2) Observe the terms of a bona fide seniority system or any	600
bona fide employee benefit plan, including, but not limited to, a	601
retirement, pension, or insurance plan, that is not a subterfuge	602
to evade the purposes of this section. However, no such employee	603
benefit plan shall excuse the failure to hire any individual, and	604
no such seniority system or employee benefit plan shall require or	605
permit the involuntary retirement of any individual, because of	606
the individual's age except as provided for in the "Age	607
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	608
29 U.S.C.A. 623, as amended by the "Age Discrimination in	609
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	610
623, as amended.	611

(3) Retire an employee who has attained sixty-five years of	612
age who, for the two-year period immediately before retirement, is	613
employed in a bona fide executive or a high policymaking position,	614
if the employee is entitled to an immediate nonforfeitable annual	615
retirement benefit from a pension, profit-sharing, savings, or	616
deferred compensation plan, or any combination of those plans, of	617
the employer of the employee, which equals, in the aggregate, at	618
least forty-four thousand dollars, in accordance with the	619
conditions of the "Age Discrimination in Employment Act Amendment	620
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	621
Discrimination in Employment Act Amendments of 1986," 100 Stat.	622
3342, 29 U.S.C.A. 631, as amended;	623

(4) Observe the terms of any bona fide apprenticeship program	624
if the program is registered with the Ohio apprenticeship council	625
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	626
approved by the federal committee on apprenticeship of the United	627
States department of labor.	628

(P) Nothing in this chapter prohibiting age discrimination	629
and nothing in division (A) of section 4112.14 of the Revised Code	630
shall be construed to prohibit the following:	631

(1) The designation of uniform age the attainment of which is	632
necessary for public employees to receive pension or other	633
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	634
or 5505. of the Revised Code;	635

(2) The mandatory retirement of uniformed patrol officers of	636
the state highway patrol as provided in section 5505.16 of the	637
Revised Code;	638

(3) The maximum age requirements for appointment as a patrol	639
officer in the state highway patrol established by section 5503.01	640
of the Revised Code;	641

(4) The maximum age requirements established for original	642
appointment to a police department or fire department in sections	643
124.41 and 124.42 of the Revised Code;	644

(5) Any maximum age not in conflict with federal law that may	645
be established by a municipal charter, municipal ordinance, or	646
resolution of a board of township trustees for original	647
appointment as a police officer or firefighter;	648

(6) Any mandatory retirement provision not in conflict with	649
federal law of a municipal charter, municipal ordinance, or	650
resolution of a board of township trustees pertaining to police	651
officers and firefighters;	652

(7) Until January 1, 1994, the mandatory retirement of any	653
employee who has attained seventy years of age and who is serving	654
under a contract of unlimited tenure, or similar arrangement	655
providing for unlimited tenure, at an institution of higher	656
education as defined in the "Education Amendments of 1980," 94	657
Stat. 1503, 20 U.S.C.A. 1141(a).	658

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	659
section, for purposes of divisions (A) to (E) of this section, a	660
disability does not include any physiological disorder or	661
condition, mental or psychological disorder, or disease or	662
condition caused by an illegal use of any controlled substance by	663
an employee, applicant, or other person, if an employer,	664
employment agency, personnel placement service, labor	665
organization, or joint labor-management committee acts on the	666
basis of that illegal use.	667

(b) Division (Q)(1)(a) of this section does not apply to an	668
employee, applicant, or other person who satisfies any of the	669
following:	670

(i) The employee, applicant, or other person has successfully	671
completed a supervised drug rehabilitation program and no longer	672
is engaging in the illegal use of any controlled substance, or the	673
employee, applicant, or other person otherwise successfully has	674
been rehabilitated and no longer is engaging in that illegal use.	675

(ii) The employee, applicant, or other person is	676
participating in a supervised drug rehabilitation program and no	677
longer is engaging in the illegal use of any controlled substance.	678

(iii) The employee, applicant, or other person is erroneously	679
regarded as engaging in the illegal use of any controlled	680
substance, but the employee, applicant, or other person is not	681
engaging in that illegal use.	682

(2) Divisions (A) to (E) of this section do not prohibit an	683
employer, employment agency, personnel placement service, labor	684
organization, or joint labor-management committee from doing any	685
of the following:	686

(a) Adopting or administering reasonable policies or	687
procedures, including, but not limited to, testing for the illegal	688
use of any controlled substance, that are designed to ensure that	689
an individual described in division (Q)(1)(b)(i) or (ii) of this	690
section no longer is engaging in the illegal use of any controlled	691
substance;	692

(b) Prohibiting the illegal use of controlled substances and	693
the use of alcohol at the workplace by all employees;	694

(c) Requiring that employees not be under the influence of	695
alcohol or not be engaged in the illegal use of any controlled	696
substance at the workplace;	697

(d) Requiring that employees behave in conformance with the	698
requirements established under "The Drug-Free Workplace Act of	699
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	700

(e) Holding an employee who engages in the illegal use of any	701
controlled substance or who is an alcoholic to the same	702
qualification standards for employment or job performance, and the	703
same behavior, to which the employer, employment agency, personnel	704
placement service, labor organization, or joint labor-management	705
committee holds other employees, even if any unsatisfactory	706
performance or behavior is related to an employee's illegal use of	707
a controlled substance or alcoholism;	708

(f) Exercising other authority recognized in the "Americans	709
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	710
as amended, including, but not limited to, requiring employees to	711
comply with any applicable federal standards.	712

(3) For purposes of this chapter, a test to determine the	713
illegal use of any controlled substance does not include a medical	714
examination.	715

(4) Division (Q) of this section does not encourage,	716
prohibit, or authorize, and shall not be construed as encouraging,	717
prohibiting, or authorizing, the conduct of testing for the	718
illegal use of any controlled substance by employees, applicants,	719
or other persons, or the making of employment decisions based on	720
the results of that type of testing.	721

Sec. 4112.05.  (A) The commission, as provided in this	722
section, shall prevent any person from engaging in unlawful	723
discriminatory practices, provided that, before instituting the	724
formal hearing authorized by division (B) of this section, it	725
shall attempt, by informal methods of conference, conciliation,	726
and persuasion, to induce compliance with this chapter.	727

(B)(1) Any person may file a charge with the commission	728
alleging that another person has engaged or is engaging in an	729
unlawful discriminatory practice. In the case of a charge alleging	730
an unlawful discriminatory practice described in division (A),	731
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	732
section 4112.021 or 4112.022 of the Revised Code, the charge shall	733
be in writing and under oath and shall be filed with the	734
commission within six months after the alleged unlawful	735
discriminatory practice was committed. In the case of a charge	736
alleging an unlawful discriminatory practice described in division	737
(H) of section 4112.02 of the Revised Code, the charge shall be in	738
writing and under oath and shall be filed with the commission	739
within one year after the alleged unlawful discriminatory practice	740
was committed.	741

(2) Upon receiving a charge, the commission may initiate a	742
preliminary investigation to determine whether it is probable that	743
an unlawful discriminatory practice has been or is being engaged	744
in. The commission also may conduct, upon its own initiative and	745
independent of the filing of any charges, a preliminary	746
investigation relating to any of the unlawful discriminatory	747
practices described in division (A), (B), (C), (D), (E), (F), (I),	748
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	749
the Revised Code. Prior to a notification of a complainant under	750
division (B)(4) of this section or prior to the commencement of	751
informal methods of conference, conciliation, and persuasion under	752
that division, the members of the commission and the officers and	753
employees of the commission shall not make public in any manner	754
and shall retain as confidential all information that was obtained	755
as a result of or that otherwise pertains to a preliminary	756
investigation other than one described in division (B)(3) of this	757
section.	758

(3)(a) Unless it is impracticable to do so and subject to its	759
authority under division (B)(3)(d) of this section, the commission	760
shall complete a preliminary investigation of a charge filed	761
pursuant to division (B)(1) of this section that alleges an	762
unlawful discriminatory practice described in division (H) of	763
section 4112.02 of the Revised Code, and shall take one of the	764
following actions, within one hundred days after the filing of the	765
charge:	766

(i) Notify the complainant and the respondent that it is not	767
probable that an unlawful discriminatory practice described in	768
division (H) of section 4112.02 of the Revised Code has been or is	769
being engaged in and that the commission will not issue a	770
complaint in the matter;	771

(ii) Initiate a complaint and schedule it for informal	772
methods of conference, conciliation, and persuasion;	773

(iii) Initiate a complaint and refer it to the attorney	774
general with a recommendation to seek a temporary or permanent	775
injunction or a temporary restraining order. If this action is	776
taken, the attorney general shall apply, as expeditiously as	777
possible after receipt of the complaint, to the court of common	778
pleas of the county in which the unlawful discriminatory practice	779
allegedly occurred for the appropriate injunction or order, and	780
the court shall hear and determine the application as	781
expeditiously as possible.	782

(b) If it is not practicable to comply with the requirements	783
of division (B)(3)(a) of this section within the one-hundred-day	784
period described in that division, the commission shall notify the	785
complainant and the respondent in writing of the reasons for the	786
noncompliance.	787

(c) Prior to the issuance of a complaint under division	788
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	789
of the complainant and the respondent under division (B)(3)(a)(i)	790
of this section, the members of the commission and the officers	791
and employees of the commission shall not make public in any	792
manner and shall retain as confidential all information that was	793
obtained as a result of or that otherwise pertains to a	794
preliminary investigation of a charge filed pursuant to division	795
(B)(1) of this section that alleges an unlawful discriminatory	796
practice described in division (H) of section 4112.05 of the	797
Revised Code.	798

(d) Notwithstanding the types of action described in	799
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	800
issuance of a complaint or the referral of a complaint to the	801
attorney general and prior to endeavoring to eliminate an unlawful	802
discriminatory practice described in division (H) of section	803
4112.02 of the Revised Code by informal methods of conference,	804
conciliation, and persuasion, the commission may seek a temporary	805
or permanent injunction or a temporary restraining order in the	806
court of common pleas of the county in which the unlawful	807
discriminatory practice allegedly occurred.	808

(4) If the commission determines after a preliminary	809
investigation other than one described in division (B)(3) of this	810
section that it is not probable that an unlawful discriminatory	811
practice has been or is being engaged in, it shall notify any	812
complainant under division (B)(1) of this section that it has so	813
determined and that it will not issue a complaint in the matter.	814
If the commission determines after a preliminary investigation	815
other than the one described in division (B)(3) of this section	816
that it is probable that an unlawful discriminatory practice has	817
been or is being engaged in, it shall endeavor to eliminate the	818
practice by informal methods of conference, conciliation, and	819
persuasion.	820

(5) Nothing said or done during informal methods of	821
conference, conciliation, and persuasion under this section shall	822
be disclosed by any member of the commission or its staff or be	823
used as evidence in any subsequent hearing or other proceeding.	824
If, after a preliminary investigation and the use of informal	825
methods of conference, conciliation, and persuasion under this	826
section, the commission is satisfied that any unlawful	827
discriminatory practice will be eliminated, it may treat the	828
charge involved as being conciliated and enter that disposition on	829
the records of the commission. If the commission fails to effect	830
the elimination of an unlawful discriminatory practice by informal	831
methods of conference, conciliation, and persuasion under this	832
section and to obtain voluntary compliance with this chapter, the	833
commission shall issue and cause to be served upon any person,	834
including the respondent against whom a complainant has filed a	835
charge pursuant to division (B)(1) of this section, a complaint	836
stating the charges involved and containing a notice of an	837
opportunity for a hearing before the commission, a member of the	838
commission, or a hearing examiner at a place that is stated in the	839
notice and that is located within the county in which the alleged	840
unlawful discriminatory practice has occurred or is occurring or	841
in which the respondent resides or transacts business. The hearing	842
shall be held not less than thirty days after the service of the	843
complaint upon the complainant, the aggrieved persons other than	844
the complainant on whose behalf the complaint is issued, and the	845
respondent, unless the complainant, an aggrieved person, or the	846
respondent elects to proceed under division (A)(2) of section	847
4112.051 of the Revised Code when that division is applicable. If	848
a complaint pertains to an alleged unlawful discriminatory	849
practice described in division (H) of section 4112.02 of the	850
Revised Code, the complaint shall notify the complainant, an	851
aggrieved person, and the respondent of the right of the	852
complainant, an aggrieved person, or the respondent to elect to	853
proceed with the administrative hearing process under this section	854
or to proceed under division (A)(2) of section 4112.051 of the	855
Revised Code.	856

(6) The attorney general shall represent the commission at	857
any hearing held pursuant to division (B)(5) of this section and	858
shall present the evidence in support of the complaint.	859

(7) Any complaint issued pursuant to division (B)(5) of this	860
section after the filing of a charge under division (B)(1) of this	861
section shall be so issued within one year after the complainant	862
filed the charge with respect to an alleged unlawful	863
discriminatory practice.	864

(C) Any complaint issued pursuant to division (B) of this	865
section may be amended by the commission, a member of the	866
commission, or the hearing examiner conducting a hearing under	867
division (B) of this section, at any time prior to or during the	868
hearing. The respondent has the right to file an answer or an	869
amended answer to the original and amended complaints and to	870
appear at the hearing in person, by attorney, or otherwise to	871
examine and cross-examine witnesses.	872

(D) The complainant shall be a party to a hearing under	873
division (B) of this section, and any person who is an	874
indispensable party to a complete determination or settlement of a	875
question involved in the hearing shall be joined. Any aggrieved	876
person who has or claims an interest in the subject of the hearing	877
and in obtaining or preventing relief against the unlawful	878
discriminatory practices complained of shall be permitted to	879
appear only for the presentation of oral or written arguments, to	880
present evidence, perform direct and cross-examination, and be	881
represented by counsel. The commission shall adopt rules, in	882
accordance with Chapter 119. of the Revised Code governing the	883
authority granted under this division.	884

(E) In any hearing under division (B) of this section, the	885
commission, a member of the commission, or the hearing examiner	886
shall not be bound by the Rules of Evidence but, in ascertaining	887
the practices followed by the respondent, shall take into account	888
all reliable, probative, and substantial statistical or other	889
evidence produced at the hearing that may tend to prove the	890
existence of a predetermined pattern of employment or membership,	891
provided that nothing contained in this section shall be construed	892
to authorize or require any person to observe the proportion that	893
persons of any race, color, religion, sex, military status,	894
familial status, national origin, disability, age, or ancestry	895
bear to the total population or in accordance with any criterion	896
other than the individual qualifications of the applicant.	897

(F) The testimony taken at a hearing under division (B) of	898
this section shall be under oath and shall be reduced to writing	899
and filed with the commission. Thereafter, in its discretion, the	900
commission, upon the service of a notice upon the complainant and	901
the respondent that indicates an opportunity to be present, may	902
take further testimony or hear argument.	903

(G)(1) If, upon all reliable, probative, and substantial	904
evidence presented at a hearing under division (B) of this	905
section, the commission determines that the respondent has engaged	906
in, or is engaging in, any unlawful discriminatory practice,	907
whether against the complainant or others, the commission shall	908
state its findings of fact and conclusions of law and shall issue	909
and, subject to the provisions of Chapter 119. of the Revised	910
Code, cause to be served on the respondent an order requiring the	911
respondent to cease and desist from the unlawful discriminatory	912
practice, requiring the respondent to take any further affirmative	913
or other action that will effectuate the purposes of this chapter,	914
including, but not limited to, hiring, reinstatement, or upgrading	915
of employees with or without back pay, or admission or restoration	916
to union membership, and requiring the respondent to report to the	917
commission the manner of compliance. If the commission directs	918
payment of back pay, it shall make allowance for interim earnings.	919
If it finds a violation of division (E)(7) of section 4112.02 of	920
the Revised Code, the commission additionally shall require the	921
respondent to pay the fine required under division (B) of section	922
4112.99 of the Revised Code. If it finds a violation of division	923
(H) of section 4112.02 of the Revised Code, the commission	924
additionally shall require the respondent to pay actual damages	925
and reasonable attorney's fees, and may award to the complainant	926
punitive damages as follows:	927

(a) If division (G)(1)(b) or (c) of this section does not	928
apply, punitive damages in an amount not to exceed ten thousand	929
dollars;	930

(b) If division (G)(1)(c) of this section does not apply and	931
if the respondent has been determined by a final order of the	932
commission or by a final judgment of a court to have committed one	933
violation of division (H) of section 4112.02 of the Revised Code	934
during the five-year period immediately preceding the date on	935
which a complaint was issued pursuant to division (B) of this	936
section, punitive damages in an amount not to exceed twenty-five	937
thousand dollars;	938

(c) If the respondent has been determined by a final order of	939
the commission or by a final judgment of a court to have committed	940
two or more violations of division (H) of section 4112.02 of the	941
Revised Code during the seven-year period immediately preceding	942
the date on which a complaint was issued pursuant to division (B)	943
of this section, punitive damages in an amount not to exceed fifty	944
thousand dollars.	945

(2) Upon the submission of reports of compliance, the	946
commission may issue a declaratory order stating that the	947
respondent has ceased to engage in particular unlawful	948
discriminatory practices.	949

(H) If the commission finds that no probable cause exists for	950
crediting charges of unlawful discriminatory practices or if, upon	951
all the evidence presented at a hearing under division (B) of this	952
section on a charge, the commission finds that a respondent has	953
not engaged in any unlawful discriminatory practice against the	954
complainant or others, it shall state its findings of fact and	955
shall issue and cause to be served on the complainant an order	956
dismissing the complaint as to the respondent. A copy of the order	957
shall be delivered in all cases to the attorney general and any	958
other public officers whom the commission considers proper.	959

(I) Until the time period for appeal set forth in division	960
(H) of section 4112.06 of the Revised Code expires, the	961
commission, subject to the provisions of Chapter 119. of the	962
Revised Code, at any time, upon reasonable notice, and in the	963
manner it considers proper, may modify or set aside, in whole or	964
in part, any finding or order made by it under this section.	965

Sec. 4112.15.  There is hereby created in the state treasury	966
the civil rights commission general reimbursement fund, which	967
shall be used to pay operating costs of the commission. All	968
amounts received by the commission, and all amounts awarded by a	969
court to the commission, for attorney's fees, court costs, expert	970
witness fees, and other litigation expenses shall be paid into the	971
state treasury to the credit of the fund. All amounts received by	972
the commission for copies of commission documents and for other	973
goods and services furnished by the commission shall be paid into	974
the state treasury to the credit of the fund. All collected fines	975
charged under division (B) of section 4112.99 of the Revised Code	976
shall be paid into the state treasury to the credit of the fund.	977

Sec. 4112.99. (A) Whoever violates this chapter is subject to	978
a civil action for damages, injunctive relief, or any other	979
appropriate relief.	980

(B) In addition to any damages and relief that may be	981
available in division (A) of this section, whoever violates	982
division (E)(7) of section 4112.02 of the Revised Code shall be	983
subject to a fine in the amount of up to one thousand dollars for	984
the first violation of one of these divisions, up to five thousand	985
dollars for a second violation, and up to ten thousand dollars for	986
each subsequent violation.	987

Section 2. That existing sections 4112.01, 4112.02, 4112.05,	988
4112.15, and 4112.99 of the Revised Code are hereby repealed.	989