As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 261

Senators Tavares, Schiavoni 

Cosponsors: Senators Turner, Sawyer, Skindell 

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A BILL

To amend sections 4112.01, 4112.02, and 4112.99 of

1

the Revised Code to prohibit and provide a penalty

2

for employment discrimination and the

3

advertisement of employment positions that

4

discriminate on the basis of an individual's

5

unemployment status.

6

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

Section 1. That sections 4112.01, 4112.02, and 4112.99 of the	7
Revised Code be amended to read as follows:	8

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

9

(1) "Person" includes one or more individuals, partnerships,	10
associations, organizations, corporations, legal representatives,	11
trustees, trustees in bankruptcy, receivers, and other organized	12
groups of persons. "Person" also includes, but is not limited to,	13
any owner, lessor, assignor, builder, manager, broker,	14
salesperson, appraiser, agent, employee, lending institution, and	15
the state and all political subdivisions, authorities, agencies,	16
boards, and commissions of the state.	17

(2) "Employer" includes the state, any political subdivision	18
of the state, any person employing four or more persons within the	19
state, and any person acting directly or indirectly in the	20
interest of an employer.	21

(3) "Employee" means an individual employed by any employer	22
but does not include any individual employed in the domestic	23
service of any person.	24

(4) "Labor organization" includes any organization that	25
exists, in whole or in part, for the purpose of collective	26
bargaining or of dealing with employers concerning grievances,	27
terms or conditions of employment, or other mutual aid or	28
protection in relation to employment.	29

(5) "Employment agency" includes any person regularly	30
undertaking, with or without compensation, to procure	31
opportunities to work or to procure, recruit, refer, or place	32
employees.	33

(6) "Commission" means the Ohio civil rights commission	34
created by section 4112.03 of the Revised Code.	35

(7) "Discriminate" includes segregate or separate.

36

(8) "Unlawful discriminatory practice" means any act	37
prohibited by section 4112.02, 4112.021, or 4112.022 of the	38
Revised Code.	39

(9) "Place of public accommodation" means any inn,	40
restaurant, eating house, barbershop, public conveyance by air,	41
land, or water, theater, store, other place for the sale of	42
merchandise, or any other place of public accommodation or	43
amusement of which the accommodations, advantages, facilities, or	44
privileges are available to the public.	45

(10) "Housing accommodations" includes any building or	46
structure, or portion of a building or structure, that is used or	47
occupied or is intended, arranged, or designed to be used or	48
occupied as the home residence, dwelling, dwelling unit, or	49
sleeping place of one or more individuals, groups, or families	50
whether or not living independently of each other; and any vacant	51
land offered for sale or lease. "Housing accommodations" also	52
includes any housing accommodations held or offered for sale or	53
rent by a real estate broker, salesperson, or agent, by any other	54
person pursuant to authorization of the owner, by the owner, or by	55
the owner's legal representative.	56

(11) "Restrictive covenant" means any specification limiting	57
the transfer, rental, lease, or other use of any housing	58
accommodations because of race, color, religion, sex, military	59
status, familial status, national origin, disability, or ancestry,	60
or any limitation based upon affiliation with or approval by any	61
person, directly or indirectly, employing race, color, religion,	62
sex, military status, familial status, national origin,	63
disability, or ancestry as a condition of affiliation or approval.	64

(12) "Burial lot" means any lot for the burial of deceased	65
persons within any public burial ground or cemetery, including,	66
but not limited to, cemeteries owned and operated by municipal	67
corporations, townships, or companies or associations incorporated	68
for cemetery purposes.	69

(13) "Disability" means a physical or mental impairment that	70
substantially limits one or more major life activities, including	71
the functions of caring for one's self, performing manual tasks,	72
walking, seeing, hearing, speaking, breathing, learning, and	73
working; a record of a physical or mental impairment; or being	74
regarded as having a physical or mental impairment.	75

(14) Except as otherwise provided in section 4112.021 of the	76
Revised Code, "age" means at least forty years old.	77

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

78

(a) One or more individuals who are under eighteen years of	79
age and who are domiciled with a parent or guardian having legal	80
custody of the individual or domiciled, with the written	81
permission of the parent or guardian having legal custody, with a	82
designee of the parent or guardian;	83

(b) Any person who is pregnant or in the process of securing	84
legal custody of any individual who is under eighteen years of	85
age.	86

(16)(a) Except as provided in division (A)(16)(b) of this	87
section, "physical or mental impairment" includes any of the	88
following:	89

(i) Any physiological disorder or condition, cosmetic	90
disfigurement, or anatomical loss affecting one or more of the	91
following body systems: neurological; musculoskeletal; special	92
sense organs; respiratory, including speech organs;	93
cardiovascular; reproductive; digestive; genito-urinary; hemic and	94
lymphatic; skin; and endocrine;	95

(ii) Any mental or psychological disorder, including, but not	96
limited to, mental retardation, organic brain syndrome, emotional	97
or mental illness, and specific learning disabilities;	98

(iii) Diseases and conditions, including, but not limited to,	99
orthopedic, visual, speech, and hearing impairments, cerebral	100
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	101
cancer, heart disease, diabetes, human immunodeficiency virus	102
infection, mental retardation, emotional illness, drug addiction,	103
and alcoholism.	104

(b) "Physical or mental impairment" does not include any of	105
the following:	106

(i) Homosexuality and bisexuality;

107

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	108
voyeurism, gender identity disorders not resulting from physical	109
impairments, or other sexual behavior disorders;	110

(iii) Compulsive gambling, kleptomania, or pyromania;

111

(iv) Psychoactive substance use disorders resulting from the	112
current illegal use of a controlled substance or the current use	113
of alcoholic beverages.	114

(17) "Dwelling unit" means a single unit of residence for a	115
family of one or more persons.	116

(18) "Common use areas" means rooms, spaces, or elements	117
inside or outside a building that are made available for the use	118
of residents of the building or their guests, and includes, but is	119
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	120
rooms, mail rooms, recreational areas, and passageways among and	121
between buildings.	122

(19) "Public use areas" means interior or exterior rooms or	123
spaces of a privately or publicly owned building that are made	124
available to the general public.	125

(20) "Controlled substance" has the same meaning as in	126
section 3719.01 of the Revised Code.	127

(21) "Disabled tenant" means a tenant or prospective tenant	128
who is a person with a disability.	129

(22) "Military status" means a person's status in "service in	130
the uniformed services" as defined in section 5923.05 of the	131
Revised Code.	132

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

133

(a) Any person who claims to have been injured by any	134
unlawful discriminatory practice described in division (H) of	135
section 4112.02 of the Revised Code;	136

(b) Any person who believes that the person will be injured	137
by, any unlawful discriminatory practice described in division (H)	138
of section 4112.02 of the Revised Code that is about to occur.	139

(24) "Unemployment status" means being unemployed and	140
currently available for employment.	141

(B) For the purposes of divisions (A) to (F) of section	142
4112.02 of the Revised Code, the terms "because of sex" and "on	143
the basis of sex" include, but are not limited to, because of or	144
on the basis of pregnancy, any illness arising out of and	145
occurring during the course of a pregnancy, childbirth, or related	146
medical conditions. Women affected by pregnancy, childbirth, or	147
related medical conditions shall be treated the same for all	148
employment-related purposes, including receipt of benefits under	149
fringe benefit programs, as other persons not so affected but	150
similar in their ability or inability to work, and nothing in	151
division (B) of section 4111.17 of the Revised Code shall be	152
interpreted to permit otherwise. This division shall not be	153
construed to require an employer to pay for health insurance	154
benefits for abortion, except where the life of the mother would	155
be endangered if the fetus were carried to term or except where	156
medical complications have arisen from the abortion, provided that	157
nothing in this division precludes an employer from providing	158
abortion benefits or otherwise affects bargaining agreements in	159
regard to abortion.	160

Sec. 4112.02.  It shall be an unlawful discriminatory	161
practice:	162

(A) For any employer, because of the race, color, religion,	163
sex, military status, national origin, disability, age, or	164
ancestry, or unemployment status of any person, to discharge	165
without just cause, to refuse to hire, or otherwise to	166
discriminate against that person with respect to hire, tenure,	167
terms, conditions, or privileges of employment, or any matter	168
directly or indirectly related to employment.	169

(B) For an employment agency or personnel placement service,	170
because of race, color, religion, sex, military status, national	171
origin, disability, age, or ancestry, or unemployment status, to	172
do any of the following:	173

(1) Refuse or fail to accept, register, classify properly, or	174
refer for employment, or otherwise discriminate against any	175
person;	176

(2) Comply with a request from an employer for referral of	177
applicants for employment if the request directly or indirectly	178
indicates that the employer fails to comply with the provisions of	179
sections 4112.01 to 4112.07 of the Revised Code.	180

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

181

(1) Limit or classify its membership on the basis of race,	182
color, religion, sex, military status, national origin,	183
disability, age, or ancestry, or unemployment status;	184

(2) Discriminate against, limit the employment opportunities	185
of, or otherwise adversely affect the employment status, wages,	186
hours, or employment conditions of any person as an employee	187
because of race, color, religion, sex, military status, national	188
origin, disability, age, or ancestry, or unemployment status.	189

(D) For any employer, labor organization, or joint	190
labor-management committee controlling apprentice training	191
programs to discriminate against any person because of race,	192
color, religion, sex, military status, national origin,	193
disability, or ancestry, or unemployment status in admission to,	194
or employment in, any program established to provide apprentice	195
training.	196

(E) Except where based on a bona fide occupational	197
qualification certified in advance by the commission, for any	198
employer, employment agency, personnel placement service, or labor	199
organization, prior to employment or admission to membership, to	200
do any of the following:	201

(1) Elicit or attempt to elicit any information concerning	202
the race, color, religion, sex, military status, national origin,	203
disability, age, or ancestry of an applicant for employment or	204
membership;	205

(2) Make or keep a record of the race, color, religion, sex,	206
military status, national origin, disability, age, or ancestry of	207
any applicant for employment or membership;	208

(3) Use any form of application for employment, or personnel	209
or membership blank, seeking to elicit information regarding race,	210
color, religion, sex, military status, national origin,	211
disability, age, or ancestry; but an employer holding a contract	212
containing a nondiscrimination clause with the government of the	213
United States, or any department or agency of that government, may	214
require an employee or applicant for employment to furnish	215
documentary proof of United States citizenship and may retain that	216
proof in the employer's personnel records and may use photographic	217
or fingerprint identification for security purposes;	218

(4) Print or publish or cause to be printed or published any	219
notice or advertisement relating to employment or membership	220
indicating any preference, limitation, specification, or	221
discrimination, based upon race, color, religion, sex, military	222
status, national origin, disability, age, or ancestry;	223

(5) Announce or follow a policy of denying or limiting,	224
through a quota system or otherwise, employment or membership	225
opportunities of any group because of the race, color, religion,	226
sex, military status, national origin, disability, age, or	227
ancestry of that group;	228

(6) Utilize in the recruitment or hiring of persons any	229
employment agency, personnel placement service, training school or	230
center, labor organization, or any other employee-referring source	231
known to discriminate against persons because of their race,	232
color, religion, sex, military status, national origin,	233
disability, age, or ancestry;	234

(7) Print or publish or cause to be printed or published any	235
notice or advertisement that includes any provision stating or	236
suggesting the following:	237

(a) That current employment is a job qualification;

238

(b) That an application from a job applicant who is currently	239
unemployed will not be reviewed or that the applicant will not be	240
considered for an interview or be hired;	241

(c) That only applications for employment from applicants who	242
are currently employed will be considered or reviewed.	243

Division (E)(7) of this section does not prohibit granting a	244
preference in employment decisions to current employees of the	245
employer or requiring previous experience that is relevant to the	246
employment.	247

(F) For any person seeking employment to publish or cause to	248
be published any advertisement that specifies or in any manner	249
indicates that person's race, color, religion, sex, military	250
status, national origin, disability, age, or ancestry, or	251
expresses a limitation or preference as to the race, color,	252
religion, sex, military status, national origin, disability, age,	253
or ancestry of any prospective employer.	254

(G) For any proprietor or any employee, keeper, or manager of	255
a place of public accommodation to deny to any person, except for	256
reasons applicable alike to all persons regardless of race, color,	257
religion, sex, military status, national origin, disability, age,	258
or ancestry, the full enjoyment of the accommodations, advantages,	259
facilities, or privileges of the place of public accommodation.	260

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

261

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	262
or finance housing accommodations, refuse to negotiate for the	263
sale or rental of housing accommodations, or otherwise deny or	264
make unavailable housing accommodations because of race, color,	265
religion, sex, military status, familial status, ancestry,	266
disability, or national origin;	267

(2) Represent to any person that housing accommodations are	268
not available for inspection, sale, or rental, when in fact they	269
are available, because of race, color, religion, sex, military	270
status, familial status, ancestry, disability, or national origin;	271

(3) Discriminate against any person in the making or	272
purchasing of loans or the provision of other financial assistance	273
for the acquisition, construction, rehabilitation, repair, or	274
maintenance of housing accommodations, or any person in the making	275
or purchasing of loans or the provision of other financial	276
assistance that is secured by residential real estate, because of	277
race, color, religion, sex, military status, familial status,	278
ancestry, disability, or national origin or because of the racial	279
composition of the neighborhood in which the housing	280
accommodations are located, provided that the person, whether an	281
individual, corporation, or association of any type, lends money	282
as one of the principal aspects or incident to the person's	283
principal business and not only as a part of the purchase price of	284
an owner-occupied residence the person is selling nor merely	285
casually or occasionally to a relative or friend;	286

(4) Discriminate against any person in the terms or	287
conditions of selling, transferring, assigning, renting, leasing,	288
or subleasing any housing accommodations or in furnishing	289
facilities, services, or privileges in connection with the	290
ownership, occupancy, or use of any housing accommodations,	291
including the sale of fire, extended coverage, or homeowners	292
insurance, because of race, color, religion, sex, military status,	293
familial status, ancestry, disability, or national origin or	294
because of the racial composition of the neighborhood in which the	295
housing accommodations are located;	296

(5) Discriminate against any person in the terms or	297
conditions of any loan of money, whether or not secured by	298
mortgage or otherwise, for the acquisition, construction,	299
rehabilitation, repair, or maintenance of housing accommodations	300
because of race, color, religion, sex, military status, familial	301
status, ancestry, disability, or national origin or because of the	302
racial composition of the neighborhood in which the housing	303
accommodations are located;	304

(6) Refuse to consider without prejudice the combined income	305
of both husband and wife for the purpose of extending mortgage	306
credit to a married couple or either member of a married couple;	307

(7) Print, publish, or circulate any statement or	308
advertisement, or make or cause to be made any statement or	309
advertisement, relating to the sale, transfer, assignment, rental,	310
lease, sublease, or acquisition of any housing accommodations, or	311
relating to the loan of money, whether or not secured by mortgage	312
or otherwise, for the acquisition, construction, rehabilitation,	313
repair, or maintenance of housing accommodations, that indicates	314
any preference, limitation, specification, or discrimination based	315
upon race, color, religion, sex, military status, familial status,	316
ancestry, disability, or national origin, or an intention to make	317
any such preference, limitation, specification, or discrimination;	318

(8) Except as otherwise provided in division (H)(8) or (17)	319
of this section, make any inquiry, elicit any information, make or	320
keep any record, or use any form of application containing	321
questions or entries concerning race, color, religion, sex,	322
military status, familial status, ancestry, disability, or	323
national origin in connection with the sale or lease of any	324
housing accommodations or the loan of any money, whether or not	325
secured by mortgage or otherwise, for the acquisition,	326
construction, rehabilitation, repair, or maintenance of housing	327
accommodations. Any person may make inquiries, and make and keep	328
records, concerning race, color, religion, sex, military status,	329
familial status, ancestry, disability, or national origin for the	330
purpose of monitoring compliance with this chapter.	331

(9) Include in any transfer, rental, or lease of housing	332
accommodations any restrictive covenant, or honor or exercise, or	333
attempt to honor or exercise, any restrictive covenant;	334

(10) Induce or solicit, or attempt to induce or solicit, a	335
housing accommodations listing, sale, or transaction by	336
representing that a change has occurred or may occur with respect	337
to the racial, religious, sexual, military status, familial	338
status, or ethnic composition of the block, neighborhood, or other	339
area in which the housing accommodations are located, or induce or	340
solicit, or attempt to induce or solicit, a housing accommodations	341
listing, sale, or transaction by representing that the presence or	342
anticipated presence of persons of any race, color, religion, sex,	343
military status, familial status, ancestry, disability, or	344
national origin, in the block, neighborhood, or other area will or	345
may have results including, but not limited to, the following:	346

(a) The lowering of property values;

347

(b) A change in the racial, religious, sexual, military	348
status, familial status, or ethnic composition of the block,	349
neighborhood, or other area;	350

(c) An increase in criminal or antisocial behavior in the	351
block, neighborhood, or other area;	352

(d) A decline in the quality of the schools serving the	353
block, neighborhood, or other area.	354

(11) Deny any person access to or membership or participation	355
in any multiple-listing service, real estate brokers'	356
organization, or other service, organization, or facility relating	357
to the business of selling or renting housing accommodations, or	358
discriminate against any person in the terms or conditions of that	359
access, membership, or participation, on account of race, color,	360
religion, sex, military status, familial status, national origin,	361
disability, or ancestry;	362

(12) Coerce, intimidate, threaten, or interfere with any	363
person in the exercise or enjoyment of, or on account of that	364
person's having exercised or enjoyed or having aided or encouraged	365
any other person in the exercise or enjoyment of, any right	366
granted or protected by division (H) of this section;	367

(13) Discourage or attempt to discourage the purchase by a	368
prospective purchaser of housing accommodations, by representing	369
that any block, neighborhood, or other area has undergone or might	370
undergo a change with respect to its religious, racial, sexual,	371
military status, familial status, or ethnic composition;	372

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	373
or finance, or otherwise deny or withhold, a burial lot from any	374
person because of the race, color, sex, military status, familial	375
status, age, ancestry, disability, or national origin of any	376
prospective owner or user of the lot;	377

(15) Discriminate in the sale or rental of, or otherwise make	378
unavailable or deny, housing accommodations to any buyer or renter	379
because of a disability of any of the following:	380

(a) The buyer or renter;

381

(b) A person residing in or intending to reside in the	382
housing accommodations after they are sold, rented, or made	383
available;	384

(c) Any individual associated with the person described in	385
division (H)(15)(b) of this section.	386

(16) Discriminate in the terms, conditions, or privileges of	387
the sale or rental of housing accommodations to any person or in	388
the provision of services or facilities to any person in	389
connection with the housing accommodations because of a disability	390
of any of the following:	391

(a) That person;

392

(b) A person residing in or intending to reside in the	393
housing accommodations after they are sold, rented, or made	394
available;	395

(c) Any individual associated with the person described in	396
division (H)(16)(b) of this section.	397

(17) Except as otherwise provided in division (H)(17) of this	398
section, make an inquiry to determine whether an applicant for the	399
sale or rental of housing accommodations, a person residing in or	400
intending to reside in the housing accommodations after they are	401
sold, rented, or made available, or any individual associated with	402
that person has a disability, or make an inquiry to determine the	403
nature or severity of a disability of the applicant or such a	404
person or individual. The following inquiries may be made of all	405
applicants for the sale or rental of housing accommodations,	406
regardless of whether they have disabilities:	407

(a) An inquiry into an applicant's ability to meet the	408
requirements of ownership or tenancy;	409

(b) An inquiry to determine whether an applicant is qualified	410
for housing accommodations available only to persons with	411
disabilities or persons with a particular type of disability;	412

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

(d) An inquiry to determine whether an applicant currently	416
uses a controlled substance in violation of section 2925.11 of the	417
Revised Code or a substantively comparable municipal ordinance;	418

(e) An inquiry to determine whether an applicant at any time	419
has been convicted of or pleaded guilty to any offense, an element	420
of which is the illegal sale, offer to sell, cultivation,	421
manufacture, other production, shipment, transportation, delivery,	422
or other distribution of a controlled substance.	423

(18)(a) Refuse to permit, at the expense of a person with a	424
disability, reasonable modifications of existing housing	425
accommodations that are occupied or to be occupied by the person	426
with a disability, if the modifications may be necessary to afford	427
the person with a disability full enjoyment of the housing	428
accommodations. This division does not preclude a landlord of	429
housing accommodations that are rented or to be rented to a	430
disabled tenant from conditioning permission for a proposed	431
modification upon the disabled tenant's doing one or more of the	432
following:	433

(i) Providing a reasonable description of the proposed	434
modification and reasonable assurances that the proposed	435
modification will be made in a workerlike manner and that any	436
required building permits will be obtained prior to the	437
commencement of the proposed modification;	438

(ii) Agreeing to restore at the end of the tenancy the	439
interior of the housing accommodations to the condition they were	440
in prior to the proposed modification, but subject to reasonable	441
wear and tear during the period of occupancy, if it is reasonable	442
for the landlord to condition permission for the proposed	443
modification upon the agreement;	444

(iii) Paying into an interest-bearing escrow account that is	445
in the landlord's name, over a reasonable period of time, a	446
reasonable amount of money not to exceed the projected costs at	447
the end of the tenancy of the restoration of the interior of the	448
housing accommodations to the condition they were in prior to the	449
proposed modification, but subject to reasonable wear and tear	450
during the period of occupancy, if the landlord finds the account	451
reasonably necessary to ensure the availability of funds for the	452
restoration work. The interest earned in connection with an escrow	453
account described in this division shall accrue to the benefit of	454
the disabled tenant who makes payments into the account.	455

(b) A landlord shall not condition permission for a proposed	456
modification upon a disabled tenant's payment of a security	457
deposit that exceeds the customarily required security deposit of	458
all tenants of the particular housing accommodations.	459

(19) Refuse to make reasonable accommodations in rules,	460
policies, practices, or services when necessary to afford a person	461
with a disability equal opportunity to use and enjoy a dwelling	462
unit, including associated public and common use areas;	463

(20) Fail to comply with the standards and rules adopted	464
under division (A) of section 3781.111 of the Revised Code;	465

(21) Discriminate against any person in the selling,	466
brokering, or appraising of real property because of race, color,	467
religion, sex, military status, familial status, ancestry,	468
disability, or national origin;	469

(22) Fail to design and construct covered multifamily	470
dwellings for first occupancy on or after June 30, 1992, in	471
accordance with the following conditions:	472

(a) The dwellings shall have at least one building entrance	473
on an accessible route, unless it is impractical to do so because	474
of the terrain or unusual characteristics of the site.	475

(b) With respect to dwellings that have a building entrance	476
on an accessible route, all of the following apply:	477

(i) The public use areas and common use areas of the	478
dwellings shall be readily accessible to and usable by persons	479
with a disability.	480

(ii) All the doors designed to allow passage into and within	481
all premises shall be sufficiently wide to allow passage by	482
persons with a disability who are in wheelchairs.	483

(iii) All premises within covered multifamily dwelling units	484
shall contain an accessible route into and through the dwelling;	485
all light switches, electrical outlets, thermostats, and other	486
environmental controls within such units shall be in accessible	487
locations; the bathroom walls within such units shall contain	488
reinforcements to allow later installation of grab bars; and the	489
kitchens and bathrooms within such units shall be designed and	490
constructed in a manner that enables an individual in a wheelchair	491
to maneuver about such rooms.	492

For purposes of division (H)(22) of this section, "covered	493
multifamily dwellings" means buildings consisting of four or more	494
units if such buildings have one or more elevators and ground	495
floor units in other buildings consisting of four or more units.	496

(I) For any person to discriminate in any manner against any	497
other person because that person has opposed any unlawful	498
discriminatory practice defined in this section or because that	499
person has made a charge, testified, assisted, or participated in	500
any manner in any investigation, proceeding, or hearing under	501
sections 4112.01 to 4112.07 of the Revised Code.	502

(J) For any person to aid, abet, incite, compel, or coerce	503
the doing of any act declared by this section to be an unlawful	504
discriminatory practice, to obstruct or prevent any person from	505
complying with this chapter or any order issued under it, or to	506
attempt directly or indirectly to commit any act declared by this	507
section to be an unlawful discriminatory practice.	508

(K)(1) Nothing in division (H) of this section shall bar any	509
religious or denominational institution or organization, or any	510
nonprofit charitable or educational organization that is operated,	511
supervised, or controlled by or in connection with a religious	512
organization, from limiting the sale, rental, or occupancy of	513
housing accommodations that it owns or operates for other than a	514
commercial purpose to persons of the same religion, or from giving	515
preference in the sale, rental, or occupancy of such housing	516
accommodations to persons of the same religion, unless membership	517
in the religion is restricted on account of race, color, or	518
national origin.	519

(2) Nothing in division (H) of this section shall bar any	520
bona fide private or fraternal organization that, incidental to	521
its primary purpose, owns or operates lodgings for other than a	522
commercial purpose, from limiting the rental or occupancy of the	523
lodgings to its members or from giving preference to its members.	524

(3) Nothing in division (H) of this section limits the	525
applicability of any reasonable local, state, or federal	526
restrictions regarding the maximum number of occupants permitted	527
to occupy housing accommodations. Nothing in that division	528
prohibits the owners or managers of housing accommodations from	529
implementing reasonable occupancy standards based on the number	530
and size of sleeping areas or bedrooms and the overall size of a	531
dwelling unit, provided that the standards are not implemented to	532
circumvent the purposes of this chapter and are formulated,	533
implemented, and interpreted in a manner consistent with this	534
chapter and any applicable local, state, or federal restrictions	535
regarding the maximum number of occupants permitted to occupy	536
housing accommodations.	537

(4) Nothing in division (H) of this section requires that	538
housing accommodations be made available to an individual whose	539
tenancy would constitute a direct threat to the health or safety	540
of other individuals or whose tenancy would result in substantial	541
physical damage to the property of others.	542

(5) Nothing in division (H) of this section pertaining to	543
discrimination on the basis of familial status shall be construed	544
to apply to any of the following:	545

(a) Housing accommodations provided under any state or	546
federal program that have been determined under the "Fair Housing	547
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	548
amended, to be specifically designed and operated to assist	549
elderly persons;	550

(b) Housing accommodations intended for and solely occupied	551
by persons who are sixty-two years of age or older;	552

(c) Housing accommodations intended and operated for	553
occupancy by at least one person who is fifty-five years of age or	554
older per unit, as determined under the "Fair Housing Amendments	555
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	556

(L) Nothing in divisions (A) to (E) of this section shall be	557
construed to require a person with a disability to be employed or	558
trained under circumstances that would significantly increase the	559
occupational hazards affecting either the person with a	560
disability, other employees, the general public, or the facilities	561
in which the work is to be performed, or to require the employment	562
or training of a person with a disability in a job that requires	563
the person with a disability routinely to undertake any task, the	564
performance of which is substantially and inherently impaired by	565
the person's disability.	566

(M) Nothing in divisions (H)(1) to (18) of this section shall	567
be construed to require any person selling or renting property to	568
modify the property in any way or to exercise a higher degree of	569
care for a person with a disability, to relieve any person with a	570
disability of any obligation generally imposed on all persons	571
regardless of disability in a written lease, rental agreement, or	572
contract of purchase or sale, or to forbid distinctions based on	573
the inability to fulfill the terms and conditions, including	574
financial obligations, of the lease, agreement, or contract.	575

(N) An aggrieved individual may enforce the individual's	576
rights relative to discrimination on the basis of age as provided	577
for in this section by instituting a civil action, within one	578
hundred eighty days after the alleged unlawful discriminatory	579
practice occurred, in any court with jurisdiction for any legal or	580
equitable relief that will effectuate the individual's rights.	581

A person who files a civil action under this division is	582
barred, with respect to the practices complained of, from	583
instituting a civil action under section 4112.14 of the Revised	584
Code and from filing a charge with the commission under section	585
4112.05 of the Revised Code.	586

(O) With regard to age, it shall not be an unlawful	587
discriminatory practice and it shall not constitute a violation of	588
division (A) of section 4112.14 of the Revised Code for any	589
employer, employment agency, joint labor-management committee	590
controlling apprenticeship training programs, or labor	591
organization to do any of the following:	592

(1) Establish bona fide employment qualifications reasonably	593
related to the particular business or occupation that may include	594
standards for skill, aptitude, physical capability, intelligence,	595
education, maturation, and experience;	596

(2) Observe the terms of a bona fide seniority system or any	597
bona fide employee benefit plan, including, but not limited to, a	598
retirement, pension, or insurance plan, that is not a subterfuge	599
to evade the purposes of this section. However, no such employee	600
benefit plan shall excuse the failure to hire any individual, and	601
no such seniority system or employee benefit plan shall require or	602
permit the involuntary retirement of any individual, because of	603
the individual's age except as provided for in the "Age	604
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	605
29 U.S.C.A. 623, as amended by the "Age Discrimination in	606
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	607
623, as amended.	608

(3) Retire an employee who has attained sixty-five years of	609
age who, for the two-year period immediately before retirement, is	610
employed in a bona fide executive or a high policymaking position,	611
if the employee is entitled to an immediate nonforfeitable annual	612
retirement benefit from a pension, profit-sharing, savings, or	613
deferred compensation plan, or any combination of those plans, of	614
the employer of the employee, which equals, in the aggregate, at	615
least forty-four thousand dollars, in accordance with the	616
conditions of the "Age Discrimination in Employment Act Amendment	617
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	618
Discrimination in Employment Act Amendments of 1986," 100 Stat.	619
3342, 29 U.S.C.A. 631, as amended;	620

(4) Observe the terms of any bona fide apprenticeship program	621
if the program is registered with the Ohio apprenticeship council	622
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	623
approved by the federal committee on apprenticeship of the United	624
States department of labor.	625

(P) Nothing in this chapter prohibiting age discrimination	626
and nothing in division (A) of section 4112.14 of the Revised Code	627
shall be construed to prohibit the following:	628

(1) The designation of uniform age the attainment of which is	629
necessary for public employees to receive pension or other	630
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	631
or 5505. of the Revised Code;	632

(2) The mandatory retirement of uniformed patrol officers of	633
the state highway patrol as provided in section 5505.16 of the	634
Revised Code;	635

(3) The maximum age requirements for appointment as a patrol	636
officer in the state highway patrol established by section 5503.01	637
of the Revised Code;	638

(4) The maximum age requirements established for original	639
appointment to a police department or fire department in sections	640
124.41 and 124.42 of the Revised Code;	641

(5) Any maximum age not in conflict with federal law that may	642
be established by a municipal charter, municipal ordinance, or	643
resolution of a board of township trustees for original	644
appointment as a police officer or firefighter;	645

(6) Any mandatory retirement provision not in conflict with	646
federal law of a municipal charter, municipal ordinance, or	647
resolution of a board of township trustees pertaining to police	648
officers and firefighters;	649

(7) Until January 1, 1994, the mandatory retirement of any	650
employee who has attained seventy years of age and who is serving	651
under a contract of unlimited tenure, or similar arrangement	652
providing for unlimited tenure, at an institution of higher	653
education as defined in the "Education Amendments of 1980," 94	654
Stat. 1503, 20 U.S.C.A. 1141(a).	655

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	656
section, for purposes of divisions (A) to (E) of this section, a	657
disability does not include any physiological disorder or	658
condition, mental or psychological disorder, or disease or	659
condition caused by an illegal use of any controlled substance by	660
an employee, applicant, or other person, if an employer,	661
employment agency, personnel placement service, labor	662
organization, or joint labor-management committee acts on the	663
basis of that illegal use.	664

(b) Division (Q)(1)(a) of this section does not apply to an	665
employee, applicant, or other person who satisfies any of the	666
following:	667

(i) The employee, applicant, or other person has successfully	668
completed a supervised drug rehabilitation program and no longer	669
is engaging in the illegal use of any controlled substance, or the	670
employee, applicant, or other person otherwise successfully has	671
been rehabilitated and no longer is engaging in that illegal use.	672

(ii) The employee, applicant, or other person is	673
participating in a supervised drug rehabilitation program and no	674
longer is engaging in the illegal use of any controlled substance.	675

(iii) The employee, applicant, or other person is erroneously	676
regarded as engaging in the illegal use of any controlled	677
substance, but the employee, applicant, or other person is not	678
engaging in that illegal use.	679

(2) Divisions (A) to (E) of this section do not prohibit an	680
employer, employment agency, personnel placement service, labor	681
organization, or joint labor-management committee from doing any	682
of the following:	683

(a) Adopting or administering reasonable policies or	684
procedures, including, but not limited to, testing for the illegal	685
use of any controlled substance, that are designed to ensure that	686
an individual described in division (Q)(1)(b)(i) or (ii) of this	687
section no longer is engaging in the illegal use of any controlled	688
substance;	689

(b) Prohibiting the illegal use of controlled substances and	690
the use of alcohol at the workplace by all employees;	691

(c) Requiring that employees not be under the influence of	692
alcohol or not be engaged in the illegal use of any controlled	693
substance at the workplace;	694

(d) Requiring that employees behave in conformance with the	695
requirements established under "The Drug-Free Workplace Act of	696
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	697

(e) Holding an employee who engages in the illegal use of any	698
controlled substance or who is an alcoholic to the same	699
qualification standards for employment or job performance, and the	700
same behavior, to which the employer, employment agency, personnel	701
placement service, labor organization, or joint labor-management	702
committee holds other employees, even if any unsatisfactory	703
performance or behavior is related to an employee's illegal use of	704
a controlled substance or alcoholism;	705

(f) Exercising other authority recognized in the "Americans	706
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	707
as amended, including, but not limited to, requiring employees to	708
comply with any applicable federal standards.	709

(3) For purposes of this chapter, a test to determine the	710
illegal use of any controlled substance does not include a medical	711
examination.	712

(4) Division (Q) of this section does not encourage,	713
prohibit, or authorize, and shall not be construed as encouraging,	714
prohibiting, or authorizing, the conduct of testing for the	715
illegal use of any controlled substance by employees, applicants,	716
or other persons, or the making of employment decisions based on	717
the results of that type of testing.	718

Sec. 4112.99. (A) Whoever violates this chapter is subject to	719
a civil action for damages, injunctive relief, or any other	720
appropriate relief.	721

(B) In addition to any damages and relief which may be	722
available in division (A) of this section, a court shall impose a	723
fine on whoever violates division (A), (B), (C), or (D) of section	724
4112.02 of the Revised Code because of or on the basis of	725
unemployment status or violates division (E)(7) of section 4112.02	726
of the Revised Code. The amount of the fine shall be five thousand	727
dollars for the first violation of one of these divisions and ten	728
thousand dollars for each subsequent violation.	729

Section 2. That existing sections 4112.01, 4112.02, and	730
4112.99 of the Revised Code are hereby repealed.	731