As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 374

Senator Tavares 

Cosponsors: Senators Turner, Skindell, Brown, Kearney 

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A BILL

To amend sections 4112.01, 4112.02, 4112.05, 4112.08,

1

4112.14, 4112.15, and 4112.99 of the Revised Code

2

to restrict a person's ability to require,

3

solicit, mail, and publicly display social

4

security numbers.

5

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

Section 1. That sections 4112.01, 4112.02, 4112.05, 4112.08,	6
4112.14, 4112.15, and 4112.99 of the Revised Code be amended to	7
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) "Social security number" means three or more consecutive	140
digits of a social security number.	141

(25) "Public record" has the same meaning as in section	142
149.43 of the Revised Code.	143

(B) For the purposes of divisions (A) to (F) of section	144
4112.02 of the Revised Code, the terms "because of sex" and "on	145
the basis of sex" include, but are not limited to, because of or	146
on the basis of pregnancy, any illness arising out of and	147
occurring during the course of a pregnancy, childbirth, or related	148
medical conditions. Women affected by pregnancy, childbirth, or	149
related medical conditions shall be treated the same for all	150
employment-related purposes, including receipt of benefits under	151
fringe benefit programs, as other persons not so affected but	152
similar in their ability or inability to work, and nothing in	153
division (B) of section 4111.17 of the Revised Code shall be	154
interpreted to permit otherwise. This division shall not be	155
construed to require an employer to pay for health insurance	156
benefits for abortion, except where the life of the mother would	157
be endangered if the fetus were carried to term or except where	158
medical complications have arisen from the abortion, provided that	159
nothing in this division precludes an employer from providing	160
abortion benefits or otherwise affects bargaining agreements in	161
regard to abortion.	162

Sec. 4112.02.  It shall be an unlawful discriminatory	163
practice:	164

(A) For any employer, because of the race, color, religion,	165
sex, military status, national origin, disability, age, or	166
ancestry of any person, to discharge without just cause, to refuse	167
to hire, or otherwise to discriminate against that person with	168
respect to hire, tenure, terms, conditions, or privileges of	169
employment, or any matter directly or indirectly related to	170
employment.	171

(B) For an employment agency or personnel placement service,	172
because of race, color, religion, sex, military status, national	173
origin, disability, age, or ancestry, to do any of the following:	174

(1) Refuse or fail to accept, register, classify properly, or	175
refer for employment, or otherwise discriminate against any	176
person;	177

(2) Comply with a request from an employer for referral of	178
applicants for employment if the request directly or indirectly	179
indicates that the employer fails to comply with the provisions of	180
sections 4112.01 to 4112.07 of the Revised Code.	181

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

182

(1) Limit or classify its membership on the basis of race,	183
color, religion, sex, military status, national origin,	184
disability, age, or ancestry;	185

(2) Discriminate against, limit the employment opportunities	186
of, or otherwise adversely affect the employment status, wages,	187
hours, or employment conditions of any person as an employee	188
because of race, color, religion, sex, military status, national	189
origin, disability, age, or ancestry.	190

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

(F) For any person seeking employment to publish or cause to	235
be published any advertisement that specifies or in any manner	236
indicates that person's race, color, religion, sex, military	237
status, national origin, disability, age, or ancestry, or	238
expresses a limitation or preference as to the race, color,	239
religion, sex, military status, national origin, disability, age,	240
or ancestry of any prospective employer.	241

(G) For any proprietor or any employee, keeper, or manager of	242
a place of public accommodation to deny to any person, except for	243
reasons applicable alike to all persons regardless of race, color,	244
religion, sex, military status, national origin, disability, age,	245
or ancestry, the full enjoyment of the accommodations, advantages,	246
facilities, or privileges of the place of public accommodation.	247

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

248

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	249
or finance housing accommodations, refuse to negotiate for the	250
sale or rental of housing accommodations, or otherwise deny or	251
make unavailable housing accommodations because of race, color,	252
religion, sex, military status, familial status, ancestry,	253
disability, or national origin;	254

(2) Represent to any person that housing accommodations are	255
not available for inspection, sale, or rental, when in fact they	256
are available, because of race, color, religion, sex, military	257
status, familial status, ancestry, disability, or national origin;	258

(3) Discriminate against any person in the making or	259
purchasing of loans or the provision of other financial assistance	260
for the acquisition, construction, rehabilitation, repair, or	261
maintenance of housing accommodations, or any person in the making	262
or purchasing of loans or the provision of other financial	263
assistance that is secured by residential real estate, because of	264
race, color, religion, sex, military status, familial status,	265
ancestry, disability, or national origin or because of the racial	266
composition of the neighborhood in which the housing	267
accommodations are located, provided that the person, whether an	268
individual, corporation, or association of any type, lends money	269
as one of the principal aspects or incident to the person's	270
principal business and not only as a part of the purchase price of	271
an owner-occupied residence the person is selling nor merely	272
casually or occasionally to a relative or friend;	273

(4) Discriminate against any person in the terms or	274
conditions of selling, transferring, assigning, renting, leasing,	275
or subleasing any housing accommodations or in furnishing	276
facilities, services, or privileges in connection with the	277
ownership, occupancy, or use of any housing accommodations,	278
including the sale of fire, extended coverage, or homeowners	279
insurance, because of race, color, religion, sex, military status,	280
familial status, ancestry, disability, or national origin or	281
because of the racial composition of the neighborhood in which the	282
housing accommodations are located;	283

(5) Discriminate against any person in the terms or	284
conditions of any loan of money, whether or not secured by	285
mortgage or otherwise, for the acquisition, construction,	286
rehabilitation, repair, or maintenance of housing accommodations	287
because of race, color, religion, sex, military status, familial	288
status, ancestry, disability, or national origin or because of the	289
racial composition of the neighborhood in which the housing	290
accommodations are located;	291

(6) Refuse to consider without prejudice the combined income	292
of both husband and wife for the purpose of extending mortgage	293
credit to a married couple or either member of a married couple;	294

(7) Print, publish, or circulate any statement or	295
advertisement, or make or cause to be made any statement or	296
advertisement, relating to the sale, transfer, assignment, rental,	297
lease, sublease, or acquisition of any housing accommodations, or	298
relating to the loan of money, whether or not secured by mortgage	299
or otherwise, for the acquisition, construction, rehabilitation,	300
repair, or maintenance of housing accommodations, that indicates	301
any preference, limitation, specification, or discrimination based	302
upon race, color, religion, sex, military status, familial status,	303
ancestry, disability, or national origin, or an intention to make	304
any such preference, limitation, specification, or discrimination;	305

(8) Except as otherwise provided in division (H)(8) or (17)	306
of this section, make any inquiry, elicit any information, make or	307
keep any record, or use any form of application containing	308
questions or entries concerning race, color, religion, sex,	309
military status, familial status, ancestry, disability, or	310
national origin in connection with the sale or lease of any	311
housing accommodations or the loan of any money, whether or not	312
secured by mortgage or otherwise, for the acquisition,	313
construction, rehabilitation, repair, or maintenance of housing	314
accommodations. Any person may make inquiries, and make and keep	315
records, concerning race, color, religion, sex, military status,	316
familial status, ancestry, disability, or national origin for the	317
purpose of monitoring compliance with this chapter.	318

(9) Include in any transfer, rental, or lease of housing	319
accommodations any restrictive covenant, or honor or exercise, or	320
attempt to honor or exercise, any restrictive covenant;	321

(10) Induce or solicit, or attempt to induce or solicit, a	322
housing accommodations listing, sale, or transaction by	323
representing that a change has occurred or may occur with respect	324
to the racial, religious, sexual, military status, familial	325
status, or ethnic composition of the block, neighborhood, or other	326
area in which the housing accommodations are located, or induce or	327
solicit, or attempt to induce or solicit, a housing accommodations	328
listing, sale, or transaction by representing that the presence or	329
anticipated presence of persons of any race, color, religion, sex,	330
military status, familial status, ancestry, disability, or	331
national origin, in the block, neighborhood, or other area will or	332
may have results including, but not limited to, the following:	333

(a) The lowering of property values;

334

(b) A change in the racial, religious, sexual, military	335
status, familial status, or ethnic composition of the block,	336
neighborhood, or other area;	337

(c) An increase in criminal or antisocial behavior in the	338
block, neighborhood, or other area;	339

(d) A decline in the quality of the schools serving the	340
block, neighborhood, or other area.	341

(11) Deny any person access to or membership or participation	342
in any multiple-listing service, real estate brokers'	343
organization, or other service, organization, or facility relating	344
to the business of selling or renting housing accommodations, or	345
discriminate against any person in the terms or conditions of that	346
access, membership, or participation, on account of race, color,	347
religion, sex, military status, familial status, national origin,	348
disability, or ancestry;	349

(12) Coerce, intimidate, threaten, or interfere with any	350
person in the exercise or enjoyment of, or on account of that	351
person's having exercised or enjoyed or having aided or encouraged	352
any other person in the exercise or enjoyment of, any right	353
granted or protected by division (H) of this section;	354

(13) Discourage or attempt to discourage the purchase by a	355
prospective purchaser of housing accommodations, by representing	356
that any block, neighborhood, or other area has undergone or might	357
undergo a change with respect to its religious, racial, sexual,	358
military status, familial status, or ethnic composition;	359

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	360
or finance, or otherwise deny or withhold, a burial lot from any	361
person because of the race, color, sex, military status, familial	362
status, age, ancestry, disability, or national origin of any	363
prospective owner or user of the lot;	364

(15) Discriminate in the sale or rental of, or otherwise make	365
unavailable or deny, housing accommodations to any buyer or renter	366
because of a disability of any of the following:	367

(a) The buyer or renter;

368

(b) A person residing in or intending to reside in the	369
housing accommodations after they are sold, rented, or made	370
available;	371

(c) Any individual associated with the person described in	372
division (H)(15)(b) of this section.	373

(16) Discriminate in the terms, conditions, or privileges of	374
the sale or rental of housing accommodations to any person or in	375
the provision of services or facilities to any person in	376
connection with the housing accommodations because of a disability	377
of any of the following:	378

(a) That person;

379

(b) A person residing in or intending to reside in the	380
housing accommodations after they are sold, rented, or made	381
available;	382

(c) Any individual associated with the person described in	383
division (H)(16)(b) of this section.	384

(17) Except as otherwise provided in division (H)(17) of this	385
section, make an inquiry to determine whether an applicant for the	386
sale or rental of housing accommodations, a person residing in or	387
intending to reside in the housing accommodations after they are	388
sold, rented, or made available, or any individual associated with	389
that person has a disability, or make an inquiry to determine the	390
nature or severity of a disability of the applicant or such a	391
person or individual. The following inquiries may be made of all	392
applicants for the sale or rental of housing accommodations,	393
regardless of whether they have disabilities:	394

(a) An inquiry into an applicant's ability to meet the	395
requirements of ownership or tenancy;	396

(b) An inquiry to determine whether an applicant is qualified	397
for housing accommodations available only to persons with	398
disabilities or persons with a particular type of disability;	399

(c) An inquiry to determine whether an applicant is qualified	400
for a priority available to persons with disabilities or persons	401
with a particular type of disability;	402

(d) An inquiry to determine whether an applicant currently	403
uses a controlled substance in violation of section 2925.11 of the	404
Revised Code or a substantively comparable municipal ordinance;	405

(e) An inquiry to determine whether an applicant at any time	406
has been convicted of or pleaded guilty to any offense, an element	407
of which is the illegal sale, offer to sell, cultivation,	408
manufacture, other production, shipment, transportation, delivery,	409
or other distribution of a controlled substance.	410

(18)(a) Refuse to permit, at the expense of a person with a	411
disability, reasonable modifications of existing housing	412
accommodations that are occupied or to be occupied by the person	413
with a disability, if the modifications may be necessary to afford	414
the person with a disability full enjoyment of the housing	415
accommodations. This division does not preclude a landlord of	416
housing accommodations that are rented or to be rented to a	417
disabled tenant from conditioning permission for a proposed	418
modification upon the disabled tenant's doing one or more of the	419
following:	420

(i) Providing a reasonable description of the proposed	421
modification and reasonable assurances that the proposed	422
modification will be made in a workerlike manner and that any	423
required building permits will be obtained prior to the	424
commencement of the proposed modification;	425

(ii) Agreeing to restore at the end of the tenancy the	426
interior of the housing accommodations to the condition they were	427
in prior to the proposed modification, but subject to reasonable	428
wear and tear during the period of occupancy, if it is reasonable	429
for the landlord to condition permission for the proposed	430
modification upon the agreement;	431

(iii) Paying into an interest-bearing escrow account that is	432
in the landlord's name, over a reasonable period of time, a	433
reasonable amount of money not to exceed the projected costs at	434
the end of the tenancy of the restoration of the interior of the	435
housing accommodations to the condition they were in prior to the	436
proposed modification, but subject to reasonable wear and tear	437
during the period of occupancy, if the landlord finds the account	438
reasonably necessary to ensure the availability of funds for the	439
restoration work. The interest earned in connection with an escrow	440
account described in this division shall accrue to the benefit of	441
the disabled tenant who makes payments into the account.	442

(b) A landlord shall not condition permission for a proposed	443
modification upon a disabled tenant's payment of a security	444
deposit that exceeds the customarily required security deposit of	445
all tenants of the particular housing accommodations.	446

(19) Refuse to make reasonable accommodations in rules,	447
policies, practices, or services when necessary to afford a person	448
with a disability equal opportunity to use and enjoy a dwelling	449
unit, including associated public and common use areas;	450

(20) Fail to comply with the standards and rules adopted	451
under division (A) of section 3781.111 of the Revised Code;	452

(21) Discriminate against any person in the selling,	453
brokering, or appraising of real property because of race, color,	454
religion, sex, military status, familial status, ancestry,	455
disability, or national origin;	456

(22) Fail to design and construct covered multifamily	457
dwellings for first occupancy on or after June 30, 1992, in	458
accordance with the following conditions:	459

(a) The dwellings shall have at least one building entrance	460
on an accessible route, unless it is impractical to do so because	461
of the terrain or unusual characteristics of the site.	462

(b) With respect to dwellings that have a building entrance	463
on an accessible route, all of the following apply:	464

(i) The public use areas and common use areas of the	465
dwellings shall be readily accessible to and usable by persons	466
with a disability.	467

(ii) All the doors designed to allow passage into and within	468
all premises shall be sufficiently wide to allow passage by	469
persons with a disability who are in wheelchairs.	470

(iii) All premises within covered multifamily dwelling units	471
shall contain an accessible route into and through the dwelling;	472
all light switches, electrical outlets, thermostats, and other	473
environmental controls within such units shall be in accessible	474
locations; the bathroom walls within such units shall contain	475
reinforcements to allow later installation of grab bars; and the	476
kitchens and bathrooms within such units shall be designed and	477
constructed in a manner that enables an individual in a wheelchair	478
to maneuver about such rooms.	479

For purposes of division (H)(22) of this section, "covered	480
multifamily dwellings" means buildings consisting of four or more	481
units if such buildings have one or more elevators and ground	482
floor units in other buildings consisting of four or more units.	483

(I) For any person to discriminate in any manner against any	484
other person because that person has opposed any unlawful	485
discriminatory practice defined in this section or because that	486
person has made a charge, testified, assisted, or participated in	487
any manner in any investigation, proceeding, or hearing under	488
sections 4112.01 to 4112.07 of the Revised Code.	489

(J) For any person to aid, abet, incite, compel, or coerce	490
the doing of any act declared by this section to be an unlawful	491
discriminatory practice, to obstruct or prevent any person from	492
complying with this chapter or any order issued under it, or to	493
attempt directly or indirectly to commit any act declared by this	494
section to be an unlawful discriminatory practice.	495

(K)(1) For any person to do any of the following with the	496
social security number of an individual residing in this state:	497

(a) Place the social security number on any card, tag, badge,	498
or other device issued or used for identification or membership,	499
for the purpose of providing access to products or services, or	500
any other card, tag, badge, or device issued to an individual. As	501
used in division (K)(1)(a) of this section, "place" includes	502
printing, embedding, encoding within a magnetic strip or on a	503
chip, and any other means of affixing the social security number	504
on a card, tag, badge, or other device.	505

(b) Solicit or require the use of the social security number	506
as a password for computerized service, telephone customer	507
service, or a web site, or require that an individual provide the	508
individual's social security number as a condition to access	509
goods, services, or a web site;	510

(c) Solicit or require an individual to transmit the	511
individual's social security number over the internet, unless the	512
connection is secure or the social security number is encrypted;	513

(d) Print an individual's social security number on mailing	514
material that does not require an envelope or in any other manner	515
that makes a social security number visible without the envelope	516
being opened;	517

(e) Publicly display, or otherwise make available to the	518
public, including by sale to the public, the social security	519
number of another individual.	520

(2) Nothing in division (K) of this section prohibits a	521
person from including the person's own social security number, or	522
the social security number of the individual's minor child, on	523
materials sent through the mail. Division (K) of this section does	524
not apply to the mailing of a public record that contains a social	525
security number. Division (K) of this section does not prevent the	526
collection, use, or release of a social security number as	527
required by state or federal law or the use of a social security	528
number for internal verification or administrative purposes.	529

(L)(1) Nothing in division (H) of this section shall bar any	530
religious or denominational institution or organization, or any	531
nonprofit charitable or educational organization that is operated,	532
supervised, or controlled by or in connection with a religious	533
organization, from limiting the sale, rental, or occupancy of	534
housing accommodations that it owns or operates for other than a	535
commercial purpose to persons of the same religion, or from giving	536
preference in the sale, rental, or occupancy of such housing	537
accommodations to persons of the same religion, unless membership	538
in the religion is restricted on account of race, color, or	539
national origin.	540

(2) Nothing in division (H) of this section shall bar any	541
bona fide private or fraternal organization that, incidental to	542
its primary purpose, owns or operates lodgings for other than a	543
commercial purpose, from limiting the rental or occupancy of the	544
lodgings to its members or from giving preference to its members.	545

(3) Nothing in division (H) of this section limits the	546
applicability of any reasonable local, state, or federal	547
restrictions regarding the maximum number of occupants permitted	548
to occupy housing accommodations. Nothing in that division	549
prohibits the owners or managers of housing accommodations from	550
implementing reasonable occupancy standards based on the number	551
and size of sleeping areas or bedrooms and the overall size of a	552
dwelling unit, provided that the standards are not implemented to	553
circumvent the purposes of this chapter and are formulated,	554
implemented, and interpreted in a manner consistent with this	555
chapter and any applicable local, state, or federal restrictions	556
regarding the maximum number of occupants permitted to occupy	557
housing accommodations.	558

(4) Nothing in division (H) of this section requires that	559
housing accommodations be made available to an individual whose	560
tenancy would constitute a direct threat to the health or safety	561
of other individuals or whose tenancy would result in substantial	562
physical damage to the property of others.	563

(5) Nothing in division (H) of this section pertaining to	564
discrimination on the basis of familial status shall be construed	565
to apply to any of the following:	566

(a) Housing accommodations provided under any state or	567
federal program that have been determined under the "Fair Housing	568
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	569
amended, to be specifically designed and operated to assist	570
elderly persons;	571

(b) Housing accommodations intended for and solely occupied	572
by persons who are sixty-two years of age or older;	573

(c) Housing accommodations intended and operated for	574
occupancy by at least one person who is fifty-five years of age or	575
older per unit, as determined under the "Fair Housing Amendments	576
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	577

(L)(M) Nothing in divisions (A) to (E) of this section shall	578
be construed to require a person with a disability to be employed	579
or trained under circumstances that would significantly increase	580
the occupational hazards affecting either the person with a	581
disability, other employees, the general public, or the facilities	582
in which the work is to be performed, or to require the employment	583
or training of a person with a disability in a job that requires	584
the person with a disability routinely to undertake any task, the	585
performance of which is substantially and inherently impaired by	586
the person's disability.	587

(M)(N) Nothing in divisions (H)(1) to (18) of this section	588
shall be construed to require any person selling or renting	589
property to modify the property in any way or to exercise a higher	590
degree of care for a person with a disability, to relieve any	591
person with a disability of any obligation generally imposed on	592
all persons regardless of disability in a written lease, rental	593
agreement, or contract of purchase or sale, or to forbid	594
distinctions based on the inability to fulfill the terms and	595
conditions, including financial obligations, of the lease,	596
agreement, or contract.	597

(N)(O) An aggrieved individual may enforce the individual's	598
rights relative to discrimination on the basis of age as provided	599
for in this section by instituting a civil action, within one	600
hundred eighty days after the alleged unlawful discriminatory	601
practice occurred, in any court with jurisdiction for any legal or	602
equitable relief that will effectuate the individual's rights.	603

A person who files a civil action under this division is	604
barred, with respect to the practices complained of, from	605
instituting a civil action under section 4112.14 of the Revised	606
Code and from filing a charge with the commission under section	607
4112.05 of the Revised Code.	608

(O)(P) With regard to age, it shall not be an unlawful	609
discriminatory practice and it shall not constitute a violation of	610
division (A) of section 4112.14 of the Revised Code for any	611
employer, employment agency, joint labor-management committee	612
controlling apprenticeship training programs, or labor	613
organization to do any of the following:	614

(1) Establish bona fide employment qualifications reasonably	615
related to the particular business or occupation that may include	616
standards for skill, aptitude, physical capability, intelligence,	617
education, maturation, and experience;	618

(2) Observe the terms of a bona fide seniority system or any	619
bona fide employee benefit plan, including, but not limited to, a	620
retirement, pension, or insurance plan, that is not a subterfuge	621
to evade the purposes of this section. However, no such employee	622
benefit plan shall excuse the failure to hire any individual, and	623
no such seniority system or employee benefit plan shall require or	624
permit the involuntary retirement of any individual, because of	625
the individual's age except as provided for in the "Age	626
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	627
29 U.S.C.A. 623, as amended by the "Age Discrimination in	628
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	629
623, as amended.	630

(3) Retire an employee who has attained sixty-five years of	631
age who, for the two-year period immediately before retirement, is	632
employed in a bona fide executive or a high policymaking position,	633
if the employee is entitled to an immediate nonforfeitable annual	634
retirement benefit from a pension, profit-sharing, savings, or	635
deferred compensation plan, or any combination of those plans, of	636
the employer of the employee, which equals, in the aggregate, at	637
least forty-four thousand dollars, in accordance with the	638
conditions of the "Age Discrimination in Employment Act Amendment	639
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	640
Discrimination in Employment Act Amendments of 1986," 100 Stat.	641
3342, 29 U.S.C.A. 631, as amended;	642

(4) Observe the terms of any bona fide apprenticeship program	643
if the program is registered with the Ohio apprenticeship council	644
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	645
approved by the federal committee on apprenticeship of the United	646
States department of labor.	647

(P)(Q) Nothing in this chapter prohibiting age discrimination	648
and nothing in division (A) of section 4112.14 of the Revised Code	649
shall be construed to prohibit the following:	650

(1) The designation of uniform age the attainment of which is	651
necessary for public employees to receive pension or other	652
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	653
or 5505. of the Revised Code;	654

(2) The mandatory retirement of uniformed patrol officers of	655
the state highway patrol as provided in section 5505.16 of the	656
Revised Code;	657

(3) The maximum age requirements for appointment as a patrol	658
officer in the state highway patrol established by section 5503.01	659
of the Revised Code;	660

(4) The maximum age requirements established for original	661
appointment to a police department or fire department in sections	662
124.41 and 124.42 of the Revised Code;	663

(5) Any maximum age not in conflict with federal law that may	664
be established by a municipal charter, municipal ordinance, or	665
resolution of a board of township trustees for original	666
appointment as a police officer or firefighter;	667

(6) Any mandatory retirement provision not in conflict with	668
federal law of a municipal charter, municipal ordinance, or	669
resolution of a board of township trustees pertaining to police	670
officers and firefighters;	671

(7) Until January 1, 1994, the mandatory retirement of any	672
employee who has attained seventy years of age and who is serving	673
under a contract of unlimited tenure, or similar arrangement	674
providing for unlimited tenure, at an institution of higher	675
education as defined in the "Education Amendments of 1980," 94	676
Stat. 1503, 20 U.S.C.A. 1141(a).	677

(Q)(R)(1)(a) Except as provided in division (Q)(R)(1)(b) of	678
this section, for purposes of divisions (A) to (E) of this	679
section, a disability does not include any physiological disorder	680
or condition, mental or psychological disorder, or disease or	681
condition caused by an illegal use of any controlled substance by	682
an employee, applicant, or other person, if an employer,	683
employment agency, personnel placement service, labor	684
organization, or joint labor-management committee acts on the	685
basis of that illegal use.	686

(b) Division (Q)(R)(1)(a) of this section does not apply to	687
an employee, applicant, or other person who satisfies any of the	688
following:	689

(i) The employee, applicant, or other person has successfully	690
completed a supervised drug rehabilitation program and no longer	691
is engaging in the illegal use of any controlled substance, or the	692
employee, applicant, or other person otherwise successfully has	693
been rehabilitated and no longer is engaging in that illegal use.	694

(ii) The employee, applicant, or other person is	695
participating in a supervised drug rehabilitation program and no	696
longer is engaging in the illegal use of any controlled substance.	697

(iii) The employee, applicant, or other person is erroneously	698
regarded as engaging in the illegal use of any controlled	699
substance, but the employee, applicant, or other person is not	700
engaging in that illegal use.	701

(2) Divisions (A) to (E) of this section do not prohibit an	702
employer, employment agency, personnel placement service, labor	703
organization, or joint labor-management committee from doing any	704
of the following:	705

(a) Adopting or administering reasonable policies or	706
procedures, including, but not limited to, testing for the illegal	707
use of any controlled substance, that are designed to ensure that	708
an individual described in division (Q)(R)(1)(b)(i) or (ii) of	709
this section no longer is engaging in the illegal use of any	710
controlled substance;	711

(b) Prohibiting the illegal use of controlled substances and	712
the use of alcohol at the workplace by all employees;	713

(c) Requiring that employees not be under the influence of	714
alcohol or not be engaged in the illegal use of any controlled	715
substance at the workplace;	716

(d) Requiring that employees behave in conformance with the	717
requirements established under "The Drug-Free Workplace Act of	718
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	719

(e) Holding an employee who engages in the illegal use of any	720
controlled substance or who is an alcoholic to the same	721
qualification standards for employment or job performance, and the	722
same behavior, to which the employer, employment agency, personnel	723
placement service, labor organization, or joint labor-management	724
committee holds other employees, even if any unsatisfactory	725
performance or behavior is related to an employee's illegal use of	726
a controlled substance or alcoholism;	727

(f) Exercising other authority recognized in the "Americans	728
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	729
as amended, including, but not limited to, requiring employees to	730
comply with any applicable federal standards.	731

(3) For purposes of this chapter, a test to determine the	732
illegal use of any controlled substance does not include a medical	733
examination.	734

(4) Division (Q)(R) of this section does not encourage,	735
prohibit, or authorize, and shall not be construed as encouraging,	736
prohibiting, or authorizing, the conduct of testing for the	737
illegal use of any controlled substance by employees, applicants,	738
or other persons, or the making of employment decisions based on	739
the results of that type of testing.	740

Sec. 4112.05.  (A) The commission, as provided in this	741
section, shall prevent any person from engaging in unlawful	742
discriminatory practices, provided that, before instituting the	743
formal hearing authorized by division (B) of this section, it	744
shall attempt, by informal methods of conference, conciliation,	745
and persuasion, to induce compliance with this chapter.	746

(B)(1) Any person may file a charge with the commission	747
alleging that another person has engaged or is engaging in an	748
unlawful discriminatory practice. In the case of a charge alleging	749
an unlawful discriminatory practice described in division (A),	750
(B), (C), (D), (E), (F), (G), (I), or (J), or (K) of section	751
4112.02 or in section 4112.021 or 4112.022 of the Revised Code,	752
the charge shall be in writing and under oath and shall be filed	753
with the commission within six months after the alleged unlawful	754
discriminatory practice was committed. In the case of a charge	755
alleging an unlawful discriminatory practice described in division	756
(H) of section 4112.02 of the Revised Code, the charge shall be in	757
writing and under oath and shall be filed with the commission	758
within one year after the alleged unlawful discriminatory practice	759
was committed.	760

(2) Upon receiving a charge, the commission may initiate a	761
preliminary investigation to determine whether it is probable that	762
an unlawful discriminatory practice has been or is being engaged	763
in. The commission also may conduct, upon its own initiative and	764
independent of the filing of any charges, a preliminary	765
investigation relating to any of the unlawful discriminatory	766
practices described in division (A), (B), (C), (D), (E), (F), (I),	767
or (J), or (K) of section 4112.02 or in section 4112.021 or	768
4112.022 of the Revised Code. Prior to a notification of a	769
complainant under division (B)(4) of this section or prior to the	770
commencement of informal methods of conference, conciliation, and	771
persuasion under that division, the members of the commission and	772
the officers and employees of the commission shall not make public	773
in any manner and shall retain as confidential all information	774
that was obtained as a result of or that otherwise pertains to a	775
preliminary investigation other than one described in division	776
(B)(3) of this section.	777

(3)(a) Unless it is impracticable to do so and subject to its	778
authority under division (B)(3)(d) of this section, the commission	779
shall complete a preliminary investigation of a charge filed	780
pursuant to division (B)(1) of this section that alleges an	781
unlawful discriminatory practice described in division (H) of	782
section 4112.02 of the Revised Code, and shall take one of the	783
following actions, within one hundred days after the filing of the	784
charge:	785

(i) Notify the complainant and the respondent that it is not	786
probable that an unlawful discriminatory practice described in	787
division (H) of section 4112.02 of the Revised Code has been or is	788
being engaged in and that the commission will not issue a	789
complaint in the matter;	790

(ii) Initiate a complaint and schedule it for informal	791
methods of conference, conciliation, and persuasion;	792

(iii) Initiate a complaint and refer it to the attorney	793
general with a recommendation to seek a temporary or permanent	794
injunction or a temporary restraining order. If this action is	795
taken, the attorney general shall apply, as expeditiously as	796
possible after receipt of the complaint, to the court of common	797
pleas of the county in which the unlawful discriminatory practice	798
allegedly occurred for the appropriate injunction or order, and	799
the court shall hear and determine the application as	800
expeditiously as possible.	801

(b) If it is not practicable to comply with the requirements	802
of division (B)(3)(a) of this section within the one-hundred-day	803
period described in that division, the commission shall notify the	804
complainant and the respondent in writing of the reasons for the	805
noncompliance.	806

(c) Prior to the issuance of a complaint under division	807
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	808
of the complainant and the respondent under division (B)(3)(a)(i)	809
of this section, the members of the commission and the officers	810
and employees of the commission shall not make public in any	811
manner and shall retain as confidential all information that was	812
obtained as a result of or that otherwise pertains to a	813
preliminary investigation of a charge filed pursuant to division	814
(B)(1) of this section that alleges an unlawful discriminatory	815
practice described in division (H) of section 4112.05 of the	816
Revised Code.	817

(d) Notwithstanding the types of action described in	818
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	819
issuance of a complaint or the referral of a complaint to the	820
attorney general and prior to endeavoring to eliminate an unlawful	821
discriminatory practice described in division (H) of section	822
4112.02 of the Revised Code by informal methods of conference,	823
conciliation, and persuasion, the commission may seek a temporary	824
or permanent injunction or a temporary restraining order in the	825
court of common pleas of the county in which the unlawful	826
discriminatory practice allegedly occurred.	827

(4) If the commission determines after a preliminary	828
investigation other than one described in division (B)(3) of this	829
section that it is not probable that an unlawful discriminatory	830
practice has been or is being engaged in, it shall notify any	831
complainant under division (B)(1) of this section that it has so	832
determined and that it will not issue a complaint in the matter.	833
If the commission determines after a preliminary investigation	834
other than the one described in division (B)(3) of this section	835
that it is probable that an unlawful discriminatory practice has	836
been or is being engaged in, it shall endeavor to eliminate the	837
practice by informal methods of conference, conciliation, and	838
persuasion.	839

(5) Nothing said or done during informal methods of	840
conference, conciliation, and persuasion under this section shall	841
be disclosed by any member of the commission or its staff or be	842
used as evidence in any subsequent hearing or other proceeding.	843
If, after a preliminary investigation and the use of informal	844
methods of conference, conciliation, and persuasion under this	845
section, the commission is satisfied that any unlawful	846
discriminatory practice will be eliminated, it may treat the	847
charge involved as being conciliated and enter that disposition on	848
the records of the commission. If the commission fails to effect	849
the elimination of an unlawful discriminatory practice by informal	850
methods of conference, conciliation, and persuasion under this	851
section and to obtain voluntary compliance with this chapter, the	852
commission shall issue and cause to be served upon any person,	853
including the respondent against whom a complainant has filed a	854
charge pursuant to division (B)(1) of this section, a complaint	855
stating the charges involved and containing a notice of an	856
opportunity for a hearing before the commission, a member of the	857
commission, or a hearing examiner at a place that is stated in the	858
notice and that is located within the county in which the alleged	859
unlawful discriminatory practice has occurred or is occurring or	860
in which the respondent resides or transacts business. The hearing	861
shall be held not less than thirty days after the service of the	862
complaint upon the complainant, the aggrieved persons other than	863
the complainant on whose behalf the complaint is issued, and the	864
respondent, unless the complainant, an aggrieved person, or the	865
respondent elects to proceed under division (A)(2) of section	866
4112.051 of the Revised Code when that division is applicable. If	867
a complaint pertains to an alleged unlawful discriminatory	868
practice described in division (H) of section 4112.02 of the	869
Revised Code, the complaint shall notify the complainant, an	870
aggrieved person, and the respondent of the right of the	871
complainant, an aggrieved person, or the respondent to elect to	872
proceed with the administrative hearing process under this section	873
or to proceed under division (A)(2) of section 4112.051 of the	874
Revised Code.	875

(6) The attorney general shall represent the commission at	876
any hearing held pursuant to division (B)(5) of this section and	877
shall present the evidence in support of the complaint.	878

(7) Any complaint issued pursuant to division (B)(5) of this	879
section after the filing of a charge under division (B)(1) of this	880
section shall be so issued within one year after the complainant	881
filed the charge with respect to an alleged unlawful	882
discriminatory practice.	883

(C) Any complaint issued pursuant to division (B) of this	884
section may be amended by the commission, a member of the	885
commission, or the hearing examiner conducting a hearing under	886
division (B) of this section, at any time prior to or during the	887
hearing. The respondent has the right to file an answer or an	888
amended answer to the original and amended complaints and to	889
appear at the hearing in person, by attorney, or otherwise to	890
examine and cross-examine witnesses.	891

(D) The complainant shall be a party to a hearing under	892
division (B) of this section, and any person who is an	893
indispensable party to a complete determination or settlement of a	894
question involved in the hearing shall be joined. Any aggrieved	895
person who has or claims an interest in the subject of the hearing	896
and in obtaining or preventing relief against the unlawful	897
discriminatory practices complained of shall be permitted to	898
appear only for the presentation of oral or written arguments, to	899
present evidence, perform direct and cross-examination, and be	900
represented by counsel. The commission shall adopt rules, in	901
accordance with Chapter 119. of the Revised Code governing the	902
authority granted under this division.	903

(E) In any hearing under division (B) of this section, the	904
commission, a member of the commission, or the hearing examiner	905
shall not be bound by the Rules of Evidence but, in ascertaining	906
the practices followed by the respondent, shall take into account	907
all reliable, probative, and substantial statistical or other	908
evidence produced at the hearing that may tend to prove the	909
existence of a predetermined pattern of employment or membership,	910
provided that nothing contained in this section shall be construed	911
to authorize or require any person to observe the proportion that	912
persons of any race, color, religion, sex, military status,	913
familial status, national origin, disability, age, or ancestry	914
bear to the total population or in accordance with any criterion	915
other than the individual qualifications of the applicant.	916

(F) The testimony taken at a hearing under division (B) of	917
this section shall be under oath and shall be reduced to writing	918
and filed with the commission. Thereafter, in its discretion, the	919
commission, upon the service of a notice upon the complainant and	920
the respondent that indicates an opportunity to be present, may	921
take further testimony or hear argument.	922

(G)(1) If, upon all reliable, probative, and substantial	923
evidence presented at a hearing under division (B) of this	924
section, the commission determines that the respondent has engaged	925
in, or is engaging in, any unlawful discriminatory practice,	926
whether against the complainant or others, the commission shall	927
state its findings of fact and conclusions of law and shall issue	928
and, subject to the provisions of Chapter 119. of the Revised	929
Code, cause to be served on the respondent an order requiring the	930
respondent to cease and desist from the unlawful discriminatory	931
practice, requiring the respondent to take any further affirmative	932
or other action that will effectuate the purposes of this chapter,	933
including, but not limited to, hiring, reinstatement, or upgrading	934
of employees with or without back pay, or admission or restoration	935
to union membership, and requiring the respondent to report to the	936
commission the manner of compliance. If the commission directs	937
payment of back pay, it shall make allowance for interim earnings.	938
If it finds a violation of division (K) of section 4112.02 of the	939
Revised Code, the commission additionally shall require the	940
respondent to pay the fine required under division (B) of section	941
4112.99 of the Revised Code. If it finds a violation of division	942
(H) of section 4112.02 of the Revised Code, the commission	943
additionally shall require the respondent to pay actual damages	944
and reasonable attorney's fees, and may award to the complainant	945
punitive damages as follows:	946

(a) If division (G)(1)(b) or (c) of this section does not	947
apply, punitive damages in an amount not to exceed ten thousand	948
dollars;	949

(b) If division (G)(1)(c) of this section does not apply and	950
if the respondent has been determined by a final order of the	951
commission or by a final judgment of a court to have committed one	952
violation of division (H) of section 4112.02 of the Revised Code	953
during the five-year period immediately preceding the date on	954
which a complaint was issued pursuant to division (B) of this	955
section, punitive damages in an amount not to exceed twenty-five	956
thousand dollars;	957

(c) If the respondent has been determined by a final order of	958
the commission or by a final judgment of a court to have committed	959
two or more violations of division (H) of section 4112.02 of the	960
Revised Code during the seven-year period immediately preceding	961
the date on which a complaint was issued pursuant to division (B)	962
of this section, punitive damages in an amount not to exceed fifty	963
thousand dollars.	964

(2) Upon the submission of reports of compliance, the	965
commission may issue a declaratory order stating that the	966
respondent has ceased to engage in particular unlawful	967
discriminatory practices.	968

(H) If the commission finds that no probable cause exists for	969
crediting charges of unlawful discriminatory practices or if, upon	970
all the evidence presented at a hearing under division (B) of this	971
section on a charge, the commission finds that a respondent has	972
not engaged in any unlawful discriminatory practice against the	973
complainant or others, it shall state its findings of fact and	974
shall issue and cause to be served on the complainant an order	975
dismissing the complaint as to the respondent. A copy of the order	976
shall be delivered in all cases to the attorney general and any	977
other public officers whom the commission considers proper.	978

(I) Until the time period for appeal set forth in division	979
(H) of section 4112.06 of the Revised Code expires, the	980
commission, subject to the provisions of Chapter 119. of the	981
Revised Code, at any time, upon reasonable notice, and in the	982
manner it considers proper, may modify or set aside, in whole or	983
in part, any finding or order made by it under this section.	984

Sec. 4112.08.  This chapter shall be construed liberally for	985
the accomplishment of its purposes, and any law inconsistent with	986
any provision of this chapter shall not apply. Nothing contained	987
in this chapter shall be considered to repeal any of the	988
provisions of any law of this state relating to discrimination	989
because of race, color, religion, sex, military status, familial	990
status, disability, national origin, age, or ancestry, except that	991
any person filing a charge under division (B)(1) of section	992
4112.05 of the Revised Code, with respect to the unlawful	993
discriminatory practices complained of, is barred from instituting	994
a civil action under section 4112.14 or division (N)(O) of section	995
4112.02 of the Revised Code.	996

Sec. 4112.14.  (A) No employer shall discriminate in any job	997
opening against any applicant or discharge without just cause any	998
employee aged forty or older who is physically able to perform the	999
duties and otherwise meets the established requirements of the job	1000
and laws pertaining to the relationship between employer and	1001
employee.	1002

(B) Any person aged forty or older who is discriminated	1003
against in any job opening or discharged without just cause by an	1004
employer in violation of division (A) of this section may	1005
institute a civil action against the employer in a court of	1006
competent jurisdiction. If the court finds that an employer has	1007
discriminated on the basis of age, the court shall order an	1008
appropriate remedy which shall include reimbursement to the	1009
applicant or employee for the costs, including reasonable	1010
attorney's fees, of the action, or to reinstate the employee in	1011
the employee's former position with compensation for lost wages	1012
and any lost fringe benefits from the date of the illegal	1013
discharge and to reimburse the employee for the costs, including	1014
reasonable attorney's fees, of the action. The remedies available	1015
under this section are coexistent with remedies available pursuant	1016
to sections 4112.01 to 4112.11 of the Revised Code; except that	1017
any person instituting a civil action under this section is, with	1018
respect to the practices complained of, thereby barred from	1019
instituting a civil action under division (N)(O) of section	1020
4112.02 of the Revised Code or from filing a charge with the Ohio	1021
civil rights commission under section 4112.05 of the Revised Code.	1022

(C) The cause of action described in division (B) of this	1023
section and any remedies available pursuant to sections 4112.01 to	1024
4112.11 of the Revised Code shall not be available in the case of	1025
discharges where the employee has available to the employee the	1026
opportunity to arbitrate the discharge or where a discharge has	1027
been arbitrated and has been found to be for just cause.	1028

Sec. 4112.15.  There is hereby created in the state treasury	1029
the civil rights commission general reimbursement fund, which	1030
shall be used to pay operating costs of the commission. All	1031
amounts received by the commission, and all amounts awarded by a	1032
court to the commission, for attorney's fees, court costs, expert	1033
witness fees, and other litigation expenses shall be paid into the	1034
state treasury to the credit of the fund. All amounts received by	1035
the commission for copies of commission documents and for other	1036
goods and services furnished by the commission shall be paid into	1037
the state treasury to the credit of the fund. All the collected	1038
fines charged under division (B) of section 4112.99 of the Revised	1039
Code shall be paid into the state treasury to the credit of the	1040
fund.	1041

Sec. 4112.99. (A) Whoever violates this chapter is subject to	1042
a civil action for damages, injunctive relief, or any other	1043
appropriate relief.	1044

(B) In addition to any damages and relief that may be	1045
available in division (A) of this section, whoever violates	1046
division (K) of section 4112.02 of the Revised Code shall be fined	1047
not more than one thousand dollars for the first violation of that	1048
division, and not more than two thousand dollars for each	1049
subsequent violation.	1050

Section 2. That existing sections 4112.01, 4112.02, 4112.05,	1051
4112.08, 4112.14, 4112.15, and 4112.99 of the Revised Code are	1052
hereby repealed.	1053