As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 125

Senators LaRose, Skindell 

Cosponsors: Senators Tavares, Brown, Cafaro, Gentile, Kearney, Sawyer, Schiavoni, Smith, Turner 

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A BILL

To amend sections 9.03, 124.93, 125.111, 153.59,

1

153.591, 340.12, 511.03, 717.01, 1501.012,

2

1751.18, 2927.03, 3113.36, 3301.53, 3304.14,

3

3304.50, 3313.481, 3314.06, 3332.09, 3721.13,

4

3905.55, 4111.17, 4112.01, 4112.02, 4112.021,

5

4112.04, 4112.05, 4112.08, 4117.19, 4735.16,

6

4735.55, 4757.07, 4758.16, 4765.18, 5104.09,

7

5107.26, 5111.31, 5119.623, 5123.351, 5126.07,

8

5515.08, and 5709.832 of the Revised Code to

9

prohibit discrimination on the basis of sexual

10

orientation or gender identity, to create an

11

exception for unlawful discriminatory practices

12

concerning admission to or membership in certain

13

religious organizations, to add mediation to the

14

list of informal methods by which the Ohio Civil

15

Rights Commission must attempt to induce

16

compliance with Ohio's Civil Rights Law before

17

instituting a public hearing, and to amend the

18

version of section 5104.09 of the Revised Code

19

that is scheduled to take effect January 1, 2014,

20

to continue the provisions of this act on and

21

after that effective date.

22

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

Section 1.  That sections 9.03, 124.93, 125.111, 153.59,	23
153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03,	24
3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09,	25
3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04,	26
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16,	27
4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07,	28
5515.08, and 5709.832 of the Revised Code be amended to read as	29
follows:	30

Sec. 9.03.  (A) As used in this section:

31

(1) "Political subdivision" means any body corporate and	32
politic, except a municipal corporation that has adopted a charter	33
under Section 7 of Article XVIII, Ohio Constitution, and except a	34
county that has adopted a charter under Sections 3 and 4 of	35
Article X, Ohio Constitution, to which both of the following	36
apply:	37

(a) It is responsible for governmental activities only in a	38
geographic area smaller than the state.	39

(b) It is subject to the sovereign immunity of the state.

40

(2) "Cigarettes" and "tobacco product" have the same meanings	41
as in section 5743.01 of the Revised Code.	42

(3) "Transaction" has the same meaning as in section 1315.51	43
of the Revised Code.	44

(4) "Campaign committee," "campaign fund," "candidate,"	45
"legislative campaign fund," "political action committee,"	46
"political committee," "political party," and "separate segregated	47
fund" have the same meanings as in section 3517.01 of the Revised	48
Code.	49

(B) Except as otherwise provided in division (C) of this	50
section, the governing body of a political subdivision may use	51
public funds to publish and distribute newsletters, or to use any	52
other means, to communicate information about the plans, policies,	53
and operations of the political subdivision to members of the	54
public within the political subdivision and to other persons who	55
may be affected by the political subdivision.	56

(C) Except as otherwise provided in division (A)(7) of	57
section 340.03 or division (A)(12) of section 340.033 of the	58
Revised Code, no governing body of a political subdivision shall	59
use public funds to do any of the following:	60

(1) Publish, distribute, or otherwise communicate information	61
that does any of the following:	62

(a) Contains defamatory, libelous, or obscene matter;

63

(b) Promotes alcoholic beverages, cigarettes or other tobacco	64
products, or any illegal product, service, or activity;	65

(c) Promotes illegal discrimination on the basis of race,	66
color, religion, age, ancestry, national origin, or handicap, age,	67
or ancestry; or sexual orientation or gender identity as those	68
terms are defined in section 4112.01 of the Revised Code;	69

(d) Supports or opposes any labor organization or any action	70
by, on behalf of, or against any labor organization;	71

(e) Supports or opposes the nomination or election of a	72
candidate for public office, the investigation, prosecution, or	73
recall of a public official, or the passage of a levy or bond	74
issue.	75

(2) Compensate any employee of the political subdivision for	76
time spent on any activity to influence the outcome of an election	77
for any of the purposes described in division (C)(1)(e) of this	78
section. Division (C)(2) of this section does not prohibit the use	79
of public funds to compensate an employee of a political	80
subdivision for attending a public meeting to present information	81
about the political subdivision's finances, activities, and	82
governmental actions in a manner that is not designed to influence	83
the outcome of an election or the passage of a levy or bond issue,	84
even though the election, levy, or bond issue is discussed or	85
debated at the meeting.	86

(D) Except as otherwise provided in division (A)(7) of	87
section 340.03 or division (A)(12) of section 340.033 of the	88
Revised Code or in division (E) of this section, no person shall	89
knowingly conduct a direct or indirect transaction of public funds	90
to the benefit of any of the following:	91

(1) A campaign committee;

92

(2) A political action committee;

93

(3) A legislative campaign fund;

94

(4) A political party;

95

(5) A campaign fund;

96

(6) A political committee;

97

(7) A separate segregated fund;

98

(8) A candidate.

99

(E) Division (D) of this section does not prohibit the	100
utilization of any person's own time to speak in support of or in	101
opposition to any candidate, recall, referendum, levy, or bond	102
issue unless prohibited by any other section of the Revised Code.	103

(F) Nothing in this section prohibits or restricts any	104
political subdivision from sponsoring, participating in, or doing	105
any of the following:	106

(1) Charitable or public service advertising that is not	107
commercial in nature;	108

(2) Advertising of exhibitions, performances, programs,	109
products, or services that are provided by employees of a	110
political subdivision or are provided at or through premises owned	111
or operated by a political subdivision;	112

(3) Licensing an interest in a name or mark that is owned or	113
controlled by the political subdivision.	114

(G) Whoever violates division (D) of this section shall be	115
punished as provided in section 3599.40 of the Revised Code.	116

Sec. 124.93.  (A) As used in this section, "physician" means	117
any person who holds a valid certificate to practice medicine and	118
surgery or osteopathic medicine and surgery issued under Chapter	119
4731. of the Revised Code.	120

(B) No health insuring corporation that, on or after July 1,	121
1993, enters into or renews a contract with the department of	122
administrative services under section 124.82 of the Revised Code,	123
because of a physician's race, color, religion, sexgender, age,	124
ancestry, or national origin,; or disability, sexual orientation,	125
gender identity, or military status, as those terms are defined	126
in section 4112.01 of the Revised Code, age, or ancestry, shall	127
refuse to contract with that physician for the provision of health	128
care services under section 124.82 of the Revised Code.	129

Any health insuring corporation that violates this division	130
is deemed to have engaged in an unlawful discriminatory practice	131
as defined in section 4112.02 of the Revised Code and is subject	132
to Chapter 4112. of the Revised Code.	133

(C) Each health insuring corporation that, on or after July	134
1, 1993, enters into or renews a contract with the department of	135
administrative services under section 124.82 of the Revised Code	136
and that refuses to contract with a physician for the provision of	137
health care services under that section shall provide that	138
physician with a written notice that clearly explains the reason	139
or reasons for the refusal. The notice shall be sent to the	140
physician by regular mail within thirty days after the refusal.	141

Any health insuring corporation that fails to provide notice	142
in compliance with this division is deemed to have engaged in an	143
unfair and deceptive act or practice in the business of insurance	144
as defined in section 3901.21 of the Revised Code and is subject	145
to sections 3901.19 to 3901.26 of the Revised Code.	146

Sec. 125.111.  (A) Every contract for or on behalf of the	147
state or any of its political subdivisions for any purchase shall	148
contain provisions similar to those required by section 153.59 of	149
the Revised Code in the case of construction contracts by which	150
the contractor agrees to both of the following:	151

(1) That, in the hiring of employees for the performance of	152
work under the contract or any subcontract, no contractor or	153
subcontractor, by reason of race, color, religion, sexgender,	154
age, ancestry, or national origin; or disability, sexual	155
orientation, gender identity, or military status, as those terms	156
are defined in section 4112.01 of the Revised Code, national	157
origin, or ancestry, shall discriminate against any citizen of	158
this state in the employment of a person qualified and available	159
to perform the work to which the contract relates;	160

(2) That no contractor, subcontractor, or person acting on	161
behalf of any contractor or subcontractor, in any manner, shall	162
discriminate against, intimidate, or retaliate against any	163
employee hired for the performance of work under the contract on	164
account of race, color, religion, sexgender, age, ancestry, or	165
national origin; or disability, sexual orientation, gender	166
identity, or military status, as those terms are defined in	167
section 4112.01 of the Revised Code,national origin, or ancestry.	168

(B) All contractors from whom the state or any of its	169
political subdivisions make purchases shall have a written	170
affirmative action program for the employment and effective	171
utilization of economically disadvantaged persons, as referred to	172
in division (E)(1) of section 122.71 of the Revised Code.	173
Annually, each such contractor shall file a description of the	174
affirmative action program and a progress report on its	175
implementation with the equal employment opportunity office of the	176
department of administrative services.	177

Sec. 153.59.  Every contract for or on behalf of the state,	178
or any township, county, or municipal corporation of the state,	179
for the construction, alteration, or repair of any public building	180
or public work in the state shall contain provisions by which the	181
contractor agrees to both of the following:	182

(A) That, in the hiring of employees for the performance of	183
work under the contract or any subcontract, no contractor,	184
subcontractor, or any person acting on a contractor's or	185
subcontractor's behalf, by reason of race, color, creed, sex,or	186
gender; or disability, sexual orientation, gender identity, or	187
military status as those terms are defined in section 4112.01 of	188
the Revised Code, or color, shall discriminate against any citizen	189
of the state in the employment of labor or workers who is	190
qualified and available to perform the work to which the	191
employment relates;	192

(B) That no contractor, subcontractor, or any person on a	193
contractor's or subcontractor's behalf, in any manner, shall	194
discriminate against or intimidate any employee hired for the	195
performance of work under the contract on account of race, color,	196
creed, sex,or gender; or disability, sexual orientation, gender	197
identity, or military status as those terms are defined in section	198
4112.01 of the Revised Code, or color.	199

The department of administrative services shall ensure that	200
no capital moneys appropriated by the general assembly for any	201
purpose shall be expended unless the project for which those	202
moneys are appropriated provides for an affirmative action program	203
for the employment and effective utilization of disadvantaged	204
persons whose disadvantage may arise from cultural, racial, or	205
ethnic background, or other similar cause, including, but not	206
limited to, race, religion, sexgender, ancestry, or national	207
origin; or disability or military status as those terms are	208
defined in section 4112.01 of the Revised Code, national origin,	209
or ancestry.	210

In awarding contracts for capital improvement projects, the	211
department shall ensure that equal consideration be given to	212
contractors, subcontractors, or joint venturers who qualify as a	213
minority business enterprise. As used in this section, "minority	214
business enterprise" means a business enterprise that is owned or	215
controlled by one or more socially or economically disadvantaged	216
persons who are residents of this state. "Socially or economically	217
disadvantaged persons" means persons, regardless of marital	218
status, who are members of groups whose disadvantage may arise	219
from discrimination on the basis of race, religion, sexgender,	220
ancestry, or national origin; or disability or military status as	221
those terms are defined in section 4112.01 of the Revised Code,	222
national origin, ancestry,; or other similar cause.	223

Sec. 153.591.  Any provision of a hiring hall contract or	224
agreement which obligates a contractor to hire, if available, only	225
employees referred to the contractor by a labor organization shall	226
be void as against public policy and unenforceable with respect to	227
employment under any public works contract unless at the date of	228
execution of the hiring hall contract or agreement, or within	229
thirty days thereafter, the labor organization has in effect	230
procedures for referring qualified employees for hire without	231
regard to race, color, religion, gender, ancestry, or national	232
origin; or sexual orientation, gender identity, or military status	233
as defined in section 4112.01 of the Revised Code, or ancestry and	234
unless the labor organization includes in its apprentice and	235
journeyperson's membership, or otherwise has available for job	236
referral without discrimination, qualified employees, both whites	237
and non-whites (including African-AmericansAfrican Americans).	238

Sec. 340.12.  No board of alcohol, drug addiction, and mental	239
health services or any agency, corporation, or association under	240
contract with such a board shall discriminate in the provision of	241
services under its authority, in employment, or contract on the	242
basis of race, color, sex, creed, disabilitygender, or national	243
origin, or disability; or sexual orientation or gender identity as	244
those terms are defined in section 4112.01 of the Revised Code.	245

Each board, each community mental health agency, and each	246
alcohol and drug addiction program shall have a written	247
affirmative action program. The affirmative action program shall	248
include goals for the employment and effective utilization of,	249
including contracts with, members of economically disadvantaged	250
groups as defined in division (E)(1) of section 122.71 of the	251
Revised Code in percentages reflecting as nearly as possible the	252
composition of the alcohol, drug addiction, and mental health	253
service district served by the board. Each board, agency, and	254
program shall file a description of the affirmative action program	255
and a progress report on its implementation with the department of	256
mental health or the department of alcohol and drug addiction	257
services.	258

Sec. 511.03.  After an affirmative vote in an election held	259
under sections 511.01 and 511.02 of the Revised Code, the board of	260
township trustees may make all contracts necessary for the	261
purchase of a site, and the erection, improvement, or enlargement	262
of such building. The board shall have control of any town hall	263
belonging to the township, and it may rent or lease all or part of	264
any hall, lodge, or recreational facility belonging to the	265
township, to any person or organization under terms the board	266
considers proper, for which all rent shall be paid in advance or	267
fully secured. In establishing the terms of any rental agreement	268
or lease pursuant to this section, the board of township trustees	269
may give preference to persons who are residents of or	270
organizations that are headquartered in the township or that are	271
charitable or fraternal in nature. All persons or organizations	272
shall be treated on a like or similar basis, and no	273
differentiation shall be made on the basis of race, color,	274
religion, national origin, sexgender, national origin, or	275
political affiliation; or sexual orientation or gender identity as	276
those terms are defined in section 4112.01 of the Revised Code.	277
The rents received for such facilities may be used for their	278
repair or improvement, and any balance shall be used for general	279
township purposes.	280

Sec. 717.01.  Each municipal corporation may do any of the	281
following:	282

(A) Acquire by purchase or condemnation real estate with or	283
without buildings on it, and easements or interests in real	284
estate;	285

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	286
improve a building or improvement that it is authorized to acquire	287
or construct;	288

(C) Erect a crematory or provide other means for disposing of	289
garbage or refuse, and erect public comfort stations;	290

(D) Purchase turnpike roads and make them free;

291

(E) Construct wharves and landings on navigable waters;

292

(F) Construct infirmaries, workhouses, prisons, police	293
stations, houses of refuge and correction, market houses, public	294
halls, public offices, municipal garages, repair shops, storage	295
houses, and warehouses;	296

(G) Construct or acquire waterworks for supplying water to	297
the municipal corporation and its inhabitants and extend the	298
waterworks system outside of the municipal corporation limits;	299

(H) Construct or purchase gas works or works for the	300
generation and transmission of electricity, for the supplying of	301
gas or electricity to the municipal corporation and its	302
inhabitants;	303

(I) Provide grounds for cemeteries or crematories, enclose	304
and embellish them, and construct vaults or crematories;	305

(J) Construct sewers, sewage disposal works, flushing	306
tunnels, drains, and ditches;	307

(K) Construct free public libraries and reading rooms, and	308
free recreation centers;	309

(L) Establish free public baths and municipal lodging houses;

310

(M) Construct monuments or memorial buildings to commemorate	311
the services of soldiers, sailors, and marines of the state and	312
nation;	313

(N) Provide land for and improve parks, boulevards, and	314
public playgrounds;	315

(O) Construct hospitals and pesthouses;

316

(P) Open, construct, widen, extend, improve, resurface, or	317
change the line of any street or public highway;	318

(Q) Construct and improve levees, dams, waterways,	319
waterfronts, and embankments and improve any watercourse passing	320
through the municipal corporation;	321

(R) Construct or improve viaducts, bridges, and culverts;

322

(S)(1) Construct any building necessary for the police or	323
fire department;	324

(2) Purchase fire engines or fire boats;

325

(3) Construct water towers or fire cisterns;

326

(4) Place underground the wires or signal apparatus of any	327
police or fire department.	328

(T) Construct any municipal ice plant for the purpose of	329
manufacturing ice for the citizens of a municipal corporation;	330

(U) Construct subways under any street or boulevard or	331
elsewhere;	332

(V) Acquire by purchase, gift, devise, bequest, lease,	333
condemnation proceedings, or otherwise, real or personal property,	334
and thereon and thereof to establish, construct, enlarge, improve,	335
equip, maintain, and operate airports, landing fields, or other	336
air navigation facilities, either within or outside the limits of	337
a municipal corporation, and acquire by purchase, gift, devise,	338
lease, or condemnation proceedings rights-of-way for connections	339
with highways, waterways, and electric, steam, and interurban	340
railroads, and improve and equip such facilities with structures	341
necessary or appropriate for such purposes. No municipal	342
corporation may take or disturb property or facilities belonging	343
to any public utility or to a common carrier engaged in interstate	344
commerce, which property or facilities are required for the proper	345
and convenient operation of the utility or carrier, unless	346
provision is made for the restoration, relocation, or duplication	347
of the property or facilities elsewhere at the sole cost of the	348
municipal corporation.	349

(W) Provide by agreement with any regional airport authority,	350
created under section 308.03 of the Revised Code, for the making	351
of necessary surveys, appraisals, and examinations preliminary to	352
the acquisition or construction of any airport or airport facility	353
and pay the portion of the expense of the surveys, appraisals, and	354
examinations as set forth in the agreement;	355

(X) Provide by agreement with any regional airport authority,	356
created under section 308.03 of the Revised Code, for the	357
acquisition, construction, maintenance, or operation of any	358
airport or airport facility owned or to be owned and operated by	359
the regional airport authority or owned or to be owned and	360
operated by the municipal corporation and pay the portion of the	361
expense of it as set forth in the agreement;	362

(Y) Acquire by gift, purchase, lease, or condemnation, land,	363
forest, and water rights necessary for conservation of forest	364
reserves, water parks, or reservoirs, either within or without the	365
limits of the municipal corporation, and improve and equip the	366
forest and water parks with structures, equipment, and	367
reforestation necessary or appropriate for any purpose for the	368
utilization of any of the forest and water benefits that may	369
properly accrue therefrom to the municipal corporation;	370

(Z) Acquire real property by purchase, gift, or devise and	371
construct and maintain on it public swimming pools, either within	372
or outside the limits of the municipal corporation;	373

(AA) Construct or rehabilitate, equip, maintain, operate, and	374
lease facilities for housing of elderly persons and for persons of	375
low and moderate income, and appurtenant facilities. No municipal	376
corporation shall deny housing accommodations to or withhold	377
housing accommodations from elderly persons or persons of low and	378
moderate income because of race, color, religion, sexgender,	379
ancestry, or national origin; or familial status as defined in	380
section 4112.01 of the Revised Code, military status as defined in	381
that section, disability as defined in that section, ancestry,	382
or national originsexual orientation, gender identity, or	383
military status, as those terms are defined in section 4112.01 of	384
the Revised Code. Any elderly person or person of low or moderate	385
income who is denied housing accommodations or has them withheld	386
by a municipal corporation because of race, color, religion, sex	387
gender, ancestry, or national origin; or familial status as	388
defined in section 4112.01 of the Revised Code, military status as	389
defined in that section, disability as defined in that section,	390
ancestry, or national originsexual orientation, gender identity,	391
or military status as those terms are defined in section 4112.01	392
of the Revised Code may file a charge with the Ohio civil rights	393
commission as provided in Chapter 4112. of the Revised Code.	394

(BB) Acquire, rehabilitate, and develop rail property or rail	395
service, and enter into agreements with the Ohio rail development	396
commission, boards of county commissioners, boards of township	397
trustees, legislative authorities of other municipal corporations,	398
with other governmental agencies or organizations, and with	399
private agencies or organizations in order to achieve those	400
purposes;	401

(CC) Appropriate and contribute money to a soil and water	402
conservation district for use under Chapter 1515. of the Revised	403
Code;	404

(DD) Authorize the board of county commissioners, pursuant to	405
a contract authorizing the action, to contract on the municipal	406
corporation's behalf for the administration and enforcement within	407
its jurisdiction of the state building code by another county or	408
another municipal corporation located within or outside the	409
county. The contract for administration and enforcement shall	410
provide for obtaining certification pursuant to division (E) of	411
section 3781.10 of the Revised Code for the exercise of	412
administration and enforcement authority within the municipal	413
corporation seeking those services and shall specify which	414
political subdivision is responsible for securing that	415
certification.	416

(EE) Expend money for providing and maintaining services and	417
facilities for senior citizens.	418

"Airport," "landing field," and "air navigation facility," as	419
defined in section 4561.01 of the Revised Code, apply to division	420
(V) of this section.	421

As used in divisions (W) and (X) of this section, "airport"	422
and "airport facility" have the same meanings as in section 308.01	423
of the Revised Code.	424

As used in division (BB) of this section, "rail property" and	425
"rail service" have the same meanings as in section 4981.01 of the	426
Revised Code.	427

Sec. 1501.012.  (A) The director of natural resources may	428
lease lands in state parks, as defined in section 1501.07 of the	429
Revised Code, and contract for the construction and operation of	430
public service facilities, as mentioned in that section, and for	431
major renovation or remodeling of existing public service	432
facilities by the lessees on those lands. If the director	433
determines that doing so would be consistent with long-range	434
planning of the department of natural resources and in the best	435
interests of the department and the division of parks and	436
recreation in the department, the director shall negotiate and	437
execute a lease and contract for those purposes in accordance with	438
this chapter except as otherwise provided in this section.	439

(B) With the approval of the recreation and resources council	440
created under section 1501.04 of the Revised Code, the director	441
shall draft a statement of intent describing any public service	442
facility that the department wishes to have constructed in	443
accordance with this section and establishing a procedure for the	444
submission of proposals for providing the facility, including, but	445
not limited to, a requirement that each prospective bidder or	446
lessee of land shall submit with the proposal a completed	447
questionnaire and financial statement, on forms prescribed and	448
furnished by the department, to enable the department to ascertain	449
the person's financial worth and experience in maintaining and	450
operating facilities similar or related to the public service	451
facility in question. The completed questionnaire and financial	452
statement shall be verified under oath by the prospective bidder	453
or lessee. Questionnaires and financial statements submitted under	454
this division are confidential and are not open to public	455
inspection. Nothing in this division shall be construed to prevent	456
use of or reference to questionnaires and financial statements in	457
a civil action or criminal prosecution commenced by the state.	458

The director shall publish the statement of intent in at	459
least three daily newspapers of general circulation in the state	460
at least once each week for four consecutive weeks. The director	461
then shall accept proposals in response to the statement of intent	462
for at least thirty days following the final publication of the	463
statement. At the end of the period during which proposals may be	464
submitted under this division, the director shall select the	465
proposal that the director determines best complies with the	466
statement of intent and may negotiate a lease and contract with	467
the person that submitted that proposal.	468

(C) Any lease and contract negotiated under this section	469
shall include in its terms and conditions all of the following:	470

(1) The legal description of the leasehold;

471

(2) The duration of the lease and contract, which shall not	472
exceed forty years, and a requirement that the lease and contract	473
be nonrenewable;	474

(3) A requirement that the lessee maintain in full force and	475
effect during the term of the lease and contract comprehensive	476
liability insurance for injury, death, or loss to persons or	477
property and fire casualty insurance for the public service	478
facility and all its structures in an amount established by the	479
director and naming the department as an additional insured;	480

(4) A requirement that the lessee maintain in full force and	481
effect suitable performance bonds or other adequate security	482
pertaining to the construction and operation of the public service	483
facility;	484

(5) Detailed plans and specifications controlling the	485
construction of the public service facility that shall include all	486
of the following:	487

(a) The size and capacity of the facility;

488

(b) The type and quality of construction;

489

(c) Other criteria that the department considers necessary	490
and advisable.	491

(6) The manner of rental payment;

492

(7) A stipulation that the director shall have control and	493
supervision over all of the following:	494

(a) The operating season of the public service facility;

495

(b) The facility's hours of operation;

496

(c) The maximum rates to be charged guests using the	497
facility;	498

(d) The facility's sanitary conditions;

499

(e) The quality of food and service furnished the guests of	500
the facility;	501

(f) The lessee's general and structural maintenance	502
responsibilities at the facility.	503

(8) The disposition of the leasehold and improvements at the	504
expiration of the lease and contract;	505

(9) A requirement that the public service facility be	506
available to all members of the public without regard to sex,	507
race, color, creed, gender, ancestry, or national origin,; or	508
disability, sexual orientation, or gender identity, as those terms	509
are defined in section 4112.01 of the Revised Code;	510

(10) Other terms and conditions that the director considers	511
necessary and advisable to carry out the purposes of this section.	512

(D) The attorney general shall approve the form of the lease	513
and contract prior to its execution by the director.	514

(E) The authority granted in this section to the director is	515
in addition and supplemental to any other authority granted the	516
director under state law.	517

Sec. 1751.18.  (A)(1) No health insuring corporation shall	518
cancel or fail to renew the coverage of a subscriber or enrollee	519
because of any health status-related factor in relation to the	520
subscriber or enrollee, the subscriber's or enrollee's	521
requirements for health care services, or for any other reason	522
designated under rules adopted by the superintendent of insurance.	523

(2) Unless otherwise required by state or federal law, no	524
health insuring corporation, or health care facility or provider	525
through which the health insuring corporation has made	526
arrangements to provide health care services, shall discriminate	527
against any individual with regard to enrollment, disenrollment,	528
or the quality of health care services rendered, on the basis of	529
the individual's race, color, sexreligion, gender, or age,	530
religion, military status; or sexual orientation, gender identity,	531
or military status, as those terms are defined in section 4112.01	532
of the Revised Code,; or status as a recipient of medicare or	533
medicaid, or any health status-related factor in relation to the	534
individual. However, a health insuring corporation shall not be	535
required to accept a recipient of medicare or medical assistance,	536
if an agreement has not been reached on appropriate payment	537
mechanisms between the health insuring corporation and the	538
governmental agency administering these programs. Further, except	539
for open enrollment coverage under sections 3923.58 and 3923.581	540
of the Revised Code, a health insuring corporation may reject an	541
applicant for nongroup enrollment on the basis of any health	542
status-related factor in relation to the applicant.	543

(B) A health insuring corporation may cancel or decide not to	544
renew the coverage of an enrollee if the enrollee has performed an	545
act or practice that constitutes fraud or intentional	546
misrepresentation of material fact under the terms of the coverage	547
and if the cancellation or nonrenewal is not based, either	548
directly or indirectly, on any health status-related factor in	549
relation to the enrollee.	550

(C) An enrollee may appeal any action or decision of a health	551
insuring corporation taken pursuant to section 2742(b) to (e) of	552
the "Health Insurance Portability and Accountability Act of 1996,"	553
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	554
amended. To appeal, the enrollee may submit a written complaint to	555
the health insuring corporation pursuant to section 1751.19 of the	556
Revised Code. The enrollee may, within thirty days after receiving	557
a written response from the health insuring corporation, appeal	558
the health insuring corporation's action or decision to the	559
superintendent.	560

(D) As used in this section, "health status-related factor"	561
means any of the following:	562

(1) Health status;

563

(2) Medical condition, including both physical and mental	564
illnesses;	565

(3) Claims experience;

566

(4) Receipt of health care;

567

(5) Medical history;

568

(6) Genetic information;

569

(7) Evidence of insurability, including conditions arising	570
out of acts of domestic violence;	571

(8) Disability.

572

Sec. 2927.03.  (A) No person, whether or not acting under	573
color of law, shall by force or threat of force willfully injure,	574
intimidate, or interfere with, or attempt to injure, intimidate,	575
or interfere with, any of the following:	576

(1) Any person because of race, color, religion, sexgender,	577
ancestry, or national origin; or familial status as defined in	578
section 4112.01 of the Revised Code, national origin, military	579
status as defined in that section, disability as defined in that	580
section, sexual orientation, gender identity, or ancestrymilitary	581
status, as those terms are defined in section 4112.01 of the	582
Revised Code, and because that person is or has been selling,	583
purchasing, renting, financing, occupying, contracting, or	584
negotiating for the sale, purchase, rental, financing, or	585
occupation of any housing accommodations, or applying for or	586
participating in any service, organization, or facility relating	587
to the business of selling or renting housing accommodations;	588

(2) Any person because that person is or has been doing, or	589
in order to intimidate that person or any other person or any	590
class of persons from doing, either of the following:	591

(a) Participating, without discrimination on account of race,	592
color, religion, sexgender, ancestry, or national origin; or	593
familial status as defined in section 4112.01 of the Revised Code,	594
national origin, military status as defined in that section,	595
disability as defined in that section, sexual orientation, gender	596
identity, or ancestrymilitary status, as those terms are defined	597
in section 4112.01 of the Revised Code, in any of the activities,	598
services, organizations, or facilities described in division	599
(A)(1) of this section;	600

(b) Affording another person or class of persons opportunity	601
or protection so to participate.	602

(3) Any person because that person is or has been, or in	603
order to discourage that person or any other person from, lawfully	604
aiding or encouraging other persons to participate, without	605
discrimination on account of race, color, religion, sexgender,	606
ancestry, or national origin; or familial status as defined in	607
section 4112.01 of the Revised Code, national origin, military	608
status as defined in that section, disability as defined in that	609
section, sexual orientation, gender identity, or ancestry,	610
military status, as those terms are defined in section 4112.01 of	611
the Revised Code, in any of the activities, services,	612
organizations, or facilities described in division (A)(1) of this	613
section, or participating lawfully in speech or peaceful assembly	614
opposing any denial of the opportunity to so participate.	615

(B) Whoever violates division (A) of this section is guilty	616
of a misdemeanor of the first degree.	617

Sec. 3113.36.  (A) To qualify for funds under section 3113.35	618
of the Revised Code, a shelter for victims of domestic violence	619
shall meet all of the following requirements:	620

(1) Be incorporated in this state as a nonprofit corporation;

621

(2) Have trustees who represent the racial, ethnic, and	622
socioeconomic diversity of the community to be served, including	623
at least one person who is or has been a victim of domestic	624
violence;	625

(3) Receive at least twenty-five per cent of its funds from	626
sources other than funds distributed pursuant to section 3113.35	627
of the Revised Code. These other sources may be public or private,	628
and may include funds distributed pursuant to section 3113.37 of	629
the Revised Code, and contributions of goods or services,	630
including materials, commodities, transportation, office space, or	631
other types of facilities or personal services.	632

(4) Provide residential service or facilities for children	633
when accompanied by a parent, guardian, or custodian who is a	634
victim of domestic violence and who is receiving temporary	635
residential service at the shelter;	636

(5) Require persons employed by or volunteering services to	637
the shelter to maintain the confidentiality of any information	638
that would identify individuals served by the shelter.	639

(B) A shelter for victims of domestic violence does not	640
qualify for funds if it discriminates in its admissions or	641
provision of services on the basis of race, religion, color,	642
religion, age, ancestry, national origin, or marital status,	643
national origin, or ancestry; or sexual orientation or gender	644
identity as those terms are defined in section 4112.01 of the	645
Revised Code. A shelter does not qualify for funds in the second	646
half of any year if its application projects the provision of	647
residential service and such service has not been provided in the	648
first half of that year; such a shelter does not qualify for funds	649
in the following year.	650

Sec. 3301.53.  (A) The state board of education, in	651
consultation with the director of job and family services, shall	652
formulate and prescribe by rule adopted under Chapter 119. of the	653
Revised Code minimum standards to be applied to preschool programs	654
operated by school district boards of education, county DD boards,	655
or eligible nonpublic schools. The rules shall include the	656
following:	657

(1) Standards ensuring that the preschool program is located	658
in a safe and convenient facility that accommodates the enrollment	659
of the program, is of the quality to support the growth and	660
development of the children according to the program objectives,	661
and meets the requirements of section 3301.55 of the Revised Code;	662

(2) Standards ensuring that supervision, discipline, and	663
programs will be administered according to established objectives	664
and procedures;	665

(3) Standards ensuring that preschool staff members and	666
nonteaching employees are recruited, employed, assigned,	667
evaluated, and provided inservice education without discrimination	668
on the basis of race, color, gender, age, color,or national	669
origin, race, or sex; or sexual orientation or gender identity, as	670
those terms are defined in section 4112.01 of the Revised Code;	671
and that preschool staff members and nonteaching employees are	672
assigned responsibilities in accordance with written position	673
descriptions commensurate with their training and experience;	674

(4) A requirement that boards of education intending to	675
establish a preschool program demonstrate a need for a preschool	676
program prior to establishing the program;	677

(5) Requirements that children participating in preschool	678
programs have been immunized to the extent considered appropriate	679
by the state board to prevent the spread of communicable disease;	680

(6) Requirements that the parents of preschool children	681
complete the emergency medical authorization form specified in	682
section 3313.712 of the Revised Code.	683

(B) The state board of education in consultation with the	684
director of job and family services shall ensure that the rules	685
adopted by the state board under sections 3301.52 to 3301.58 of	686
the Revised Code are consistent with and meet or exceed the	687
requirements of Chapter 5104. of the Revised Code with regard to	688
child day-care centers. The state board and the director of job	689
and family services shall review all such rules at least once	690
every five years.	691

(C) The state board of education, in consultation with the	692
director of job and family services, shall adopt rules for school	693
child programs that are consistent with and meet or exceed the	694
requirements of the rules adopted for school-age child care	695
centers under Chapter 5104. of the Revised Code.	696

Sec. 3304.14. (A) The governor shall appoint an administrator	697
of the rehabilitation services commission to serve at the pleasure	698
of the governor and shall fix the administrator's compensation.	699
The administrator shall devote the administrator's entire time to	700
the duties of the administrator's office, shall hold no other	701
office or position of trust and profit, and shall engage in no	702
other business during the administrator's term of office. The	703
governor may grant the administrator the authority to appoint,	704
remove, and discipline without regard to sex, race, creed, color,	705
creed, gender, age, or national origin; or sexual orientation or	706
gender identity as those terms are defined in section 4112.01 of	707
the Revised Code, such other professional, administrative, and	708
clerical staff members as are necessary to carry out the functions	709
and duties of the commission.	710

(B)(1) The administrator shall have exclusive authority to	711
administer the daily operation and provision of vocational	712
rehabilitation services under this chapter.	713

(2) The administrator shall establish a fee schedule for	714
vocational rehabilitation services in accordance with 34 C.F.R.	715
361.50.	716

Sec. 3304.50.  The Ohio independent living council	717
established and appointed by the governor under the authority of	718
section 107.18 of the Revised Code and pursuant to the	719
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29	720
U.S.C.A. 796d, shall appoint an executive director to serve at the	721
pleasure of the council and shall fix histhe executive director's	722
compensation. The executive director shall not be considered a	723
public employee for purposes of Chapter 4117. of the Revised Code.	724
The council may delegate to the executive director the authority	725
to appoint, remove, and discipline, without regard to sex, race,	726
creed, color, creed, gender, age, or national origin; or sexual	727
orientation or gender identity as those terms are defined in	728
section 4112.01 of the Revised Code, such other professional,	729
administrative, and clerical staff members as are necessary to	730
carry out the functions and duties of the council.	731

Sec. 3313.481.  (A) With the approval of the department of	732
education, a board of education of a city, exempted village,	733
local, or joint vocational school district may operate any of its	734
schools on a schedule other than that required by section 3313.48	735
of the Revised Code in order to do any of the following:	736

(1) To provide a flexible school day during which may be held	737
parent-teacher conferences and reporting periods involving time in	738
excess of that permitted to be credited toward fulfillment of the	739
minimum school year under section 3313.48 of the Revised Code;	740

(2) To establish and maintain a calendar of quarters,	741
trimesters, or pentamesters;	742

(3) To provide staggered attendance schedules if it receives	743
approval to do so from the department of education.	744

(B) A school district operating a school under this section	745
shall have such school open for instruction for each pupil	746
enrolled in that school for at least nine hundred ten hours during	747
the school year. For purposes of determining whether a school that	748
is on a staggered attendance schedule is in compliance with this	749
section in any school year, the department of education may	750
include days the school was open for instruction with pupils in	751
attendance for not more than the first seventy days of the ensuing	752
school year provided such days are not considered as days the	753
school was open for instruction during such ensuing school year.	754
The following shall be considered as time during which the schools	755
are open for instruction for a pupil enrolled in such a school, or	756
for a pupil enrolled in a school that is not on a staggered	757
attendance schedule but that operates under this section:	758

(1) Morning and afternoon recess periods of not more than	759
fifteen minutes duration per period for a pupil in grades one	760
through six;	761

(2) Ten hours during which the pupil would otherwise be in	762
attendance but when he is not required to attend school in order	763
to provide time for individualized parent-teacher conferences and	764
reporting periods;	765

(3) Ten hours during which the pupil would otherwise be in	766
attendance but is not required to attend school in order to	767
provide time for teachers to attend professional meetings;	768

(4) The number of hours pupils would otherwise be in	769
attendance but are not required to attend because school is closed	770
as a result of a public calamity as provided in section 3317.01 of	771
the Revised Code.	772

(C) No board of education shall discriminate on the basis of	773
sex, race, religion, gender, or national origin; or sexual	774
orientation or gender identity as those terms are defined in	775
section 4112.01 of the Revised Code, when assigning pupils to	776
attendance schedules pursuant to this section.	777

Sec. 3314.06.  The governing authority of each community	778
school established under this chapter shall adopt admission	779
procedures that specify the following:	780

(A) That, except as otherwise provided in this section,	781
admission to the school shall be open to any individual age five	782
to twenty-two entitled to attend school pursuant to section	783
3313.64 or 3313.65 of the Revised Code in a school district in the	784
state.	785

An individual younger than five years of age may be admitted	786
to the school in accordance with division (A)(2) of section	787
3321.01 of the Revised Code.	788

(B)(1) That admission to the school may be limited to	789
students who have attained a specific grade level or are within a	790
specific age group; to students that meet a definition of	791
"at-risk," as defined in the contract; to residents of a specific	792
geographic area within the district, as defined in the contract;	793
or to separate groups of autistic students and nondisabled	794
students, as authorized in section 3314.061 of the Revised Code	795
and as defined in the contract.	796

(2) For purposes of division (B)(1) of this section,	797
"at-risk" students may include those students identified as gifted	798
students under section 3324.03 of the Revised Code.	799

(C) Whether enrollment is limited to students who reside in	800
the district in which the school is located or is open to	801
residents of other districts, as provided in the policy adopted	802
pursuant to the contract.	803

(D)(1) That there will be no discrimination in the admission	804
of students to the school on the basis of race, creed, color,	805
creed, gender, or disability, or sex; or sexual orientation or	806
gender identity as those terms are defined in section 4112.01 of	807
the Revised Code, except that:	808

(a) The governing authority may do either of the following	809
for the purpose described in division (G) of this section:	810

(i) Establish a single-gender school for either sexgender;

811

(ii) Establish single-gender schools for each sexgender	812
under the same contract, provided substantially equal facilities	813
and learning opportunities are offered for both boys and girls.	814
Such facilities and opportunities may be offered for each sex	815
gender at separate locations.	816

(b) The governing authority may establish a school that	817
simultaneously serves a group of students identified as autistic	818
and a group of students who are not disabled, as authorized in	819
section 3314.061 of the Revised Code. However, unless the total	820
capacity established for the school has been filled, no student	821
with any disability shall be denied admission on the basis of that	822
disability.	823

(2) That upon admission of any student with a disability, the	824
community school will comply with all federal and state laws	825
regarding the education of students with disabilities.	826

(E) That the school may not limit admission to students on	827
the basis of intellectual ability, measures of achievement or	828
aptitude, or athletic ability, except that a school may limit its	829
enrollment to students as described in division (B) of this	830
section.	831

(F) That the community school will admit the number of	832
students that does not exceed the capacity of the school's	833
programs, classes, grade levels, or facilities.	834

(G) That the purpose of single-gender schools that are	835
established shall be to take advantage of the academic benefits	836
some students realize from single-gender instruction and	837
facilities and to offer students and parents residing in the	838
district the option of a single-gender education.	839

(H) That, except as otherwise provided under division (B) of	840
this section or section 3314.061 of the Revised Code, if the	841
number of applicants exceeds the capacity restrictions of division	842
(F) of this section, students shall be admitted by lot from all	843
those submitting applications, except preference shall be given to	844
students attending the school the previous year and to students	845
who reside in the district in which the school is located.	846
Preference may be given to siblings of students attending the	847
school the previous year.	848

Notwithstanding divisions (A) to (H) of this section, in the	849
event the racial composition of the enrollment of the community	850
school is violative of a federal desegregation order, the	851
community school shall take any and all corrective measures to	852
comply with the desegregation order.	853

Sec. 3332.09.  The state board of career colleges and schools	854
may limit, suspend, revoke, or refuse to issue or renew a	855
certificate of registration or program authorization or may impose	856
a penalty pursuant to section 3332.091 of the Revised Code for any	857
one or combination of the following causes:	858

(A) Violation of any provision of sections 3332.01 to 3332.09	859
of the Revised Code, the board's minimum standards, or any rule	860
made by the board;	861

(B) Furnishing of false, misleading, deceptive, altered, or	862
incomplete information or documents to the board;	863

(C) The signing of an application or the holding of a	864
certificate of registration by a person who has pleaded guilty or	865
has been found guilty of a felony or has pleaded guilty or been	866
found guilty of a crime involving moral turpitude;	867

(D) The signing of an application or the holding of a	868
certificate of registration by a person who is addicted to the use	869
of any controlled substance, or who is found to be mentally	870
incompetent;	871

(E) Violation of any commitment made in an application for a	872
certificate of registration or program authorization;	873

(F) Presenting to prospective students, either at the time of	874
solicitation or enrollment, or through advertising, mail	875
circulars, or phone solicitation, misleading, deceptive, false, or	876
fraudulent information relating to any program, employment	877
opportunity, or opportunities for enrollment in accredited	878
institutions of higher education after entering or completing	879
programs offered by the holder of a certificate of registration;	880

(G) Failure to provide or maintain premises or equipment for	881
offering programs in a safe and sanitary condition;	882

(H) Refusal by an agent to display the agent's permit upon	883
demand of a prospective student or other interested person;	884

(I) Failure to maintain financial resources adequate for the	885
satisfactory conduct of programs as presented in the plan of	886
operation or to retain a sufficient number and qualified staff of	887
instruction, except that nothing in this chapter requires an	888
instructor to be licensed by the state board of education or to	889
hold any type of post-high school degree;	890

(J) Offering training or programs other than those presented	891
in the application, except that schools may offer special courses	892
adapted to the needs of individual students when the special	893
courses are in the subject field specified in the application;	894

(K) Discrimination in the acceptance of students upon the	895
basis of race, color, religion, sexgender, or national origin; or	896
sexual orientation or gender identity, as those terms are defined	897
in section 4112.01 of the Revised Code;	898

(L) Accepting the services of an agent not holding a valid	899
permit issued under section 3332.10 or 3332.11 of the Revised	900
Code;	901

(M) The use of monetary or other valuable consideration by	902
the school's agents or representatives to induce prospective	903
students to enroll in the school, or the practice of awarding	904
monetary or other valuable considerations without board approval	905
to students in exchange for procuring the enrollment of others;	906

(N) Failure to provide at the request of the board, any	907
information, records, or files pertaining to the operation of the	908
school or recruitment and enrollment of students.	909

If the board modifies or adopts additional minimum standards	910
or rules pursuant to section 3332.031 of the Revised Code, all	911
schools and agents shall have sixty days from the effective date	912
of the modifications or additional standards or rules to comply	913
with such modifications or additions.	914

Sec. 3721.13.  (A) The rights of residents of a home shall	915
include, but are not limited to, the following:	916

(1) The right to a safe and clean living environment pursuant	917
to the medicare and medicaid programs and applicable state laws	918
and rules adopted by the director of health;	919

(2) The right to be free from physical, verbal, mental, and	920
emotional abuse and to be treated at all times with courtesy,	921
respect, and full recognition of dignity and individuality;	922

(3) Upon admission and thereafter, the right to adequate and	923
appropriate medical treatment and nursing care and to other	924
ancillary services that comprise necessary and appropriate care	925
consistent with the program for which the resident contracted.	926
This care shall be provided without regard to considerations such	927
as race, color, religion, age, national origin, age,; sexual	928
orientation or gender identity as those terms are defined in	929
section 4112.01 of the Revised Code; or source of payment for	930
care.	931

(4) The right to have all reasonable requests and inquiries	932
responded to promptly;	933

(5) The right to have clothes and bed sheets changed as the	934
need arises, to ensure the resident's comfort or sanitation;	935

(6) The right to obtain from the home, upon request, the name	936
and any specialty of any physician or other person responsible for	937
the resident's care or for the coordination of care;	938

(7) The right, upon request, to be assigned, within the	939
capacity of the home to make the assignment, to the staff	940
physician of the resident's choice, and the right, in accordance	941
with the rules and written policies and procedures of the home, to	942
select as the attending physician a physician who is not on the	943
staff of the home. If the cost of a physician's services is to be	944
met under a federally supported program, the physician shall meet	945
the federal laws and regulations governing such services.	946

(8) The right to participate in decisions that affect the	947
resident's life, including the right to communicate with the	948
physician and employees of the home in planning the resident's	949
treatment or care and to obtain from the attending physician	950
complete and current information concerning medical condition,	951
prognosis, and treatment plan, in terms the resident can	952
reasonably be expected to understand; the right of access to all	953
information in the resident's medical record; and the right to	954
give or withhold informed consent for treatment after the	955
consequences of that choice have been carefully explained. When	956
the attending physician finds that it is not medically advisable	957
to give the information to the resident, the information shall be	958
made available to the resident's sponsor on the resident's behalf,	959
if the sponsor has a legal interest or is authorized by the	960
resident to receive the information. The home is not liable for a	961
violation of this division if the violation is found to be the	962
result of an act or omission on the part of a physician selected	963
by the resident who is not otherwise affiliated with the home.	964

(9) The right to withhold payment for physician visitation if	965
the physician did not visit the resident;	966

(10) The right to confidential treatment of personal and	967
medical records, and the right to approve or refuse the release of	968
these records to any individual outside the home, except in case	969
of transfer to another home, hospital, or health care system, as	970
required by law or rule, or as required by a third-party payment	971
contract;	972

(11) The right to privacy during medical examination or	973
treatment and in the care of personal or bodily needs;	974

(12) The right to refuse, without jeopardizing access to	975
appropriate medical care, to serve as a medical research subject;	976

(13) The right to be free from physical or chemical	977
restraints or prolonged isolation except to the minimum extent	978
necessary to protect the resident from injury to self, others, or	979
to property and except as authorized in writing by the attending	980
physician for a specified and limited period of time and	981
documented in the resident's medical record. Prior to authorizing	982
the use of a physical or chemical restraint on any resident, the	983
attending physician shall make a personal examination of the	984
resident and an individualized determination of the need to use	985
the restraint on that resident.	986

Physical or chemical restraints or isolation may be used in	987
an emergency situation without authorization of the attending	988
physician only to protect the resident from injury to self or	989
others. Use of the physical or chemical restraints or isolation	990
shall not be continued for more than twelve hours after the onset	991
of the emergency without personal examination and authorization by	992
the attending physician. The attending physician or a staff	993
physician may authorize continued use of physical or chemical	994
restraints for a period not to exceed thirty days, and at the end	995
of this period and any subsequent period may extend the	996
authorization for an additional period of not more than thirty	997
days. The use of physical or chemical restraints shall not be	998
continued without a personal examination of the resident and the	999
written authorization of the attending physician stating the	1000
reasons for continuing the restraint.	1001

If physical or chemical restraints are used under this	1002
division, the home shall ensure that the restrained resident	1003
receives a proper diet. In no event shall physical or chemical	1004
restraints or isolation be used for punishment, incentive, or	1005
convenience.	1006

(14) The right to the pharmacist of the resident's choice and	1007
the right to receive pharmaceutical supplies and services at	1008
reasonable prices not exceeding applicable and normally accepted	1009
prices for comparably packaged pharmaceutical supplies and	1010
services within the community;	1011

(15) The right to exercise all civil rights, unless the	1012
resident has been adjudicated incompetent pursuant to Chapter	1013
2111. of the Revised Code and has not been restored to legal	1014
capacity, as well as the right to the cooperation of the home's	1015
administrator in making arrangements for the exercise of the right	1016
to vote;	1017

(16) The right of access to opportunities that enable the	1018
resident, at the resident's own expense or at the expense of a	1019
third-party payer, to achieve the resident's fullest potential,	1020
including educational, vocational, social, recreational, and	1021
habilitation programs;	1022

(17) The right to consume a reasonable amount of alcoholic	1023
beverages at the resident's own expense, unless not medically	1024
advisable as documented in the resident's medical record by the	1025
attending physician or unless contradictory to written admission	1026
policies;	1027

(18) The right to use tobacco at the resident's own expense	1028
under the home's safety rules and under applicable laws and rules	1029
of the state, unless not medically advisable as documented in the	1030
resident's medical record by the attending physician or unless	1031
contradictory to written admission policies;	1032

(19) The right to retire and rise in accordance with the	1033
resident's reasonable requests, if the resident does not disturb	1034
others or the posted meal schedules and upon the home's request	1035
remains in a supervised area, unless not medically advisable as	1036
documented by the attending physician;	1037

(20) The right to observe religious obligations and	1038
participate in religious activities; the right to maintain	1039
individual and cultural identity; and the right to meet with and	1040
participate in activities of social and community groups at the	1041
resident's or the group's initiative;	1042

(21) The right upon reasonable request to private and	1043
unrestricted communications with the resident's family, social	1044
worker, and any other person, unless not medically advisable as	1045
documented in the resident's medical record by the attending	1046
physician, except that communications with public officials or	1047
with the resident's attorney or physician shall not be restricted.	1048
Private and unrestricted communications shall include, but are not	1049
limited to, the right to:	1050

(a) Receive, send, and mail sealed, unopened correspondence;

1051

(b) Reasonable access to a telephone for private	1052
communications;	1053

(c) Private visits at any reasonable hour.

1054

(22) The right to assured privacy for visits by the spouse,	1055
or if both are residents of the same home, the right to share a	1056
room within the capacity of the home, unless not medically	1057
advisable as documented in the resident's medical record by the	1058
attending physician;	1059

(23) The right upon reasonable request to have room doors	1060
closed and to have them not opened without knocking, except in the	1061
case of an emergency or unless not medically advisable as	1062
documented in the resident's medical record by the attending	1063
physician;	1064

(24) The right to retain and use personal clothing and a	1065
reasonable amount of possessions, in a reasonably secure manner,	1066
unless to do so would infringe on the rights of other residents or	1067
would not be medically advisable as documented in the resident's	1068
medical record by the attending physician;	1069

(25) The right to be fully informed, prior to or at the time	1070
of admission and during the resident's stay, in writing, of the	1071
basic rate charged by the home, of services available in the home,	1072
and of any additional charges related to such services, including	1073
charges for services not covered under the medicare or medicaid	1074
program. The basic rate shall not be changed unless thirty days'	1075
notice is given to the resident or, if the resident is unable to	1076
understand this information, to the resident's sponsor.	1077

(26) The right of the resident and person paying for the care	1078
to examine and receive a bill at least monthly for the resident's	1079
care from the home that itemizes charges not included in the basic	1080
rates;	1081

(27)(a) The right to be free from financial exploitation;

1082

(b) The right to manage the resident's own personal financial	1083
affairs, or, if the resident has delegated this responsibility in	1084
writing to the home, to receive upon written request at least a	1085
quarterly accounting statement of financial transactions made on	1086
the resident's behalf. The statement shall include:	1087

(i) A complete record of all funds, personal property, or	1088
possessions of a resident from any source whatsoever, that have	1089
been deposited for safekeeping with the home for use by the	1090
resident or the resident's sponsor;	1091

(ii) A listing of all deposits and withdrawals transacted,	1092
which shall be substantiated by receipts which shall be available	1093
for inspection and copying by the resident or sponsor.	1094

(28) The right of the resident to be allowed unrestricted	1095
access to the resident's property on deposit at reasonable hours,	1096
unless requests for access to property on deposit are so	1097
persistent, continuous, and unreasonable that they constitute a	1098
nuisance;	1099

(29) The right to receive reasonable notice before the	1100
resident's room or roommate is changed, including an explanation	1101
of the reason for either change.	1102

(30) The right not to be transferred or discharged from the	1103
home unless the transfer is necessary because of one of the	1104
following:	1105

(a) The welfare and needs of the resident cannot be met in	1106
the home.	1107

(b) The resident's health has improved sufficiently so that	1108
the resident no longer needs the services provided by the home.	1109

(c) The safety of individuals in the home is endangered.

1110

(d) The health of individuals in the home would otherwise be	1111
endangered.	1112

(e) The resident has failed, after reasonable and appropriate	1113
notice, to pay or to have the medicare or medicaid program pay on	1114
the resident's behalf, for the care provided by the home. A	1115
resident shall not be considered to have failed to have the	1116
resident's care paid for if the resident has applied for medicaid,	1117
unless both of the following are the case:	1118

(i) The resident's application, or a substantially similar	1119
previous application, has been denied by the county department of	1120
job and family services.	1121

(ii) If the resident appealed the denial pursuant to division	1122
(C) of section 5101.35 of the Revised Code, the director of job	1123
and family services has upheld the denial.	1124

(f) The home's license has been revoked, the home is being	1125
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	1126
or section 5155.31 of the Revised Code, or the home otherwise	1127
ceases to operate.	1128

(g) The resident is a recipient of medicaid, and the home's	1129
participation in the medicaid program is involuntarily terminated	1130
or denied.	1131

(h) The resident is a beneficiary under the medicare program,	1132
and the home's participation in the medicare program is	1133
involuntarily terminated or denied.	1134

(31) The right to voice grievances and recommend changes in	1135
policies and services to the home's staff, to employees of the	1136
department of health, or to other persons not associated with the	1137
operation of the home, of the resident's choice, free from	1138
restraint, interference, coercion, discrimination, or reprisal.	1139
This right includes access to a residents' rights advocate, and	1140
the right to be a member of, to be active in, and to associate	1141
with persons who are active in organizations of relatives and	1142
friends of nursing home residents and other organizations engaged	1143
in assisting residents.	1144

(32) The right to have any significant change in the	1145
resident's health status reported to the resident's sponsor. As	1146
soon as such a change is known to the home's staff, the home shall	1147
make a reasonable effort to notify the sponsor within twelve	1148
hours.	1149

(B) A sponsor may act on a resident's behalf to assure that	1150
the home does not deny the residents' rights under sections	1151
3721.10 to 3721.17 of the Revised Code.	1152

(C) Any attempted waiver of the rights listed in division (A)	1153
of this section is void.	1154

Sec. 3905.55.  (A) Except as provided in division (B) of this	1155
section, an agent may charge a consumer a fee if all of the	1156
following conditions are met:	1157

(1) The fee is disclosed to the consumer in a manner that	1158
separately identifies the fee and the premium.	1159

(2) The fee is not calculated as a percentage of the premium.

1160

(3) The fee is not refunded, forgiven, waived, offset, or	1161
reduced by any commission earned or received for any policy or	1162
coverage sold.	1163

(4) The amount of the fee, and the consumer's obligation to	1164
pay the fee, are not conditioned upon the occurrence of a future	1165
event or condition, such as the purchase, cancellation, lapse,	1166
declination, or nonrenewal of insurance.	1167

(5) The agent discloses to the consumer that the fee is being	1168
charged by the agent and not by the insurance company, that	1169
neither state law nor the insurance company requires the agent to	1170
charge the fee, and that the fee is not refundable.	1171

(6) The consumer consents to the fee.

1172

(7) The agent, in charging the fee, does not discriminate on	1173
the basis of race, sexreligion, gender, age, national origin,	1174
religion, disabilitymarital status, health status, age, marital	1175
status,or geographic location; or disability, sexual orientation,	1176
gender identity, or military status, as those terms are defined in	1177
section 4112.01 of the Revised Code, or geographic location, and	1178
does not unfairly discriminate between persons of essentially the	1179
same class and of essentially the same hazard or expectation of	1180
life.	1181

(B) A fee may not be charged for taking or submitting an	1182
initial application for coverage with any one insurer or different	1183
programs with the same insurer, or processing a change to an	1184
existing policy, a cancellation, a claim, or a renewal, in	1185
connection with any of the following personal lines policies:	1186

(1) Private passenger automobile;

1187

(2) Homeowners, including coverage for tenants or condominium	1188
owners, owner-occupied fire or dwelling property coverage,	1189
personal umbrella liability, or any other personal lines-related	1190
coverage whether sold as a separate policy or as an endorsement to	1191
another personal lines policy;	1192

(3) Individual life insurance;

1193

(4) Individual sickness or accident insurance;

1194

(5) Disability income policies;

1195

(6) Credit insurance products.

1196

(C) Notwithstanding any other provision of this section, an	1197
agent may charge a fee for agent services in connection with a	1198
policy issued on a no-commission basis, if the agent provides the	1199
consumer with prior disclosure of the fee and of the services to	1200
be provided.	1201

(D) In the event of a dispute between an agent and a consumer	1202
regarding any disclosure required by this section, the agent has	1203
the burden of proving that the disclosure was made.	1204

(E)(1) No person shall fail to comply with this section.

1205

(2) Whoever violates division (E)(1) of this section is	1206
deemed to have engaged in an unfair and deceptive act or practice	1207
in the business of insurance under sections 3901.19 to 3901.26 of	1208
the Revised Code.	1209

(F) This section does not apply with respect to any expense	1210
fee charged by a surety bail bond agent to cover the costs	1211
incurred by the surety bail bond agent in executing the bail bond.	1212

Sec. 4111.17.  (A) No employer, including the state and	1213
political subdivisions thereof, shall discriminate in the payment	1214
of wages on the basis of race, color, religion, sexgender, age,	1215
ancestry, or national origin, or ancestry; or sexual orientation	1216
or gender identity as those terms are defined in section 4112.01	1217
of the Revised Code, by paying wages to any employee at a rate	1218
less than the rate at which the employer pays wages to another	1219
employee for equal work on jobs the performance of which requires	1220
equal skill, effort, and responsibility, and which are performed	1221
under similar conditions.	1222

(B) Nothing in this section prohibits an employer from paying	1223
wages to one employee at a rate different from that at which the	1224
employer pays another employee for the performance of equal work	1225
under similar conditions on jobs requiring equal skill, effort,	1226
and responsibility, when the payment is made pursuant to any of	1227
the following:	1228

(1) A seniority system;

1229

(2) A merit system;

1230

(3) A system which measures earnings by the quantity or	1231
quality of production;	1232

(4) A wage rate differential determined by any factor other	1233
than race, color, religion, sexgender, age, ancestry, or national	1234
origin, or ancestry; or sexual orientation or gender identity as	1235
those terms are defined in section 4112.01 of the Revised Code.	1236

(C) No employer shall reduce the wage rate of any employee in	1237
order to comply with this section.	1238

(D) The director of commerce shall carry out, administer, and	1239
enforce this section. Any employee discriminated against in	1240
violation of this section may sue in any court of competent	1241
jurisdiction to recover two times the amount of the difference	1242
between the wages actually received and the wages received by a	1243
person performing equal work for the employer, from the date of	1244
the commencement of the violation, and for costs, including	1245
attorney fees. The director may take an assignment of any such	1246
wage claim in trust for such employee and sue in the employee's	1247
behalf. In any civil action under this section, two or more	1248
employees of the same employer may join as co-plaintiffs in one	1249
action. The director may sue in one action for claims assigned to	1250
the director by two or more employees of the same employer. No	1251
agreement to work for a discriminatory wage constitutes a defense	1252
for any civil or criminal action to enforce this section. No	1253
employer shall discriminate against any employee because such	1254
employee makes a complaint or institutes, or testifies in, any	1255
proceeding under this section.	1256

(E) Any action arising under this section shall be initiated	1257
within one year after the date of violation.	1258

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

1259

(1) "Person" includes one or more individuals, partnerships,	1260
associations, organizations, corporations, legal representatives,	1261
trustees, trustees in bankruptcy, receivers, and other organized	1262
groups of persons. "Person" also includes, but is not limited to,	1263
any owner, lessor, assignor, builder, manager, broker,	1264
salesperson, appraiser, agent, employee, lending institution, and	1265
the state and all political subdivisions, authorities, agencies,	1266
boards, and commissions of the state.	1267

(2) "Employer" includes the state, any political subdivision	1268
of the state, any person employing four or more persons within the	1269
state, and any person acting directly or indirectly in the	1270
interest of an employer, except that for purposes of	1271
discrimination based upon sexual orientation or gender identity,	1272
"employer" includes the state, any political subdivision of the	1273
state, any person employing fifteen or more persons within the	1274
state, and any person acting directly or indirectly in the	1275
interest of an employer.	1276

(3) "Employee" means an individual employed by any employer	1277
but does not include any individual employed in the domestic	1278
service of any person.	1279

(4) "Labor organization" includes any organization that	1280
exists, in whole or in part, for the purpose of collective	1281
bargaining or of dealing with employers concerning grievances,	1282
terms or conditions of employment, or other mutual aid or	1283
protection in relation to employment.	1284

(5) "Employment agency" includes any person regularly	1285
undertaking, with or without compensation, to procure	1286
opportunities to work or to procure, recruit, refer, or place	1287
employees.	1288

(6) "Commission" means the Ohio civil rights commission	1289
created by section 4112.03 of the Revised Code.	1290

(7) "Discriminate" includes segregate or separate.

1291

(8) "Unlawful discriminatory practice" means any act	1292
prohibited by section 4112.02, 4112.021, or 4112.022 of the	1293
Revised Code.	1294

(9) "Place of public accommodation" means any inn,	1295
restaurant, eating house, barbershop, public conveyance by air,	1296
land, or water, theater, store, other place for the sale of	1297
merchandise, or any other place of public accommodation or	1298
amusement of which the accommodations, advantages, facilities, or	1299
privileges are available to the public.	1300

(10) "Housing accommodations" includes any building or	1301
structure, or portion of a building or structure, that is used or	1302
occupied or is intended, arranged, or designed to be used or	1303
occupied as the home residence, dwelling, dwelling unit, or	1304
sleeping place of one or more individuals, groups, or families	1305
whether or not living independently of each other; and any vacant	1306
land offered for sale or lease. "Housing accommodations" also	1307
includes any housing accommodations held or offered for sale or	1308
rent by a real estate broker, salesperson, or agent, by any other	1309
person pursuant to authorization of the owner, by the owner, or by	1310
the owner's legal representative.	1311

(11) "Restrictive covenant" means any specification limiting	1312
the transfer, rental, lease, or other use of any housing	1313
accommodations because of race, color, religion, sexgender,	1314
military status, familial status, national origin, disability, or	1315
ancestry, national origin, familial status, disability, sexual	1316
orientation, gender identity, or military status, or any	1317
limitation based upon affiliation with or approval by any person,	1318
directly or indirectly, employing race, color, religion, sex	1319
gender, military status, familial status, national origin,	1320
disability, or ancestry,national origin, familial status,	1321
disability, sexual orientation, gender identity, or military	1322
status as a condition of affiliation or approval.	1323

(12) "Burial lot" means any lot for the burial of deceased	1324
persons within any public burial ground or cemetery, including,	1325
but not limited to, cemeteries owned and operated by municipal	1326
corporations, townships, or companies or associations incorporated	1327
for cemetery purposes.	1328

(13) "Disability" means a physical or mental impairment that	1329
substantially limits one or more major life activities, including	1330
the functions of caring for one's self, performing manual tasks,	1331
walking, seeing, hearing, speaking, breathing, learning, and	1332
working; a record of a physical or mental impairment; or being	1333
regarded as having a physical or mental impairment.	1334

(14) Except as otherwise provided in section 4112.021 of the	1335
Revised Code, "age" means at least forty years old.	1336

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

1337

(a) One or more individuals who are under eighteen years of	1338
age and who are domiciled with a parent or guardian having legal	1339
custody of the individual or domiciled, with the written	1340
permission of the parent or guardian having legal custody, with a	1341
designee of the parent or guardian;	1342

(b) Any person who is pregnant or in the process of securing	1343
legal custody of any individual who is under eighteen years of	1344
age.	1345

(16)(a) Except as provided in division (A)(16)(b) of this	1346
section, "physical or mental impairment" includes any of the	1347
following:	1348

(i) Any physiological disorder or condition, cosmetic	1349
disfigurement, or anatomical loss affecting one or more of the	1350
following body systems: neurological; musculoskeletal; special	1351
sense organs; respiratory, including speech organs;	1352
cardiovascular; reproductive; digestive; genito-urinary; hemic and	1353
lymphatic; skin; and endocrine;	1354

(ii) Any mental or psychological disorder, including, but not	1355
limited to, mental retardation, organic brain syndrome, emotional	1356
or mental illness, and specific learning disabilities;	1357

(iii) Diseases and conditions, including, but not limited to,	1358
orthopedic, visual, speech, and hearing impairments, cerebral	1359
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	1360
cancer, heart disease, diabetes, human immunodeficiency virus	1361
infection, mental retardation, emotional illness, drug addiction,	1362
and alcoholism.	1363

(b) "Physical or mental impairment" does not include any of	1364
the following:	1365

(i) Homosexuality and bisexualityMental conditions not	1366
included in the diagnostic and statistical manual of mental	1367
disorders published by the American psychiatric association or its	1368
successor publication;	1369

(ii) Transvestism, transsexualism, pedophiliaPedophilia,	1370
exhibitionism, voyeurism, gender identity disorders not resulting	1371
from physical impairments, or other sexual behavior disorders with	1372
corresponding criminal behavior;	1373

(iii) Compulsive gambling, kleptomania, or pyromania;

1374

(iv) Psychoactive substance use disorders resulting from the	1375
current illegal use of a controlled substance or the current use	1376
of alcoholic beverages.	1377

(17) "Dwelling unit" means a single unit of residence for a	1378
family of one or more persons.	1379

(18) "Common use areas" means rooms, spaces, or elements	1380
inside or outside a building that are made available for the use	1381
of residents of the building or their guests, and includes, but is	1382
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	1383
rooms, mail rooms, recreational areas, and passageways among and	1384
between buildings.	1385

(19) "Public use areas" means interior or exterior rooms or	1386
spaces of a privately or publicly owned building that are made	1387
available to the general public.	1388

(20) "Controlled substance" has the same meaning as in	1389
section 3719.01 of the Revised Code.	1390

(21) "Disabled tenant" means a tenant or prospective tenant	1391
who is a person with a disability.	1392

(22) "Military status" means a person's status in "service in	1393
the uniformed services" as defined in section 5923.05 of the	1394
Revised Code.	1395

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

1396

(a) Any person who claims to have been injured by any	1397
unlawful discriminatory practice described in division (H) of	1398
section 4112.02 of the Revised Code;	1399

(b) Any person who believes that the person will be injured	1400
by, any unlawful discriminatory practice described in division (H)	1401
of section 4112.02 of the Revised Code that is about to occur.	1402

(24) "Sexual orientation" means actual or perceived,	1403
heterosexuality, homosexuality, or bisexuality.	1404

(25) "Gender identity" means the gender-related identity,	1405
appearance, or mannerisms or other gender-related characteristics	1406
of an individual, with or without regard to the individual's	1407
designated gender at birth.	1408

(B) For the purposes of divisions (A) to (F) of section	1409
4112.02 of the Revised Code, the terms "because of sexgender" and	1410
"on the basis of sexgender" include, but are not limited to,	1411
because of or on the basis of pregnancy, any illness arising out	1412
of and occurring during the course of a pregnancy, childbirth, or	1413
related medical conditions. Women affected by pregnancy,	1414
childbirth, or related medical conditions shall be treated the	1415
same for all employment-related purposes, including receipt of	1416
benefits under fringe benefit programs, as other persons not so	1417
affected but similar in their ability or inability to work, and	1418
nothing in division (B) of section 4111.17 of the Revised Code	1419
shall be interpreted to permit otherwise. This division shall not	1420
be construed to require an employer to pay for health insurance	1421
benefits for abortion, except where the life of the mother would	1422
be endangered if the fetus were carried to term or except where	1423
medical complications have arisen from the abortion, provided that	1424
nothing in this division precludes an employer from providing	1425
abortion benefits or otherwise affects bargaining agreements in	1426
regard to abortion.	1427

Sec. 4112.02.  It shall be an unlawful discriminatory	1428
practice:	1429

(A) For any employer, because of the race, color, religion,	1430
sexgender, age, ancestry, national origin, disability, sexual	1431
orientation, gender identity, or military status, national origin,	1432
disability, age, or ancestry of any person, to discharge without	1433
just cause, to refuse to hire, or otherwise to discriminate	1434
against that person with respect to hire, tenure, terms,	1435
conditions, or privileges of employment, or any matter directly or	1436
indirectly related to employment.	1437

(B) For an employment agency or personnel placement service,	1438
because of race, color, religion, sexgender, age, ancestry,	1439
national origin, disability, sexual orientation, gender identity,	1440
or military status, national origin, disability, age, or ancestry,	1441
to do any of the following:	1442

(1) Refuse or fail to accept, register, classify properly, or	1443
refer for employment, or otherwise discriminate against any	1444
person;	1445

(2) Comply with a request from an employer for referral of	1446
applicants for employment if the request directly or indirectly	1447
indicates that the employer fails to comply with the provisions of	1448
sections 4112.01 to 4112.07 of the Revised Code.	1449

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

1450

(1) Limit or classify its membership on the basis of race,	1451
color, religion, sexgender, age, ancestry, national origin,	1452
disability, sexual orientation, gender identity, or military	1453
status, national origin, disability, age, or ancestry;	1454

(2) Discriminate against, limit the employment opportunities	1455
of, or otherwise adversely affect the employment status, wages,	1456
hours, or employment conditions of any person as an employee	1457
because of race, color, religion, sexgender, age, ancestry,	1458
national origin, disability, sexual orientation, gender identity,	1459
or military status, national origin, disability, age, or ancestry.	1460

(D) For any employer, labor organization, or joint	1461
labor-management committee controlling apprentice training	1462
programs to discriminate against any person because of race,	1463
color, religion, sexgender, ancestry, national origin,	1464
disability, sexual orientation, gender identity, or military	1465
status, national origin, disability, or ancestry in admission to,	1466
or employment in, any program established to provide apprentice	1467
training.	1468

(E) Except where based on a bona fide occupational	1469
qualification certified in advance by the commission, for any	1470
employer, employment agency, personnel placement service, or labor	1471
organization, prior to employment or admission to membership, to	1472
do any of the following:	1473

(1) Elicit or attempt to elicit any information concerning	1474
the race, color, religion, sexgender, age, ancestry, national	1475
origin, disability, sexual orientation, gender identity, or	1476
military status, national origin, disability, age, or ancestry of	1477
an applicant for employment or membership;	1478

(2) Make or keep a record of the race, color, religion, sex	1479
gender, age, ancestry, national origin, disability, sexual	1480
orientation, gender identity, or military status, national origin,	1481
disability, age, or ancestry of any applicant for employment or	1482
membership;	1483

(3) Use any form of application for employment, or personnel	1484
or membership blank, seeking to elicit information regarding race,	1485
color, religion, sexgender, age, ancestry, national origin,	1486
disability, sexual orientation, gender identity, or military	1487
status, national origin, disability, age, or ancestry; but an	1488
employer holding a contract containing a nondiscrimination clause	1489
with the government of the United States, or any department or	1490
agency of that government, may require an employee or applicant	1491
for employment to furnish documentary proof of United States	1492
citizenship and may retain that proof in the employer's personnel	1493
records and may use photographic or fingerprint identification for	1494
security purposes;	1495

(4) Print or publish or cause to be printed or published any	1496
notice or advertisement relating to employment or membership	1497
indicating any preference, limitation, specification, or	1498
discrimination, based upon race, color, religion, sexgender,	1499
age, ancestry, national origin, disability, sexual orientation,	1500
gender identity, or military status, national origin, disability,	1501
age, or ancestry;	1502

(5) Announce or follow a policy of denying or limiting,	1503
through a quota system or otherwise, employment or membership	1504
opportunities of any group because of the race, color, religion,	1505
sexgender, age, ancestry, national origin, disability, sexual	1506
orientation, gender identity, or military status, national origin,	1507
disability, age, or ancestry of that group;	1508

(6) Utilize in the recruitment or hiring of persons any	1509
employment agency, personnel placement service, training school or	1510
center, labor organization, or any other employee-referring source	1511
known to discriminate against persons because of their race,	1512
color, religion, sexgender, age, ancestry, national origin,	1513
disability, sexual orientation, gender identity, or military	1514
status, national origin, disability, age, or ancestry.	1515

(F) For any person seeking employment to publish or cause to	1516
be published any advertisement that specifies or in any manner	1517
indicates that person's race, color, religion, sexgender, age,	1518
ancestry, national origin, disability, sexual orientation, gender	1519
identity, or military status, national origin, disability, age, or	1520
ancestry, or expresses a limitation or preference as to the race,	1521
color, religion, sexgender, age, ancestry, national origin,	1522
disability, sexual orientation, gender identity, or military	1523
status, national origin, disability, age, or ancestry of any	1524
prospective employer.	1525

(G) For any proprietor or any employee, keeper, or manager of	1526
a place of public accommodation to deny to any person, except for	1527
reasons applicable alike to all persons regardless of race, color,	1528
religion, sexgender, age, ancestry, national origin, disability,	1529
sexual orientation, gender identity, or military status, national	1530
origin, disability, age, or ancestry, the full enjoyment of the	1531
accommodations, advantages, facilities, or privileges of the place	1532
of public accommodation.	1533

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

1534

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	1535
or finance housing accommodations, refuse to negotiate for the	1536
sale or rental of housing accommodations, or otherwise deny or	1537
make unavailable housing accommodations because of race, color,	1538
religion, sexgender, ancestry, national origin, familial status,	1539
disability, sexual orientation, gender identity, or military	1540
status, familial status, ancestry, disability, or national origin;	1541

(2) Represent to any person that housing accommodations are	1542
not available for inspection, sale, or rental, when in fact they	1543
are available, because of race, color, religion, sexgender,	1544
ancestry, national origin, familial status, disability, sexual	1545
orientation, gender identity, or military status, familial status,	1546
ancestry, disability, or national origin;	1547

(3) Discriminate against any person in the making or	1548
purchasing of loans or the provision of other financial assistance	1549
for the acquisition, construction, rehabilitation, repair, or	1550
maintenance of housing accommodations, or any person in the making	1551
or purchasing of loans or the provision of other financial	1552
assistance that is secured by residential real estate, because of	1553
race, color, religion, sexgender, ancestry, national origin,	1554
familial status, disability, sexual orientation, gender identity,	1555
or military status, familial status, ancestry, disability, or	1556
national origin or because of the racial composition of the	1557
neighborhood in which the housing accommodations are located,	1558
provided that the person, whether an individual, corporation, or	1559
association of any type, lends money as one of the principal	1560
aspects or incident to the person's principal business and not	1561
only as a part of the purchase price of an owner-occupied	1562
residence the person is selling nor merely casually or	1563
occasionally to a relative or friend;	1564

(4) Discriminate against any person in the terms or	1565
conditions of selling, transferring, assigning, renting, leasing,	1566
or subleasing any housing accommodations or in furnishing	1567
facilities, services, or privileges in connection with the	1568
ownership, occupancy, or use of any housing accommodations,	1569
including the sale of fire, extended coverage, or homeowners	1570
insurance, because of race, color, religion, sexgender, ancestry,	1571
national origin, familial status, disability, sexual orientation,	1572
gender identity, or military status, familial status, ancestry,	1573
disability, or national origin or because of the racial	1574
composition of the neighborhood in which the housing	1575
accommodations are located;	1576

(5) Discriminate against any person in the terms or	1577
conditions of any loan of money, whether or not secured by	1578
mortgage or otherwise, for the acquisition, construction,	1579
rehabilitation, repair, or maintenance of housing accommodations	1580
because of race, color, religion, sexgender, ancestry, national	1581
origin, familial status, disability, sexual orientation, gender	1582
identity, or military status, familial status, ancestry,	1583
disability, or national origin or because of the racial	1584
composition of the neighborhood in which the housing	1585
accommodations are located;	1586

(6) Refuse to consider without prejudice the combined income	1587
of both husband and wife for the purpose of extending mortgage	1588
credit to a married couple or either member of a married couple;	1589

(7) Print, publish, or circulate any statement or	1590
advertisement, or make or cause to be made any statement or	1591
advertisement, relating to the sale, transfer, assignment, rental,	1592
lease, sublease, or acquisition of any housing accommodations, or	1593
relating to the loan of money, whether or not secured by mortgage	1594
or otherwise, for the acquisition, construction, rehabilitation,	1595
repair, or maintenance of housing accommodations, that indicates	1596
any preference, limitation, specification, or discrimination based	1597
upon race, color, religion, sexgender, ancestry, national origin,	1598
familial status, disability, sexual orientation, gender identity,	1599
or military status, familial status, ancestry, disability, or	1600
national origin, or an intention to make any such preference,	1601
limitation, specification, or discrimination;	1602

(8) Except as otherwise provided in division (H)(8) or (17)	1603
of this section, make any inquiry, elicit any information, make or	1604
keep any record, or use any form of application containing	1605
questions or entries concerning race, color, religion, sexgender,	1606
ancestry, national origin, familial status, disability, sexual	1607
orientation, gender identity, or military status, familial status,	1608
ancestry, disability, or national origin in connection with the	1609
sale or lease of any housing accommodations or the loan of any	1610
money, whether or not secured by mortgage or otherwise, for the	1611
acquisition, construction, rehabilitation, repair, or maintenance	1612
of housing accommodations. Any person may make inquiries, and make	1613
and keep records, concerning race, color, religion, sexgender,	1614
ancestry, national origin, familial status, disability, sexual	1615
orientation, gender identity, or military status, familial status,	1616
ancestry, disability, or national origin for the purpose of	1617
monitoring compliance with this chapter.	1618

(9) Include in any transfer, rental, or lease of housing	1619
accommodations any restrictive covenant, or honor or exercise, or	1620
attempt to honor or exercise, any restrictive covenant;	1621

(10) Induce or solicit, or attempt to induce or solicit, a	1622
housing accommodations listing, sale, or transaction by	1623
representing that a change has occurred or may occur with respect	1624
to the racial, religious, sexualgender, familial status, sexual	1625
orientation, gender identity, military status, familial status, or	1626
ethnic composition of the block, neighborhood, or other area in	1627
which the housing accommodations are located, or induce or	1628
solicit, or attempt to induce or solicit, a housing accommodations	1629
listing, sale, or transaction by representing that the presence or	1630
anticipated presence of persons of any race, color, religion, sex	1631
gender, ancestry, national origin, familial status, disability,	1632
sexual orientation, gender identity, or military status, familial	1633
status, ancestry, disability, or national origin, in the block,	1634
neighborhood, or other area will or may have results including,	1635
but not limited to, the following:	1636

(a) The lowering of property values;

1637

(b) A change in the racial, religious, sexualgender,	1638
familial status, sexual orientation, gender identity, military	1639
status, familial status, or ethnic composition of the block,	1640
neighborhood, or other area;	1641

(c) An increase in criminal or antisocial behavior in the	1642
block, neighborhood, or other area;	1643

(d) A decline in the quality of the schools serving the	1644
block, neighborhood, or other area.	1645

(11) Deny any person access to or membership or participation	1646
in any multiple-listing service, real estate brokers'	1647
organization, or other service, organization, or facility relating	1648
to the business of selling or renting housing accommodations, or	1649
discriminate against any person in the terms or conditions of that	1650
access, membership, or participation, on account of race, color,	1651
religion, sexgender, ancestry, national origin, familial status,	1652
disability, sexual orientation, gender identity, or military	1653
status, familial status, national origin, disability, or ancestry;	1654

(12) Coerce, intimidate, threaten, or interfere with any	1655
person in the exercise or enjoyment of, or on account of that	1656
person's having exercised or enjoyed or having aided or encouraged	1657
any other person in the exercise or enjoyment of, any right	1658
granted or protected by division (H) of this section;	1659

(13) Discourage or attempt to discourage the purchase by a	1660
prospective purchaser of housing accommodations, by representing	1661
that any block, neighborhood, or other area has undergone or might	1662
undergo a change with respect to its racial, religious, racial,	1663
sexualgender, familial status, sexual orientation, gender	1664
identity, military status, familial status, or ethnic	1665
composition;	1666

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	1667
or finance, or otherwise deny or withhold, a burial lot from any	1668
person because of the race, color, sexgender, age, ancestry,	1669
national origin, familial status, disability, sexual orientation,	1670
gender identity, or military status, familial status, age,	1671
ancestry, disability, or national origin of any prospective owner	1672
or user of the lot;	1673

(15) Discriminate in the sale or rental of, or otherwise make	1674
unavailable or deny, housing accommodations to any buyer or renter	1675
because of a disability of any of the following:	1676

(a) The buyer or renter;

1677

(b) A person residing in or intending to reside in the	1678
housing accommodations after they are sold, rented, or made	1679
available;	1680

(c) Any individual associated with the person described in	1681
division (H)(15)(b) of this section.	1682

(16) Discriminate in the terms, conditions, or privileges of	1683
the sale or rental of housing accommodations to any person or in	1684
the provision of services or facilities to any person in	1685
connection with the housing accommodations because of a disability	1686
of any of the following:	1687

(a) That person;

1688

(b) A person residing in or intending to reside in the	1689
housing accommodations after they are sold, rented, or made	1690
available;	1691

(c) Any individual associated with the person described in	1692
division (H)(16)(b) of this section.	1693

(17) Except as otherwise provided in division (H)(17) of this	1694
section, make an inquiry to determine whether an applicant for the	1695
sale or rental of housing accommodations, a person residing in or	1696
intending to reside in the housing accommodations after they are	1697
sold, rented, or made available, or any individual associated with	1698
that person has a disability, or make an inquiry to determine the	1699
nature or severity of a disability of the applicant or such a	1700
person or individual. The following inquiries may be made of all	1701
applicants for the sale or rental of housing accommodations,	1702
regardless of whether they have disabilities:	1703

(a) An inquiry into an applicant's ability to meet the	1704
requirements of ownership or tenancy;	1705

(b) An inquiry to determine whether an applicant is qualified	1706
for housing accommodations available only to persons with	1707
disabilities or persons with a particular type of disability;	1708

(c) An inquiry to determine whether an applicant is qualified	1709
for a priority available to persons with disabilities or persons	1710
with a particular type of disability;	1711

(d) An inquiry to determine whether an applicant currently	1712
uses a controlled substance in violation of section 2925.11 of the	1713
Revised Code or a substantively comparable municipal ordinance;	1714

(e) An inquiry to determine whether an applicant at any time	1715
has been convicted of or pleaded guilty to any offense, an element	1716
of which is the illegal sale, offer to sell, cultivation,	1717
manufacture, other production, shipment, transportation, delivery,	1718
or other distribution of a controlled substance.	1719

(18)(a) Refuse to permit, at the expense of a person with a	1720
disability, reasonable modifications of existing housing	1721
accommodations that are occupied or to be occupied by the person	1722
with a disability, if the modifications may be necessary to afford	1723
the person with a disability full enjoyment of the housing	1724
accommodations. This division does not preclude a landlord of	1725
housing accommodations that are rented or to be rented to a	1726
disabled tenant from conditioning permission for a proposed	1727
modification upon the disabled tenant's doing one or more of the	1728
following:	1729

(i) Providing a reasonable description of the proposed	1730
modification and reasonable assurances that the proposed	1731
modification will be made in a workerlike manner and that any	1732
required building permits will be obtained prior to the	1733
commencement of the proposed modification;	1734

(ii) Agreeing to restore at the end of the tenancy the	1735
interior of the housing accommodations to the condition they were	1736
in prior to the proposed modification, but subject to reasonable	1737
wear and tear during the period of occupancy, if it is reasonable	1738
for the landlord to condition permission for the proposed	1739
modification upon the agreement;	1740

(iii) Paying into an interest-bearing escrow account that is	1741
in the landlord's name, over a reasonable period of time, a	1742
reasonable amount of money not to exceed the projected costs at	1743
the end of the tenancy of the restoration of the interior of the	1744
housing accommodations to the condition they were in prior to the	1745
proposed modification, but subject to reasonable wear and tear	1746
during the period of occupancy, if the landlord finds the account	1747
reasonably necessary to ensure the availability of funds for the	1748
restoration work. The interest earned in connection with an escrow	1749
account described in this division shall accrue to the benefit of	1750
the disabled tenant who makes payments into the account.	1751

(b) A landlord shall not condition permission for a proposed	1752
modification upon a disabled tenant's payment of a security	1753
deposit that exceeds the customarily required security deposit of	1754
all tenants of the particular housing accommodations.	1755

(19) Refuse to make reasonable accommodations in rules,	1756
policies, practices, or services when necessary to afford a person	1757
with a disability equal opportunity to use and enjoy a dwelling	1758
unit, including associated public and common use areas;	1759

(20) Fail to comply with the standards and rules adopted	1760
under division (A) of section 3781.111 of the Revised Code;	1761

(21) Discriminate against any person in the selling,	1762
brokering, or appraising of real property because of race, color,	1763
religion, sexgender, ancestry, national origin, familial status,	1764
disability, sexual orientation, gender identity, or military	1765
status, familial status, ancestry, disability, or national origin;	1766

(22) Fail to design and construct covered multifamily	1767
dwellings for first occupancy on or after June 30, 1992, in	1768
accordance with the following conditions:	1769

(a) The dwellings shall have at least one building entrance	1770
on an accessible route, unless it is impractical to do so because	1771
of the terrain or unusual characteristics of the site.	1772

(b) With respect to dwellings that have a building entrance	1773
on an accessible route, all of the following apply:	1774

(i) The public use areas and common use areas of the	1775
dwellings shall be readily accessible to and usable by persons	1776
with a disability.	1777

(ii) All the doors designed to allow passage into and within	1778
all premises shall be sufficiently wide to allow passage by	1779
persons with a disability who are in wheelchairs.	1780

(iii) All premises within covered multifamily dwelling units	1781
shall contain an accessible route into and through the dwelling;	1782
all light switches, electrical outlets, thermostats, and other	1783
environmental controls within such units shall be in accessible	1784
locations; the bathroom walls within such units shall contain	1785
reinforcements to allow later installation of grab bars; and the	1786
kitchens and bathrooms within such units shall be designed and	1787
constructed in a manner that enables an individual in a wheelchair	1788
to maneuver about such rooms.	1789

For purposes of division (H)(22) of this section, "covered	1790
multifamily dwellings" means buildings consisting of four or more	1791
units if such buildings have one or more elevators and ground	1792
floor units in other buildings consisting of four or more units.	1793

(I) For any person to discriminate in any manner against any	1794
other person because that person has opposed any unlawful	1795
discriminatory practice defined in this section or because that	1796
person has made a charge, testified, assisted, or participated in	1797
any manner in any investigation, proceeding, or hearing under	1798
sections 4112.01 to 4112.07 of the Revised Code.	1799

(J) For any person to aid, abet, incite, compel, or coerce	1800
the doing of any act declared by this section to be an unlawful	1801
discriminatory practice, to obstruct or prevent any person from	1802
complying with this chapter or any order issued under it, or to	1803
attempt directly or indirectly to commit any act declared by this	1804
section to be an unlawful discriminatory practice.	1805

(K)(1) Nothing in division (H) of this section shall bar any	1806
religious or denominational institution or organization, or any	1807
nonprofit charitable or educational organization that is operated,	1808
supervised, or controlled by or in connection with a religious	1809
organization, from limiting the sale, rental, or occupancy of	1810
housing accommodations that it owns or operates for other than a	1811
commercial purpose to persons of the same religion, or from giving	1812
preference in the sale, rental, or occupancy of such housing	1813
accommodations to persons of the same religion, unless membership	1814
in the religion is restricted on account of race, color, or	1815
national origin.	1816

(2) Nothing in division (H) of this section shall bar any	1817
bona fide private or fraternal organization that, incidental to	1818
its primary purpose, owns or operates lodgings for other than a	1819
commercial purpose, from limiting the rental or occupancy of the	1820
lodgings to its members or from giving preference to its members.	1821

(3) Nothing in division (H) of this section limits the	1822
applicability of any reasonable local, state, or federal	1823
restrictions regarding the maximum number of occupants permitted	1824
to occupy housing accommodations. Nothing in that division	1825
prohibits the owners or managers of housing accommodations from	1826
implementing reasonable occupancy standards based on the number	1827
and size of sleeping areas or bedrooms and the overall size of a	1828
dwelling unit, provided that the standards are not implemented to	1829
circumvent the purposes of this chapter and are formulated,	1830
implemented, and interpreted in a manner consistent with this	1831
chapter and any applicable local, state, or federal restrictions	1832
regarding the maximum number of occupants permitted to occupy	1833
housing accommodations.	1834

(4) Nothing in division (H) of this section requires that	1835
housing accommodations be made available to an individual whose	1836
tenancy would constitute a direct threat to the health or safety	1837
of other individuals or whose tenancy would result in substantial	1838
physical damage to the property of others.	1839

(5) Nothing in division (H) of this section pertaining to	1840
discrimination on the basis of familial status shall be construed	1841
to apply to any of the following:	1842

(a) Housing accommodations provided under any state or	1843
federal program that have been determined under the "Fair Housing	1844
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	1845
amended, to be specifically designed and operated to assist	1846
elderly persons;	1847

(b) Housing accommodations intended for and solely occupied	1848
by persons who are sixty-two years of age or older;	1849

(c) Housing accommodations intended and operated for	1850
occupancy by at least one person who is fifty-five years of age or	1851
older per unit, as determined under the "Fair Housing Amendments	1852
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	1853

(L) Nothing in divisions (A) to (E) of this section shall be	1854
construed to require a person with a disability to be employed or	1855
trained under circumstances that would significantly increase the	1856
occupational hazards affecting either the person with a	1857
disability, other employees, the general public, or the facilities	1858
in which the work is to be performed, or to require the employment	1859
or training of a person with a disability in a job that requires	1860
the person with a disability routinely to undertake any task, the	1861
performance of which is substantially and inherently impaired by	1862
the person's disability.	1863

(M) Nothing in divisions (H)(1) to (18) of this section shall	1864
be construed to require any person selling or renting property to	1865
modify the property in any way or to exercise a higher degree of	1866
care for a person with a disability, to relieve any person with a	1867
disability of any obligation generally imposed on all persons	1868
regardless of disability in a written lease, rental agreement, or	1869
contract of purchase or sale, or to forbid distinctions based on	1870
the inability to fulfill the terms and conditions, including	1871
financial obligations, of the lease, agreement, or contract.	1872

(N) An aggrieved individual may enforce the individual's	1873
rights relative to discrimination on the basis of age as provided	1874
for in this section by instituting a civil action, within one	1875
hundred eighty days after the alleged unlawful discriminatory	1876
practice occurred, in any court with jurisdiction for any legal or	1877
equitable relief that will effectuate the individual's rights.	1878

A person who files a civil action under this division is	1879
barred, with respect to the practices complained of, from	1880
instituting a civil action under section 4112.14 of the Revised	1881
Code and from filing a charge with the commission under section	1882
4112.05 of the Revised Code.	1883

(O) With regard to age, it shall not be an unlawful	1884
discriminatory practice and it shall not constitute a violation of	1885
division (A) of section 4112.14 of the Revised Code for any	1886
employer, employment agency, joint labor-management committee	1887
controlling apprenticeship training programs, or labor	1888
organization to do any of the following:	1889

(1) Establish bona fide employment qualifications reasonably	1890
related to the particular business or occupation that may include	1891
standards for skill, aptitude, physical capability, intelligence,	1892
education, maturation, and experience;	1893

(2) Observe the terms of a bona fide seniority system or any	1894
bona fide employee benefit plan, including, but not limited to, a	1895
retirement, pension, or insurance plan, that is not a subterfuge	1896
to evade the purposes of this section. However, no such employee	1897
benefit plan shall excuse the failure to hire any individual, and	1898
no such seniority system or employee benefit plan shall require or	1899
permit the involuntary retirement of any individual, because of	1900
the individual's age except as provided for in the "Age	1901
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	1902
29 U.S.C.A. 623, as amended by the "Age Discrimination in	1903
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	1904
623, as amended.	1905

(3) Retire an employee who has attained sixty-five years of	1906
age who, for the two-year period immediately before retirement, is	1907
employed in a bona fide executive or a high policymaking position,	1908
if the employee is entitled to an immediate nonforfeitable annual	1909
retirement benefit from a pension, profit-sharing, savings, or	1910
deferred compensation plan, or any combination of those plans, of	1911
the employer of the employee, which equals, in the aggregate, at	1912
least forty-four thousand dollars, in accordance with the	1913
conditions of the "Age Discrimination in Employment Act Amendment	1914
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	1915
Discrimination in Employment Act Amendments of 1986," 100 Stat.	1916
3342, 29 U.S.C.A. 631, as amended;	1917

(4) Observe the terms of any bona fide apprenticeship program	1918
if the program is registered with the Ohio apprenticeship council	1919
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	1920
approved by the federal committee on apprenticeship of the United	1921
States department of labor.	1922

(P) Nothing in this chapter prohibiting age discrimination	1923
and nothing in division (A) of section 4112.14 of the Revised Code	1924
shall be construed to prohibit the following:	1925

(1) The designation of uniform age the attainment of which is	1926
necessary for public employees to receive pension or other	1927
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	1928
or 5505. of the Revised Code;	1929

(2) The mandatory retirement of uniformed patrol officers of	1930
the state highway patrol as provided in section 5505.16 of the	1931
Revised Code;	1932

(3) The maximum age requirements for appointment as a patrol	1933
officer in the state highway patrol established by section 5503.01	1934
of the Revised Code;	1935

(4) The maximum age requirements established for original	1936
appointment to a police department or fire department in sections	1937
124.41 and 124.42 of the Revised Code;	1938

(5) Any maximum age not in conflict with federal law that may	1939
be established by a municipal charter, municipal ordinance, or	1940
resolution of a board of township trustees for original	1941
appointment as a police officer or firefighter;	1942

(6) Any mandatory retirement provision not in conflict with	1943
federal law of a municipal charter, municipal ordinance, or	1944
resolution of a board of township trustees pertaining to police	1945
officers and firefighters;	1946

(7) Until January 1, 1994, the mandatory retirement of any	1947
employee who has attained seventy years of age and who is serving	1948
under a contract of unlimited tenure, or similar arrangement	1949
providing for unlimited tenure, at an institution of higher	1950
education as defined in the "Education Amendments of 1980," 94	1951
Stat. 1503, 20 U.S.C.A. 1141(a).	1952

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	1953
section, for purposes of divisions (A) to (E) of this section, a	1954
disability does not include any physiological disorder or	1955
condition, mental or psychological disorder, or disease or	1956
condition caused by an illegal use of any controlled substance by	1957
an employee, applicant, or other person, if an employer,	1958
employment agency, personnel placement service, labor	1959
organization, or joint labor-management committee acts on the	1960
basis of that illegal use.	1961

(b) Division (Q)(1)(a) of this section does not apply to an	1962
employee, applicant, or other person who satisfies any of the	1963
following:	1964

(i) The employee, applicant, or other person has successfully	1965
completed a supervised drug rehabilitation program and no longer	1966
is engaging in the illegal use of any controlled substance, or the	1967
employee, applicant, or other person otherwise successfully has	1968
been rehabilitated and no longer is engaging in that illegal use.	1969

(ii) The employee, applicant, or other person is	1970
participating in a supervised drug rehabilitation program and no	1971
longer is engaging in the illegal use of any controlled substance.	1972

(iii) The employee, applicant, or other person is erroneously	1973
regarded as engaging in the illegal use of any controlled	1974
substance, but the employee, applicant, or other person is not	1975
engaging in that illegal use.	1976

(2) Divisions (A) to (E) of this section do not prohibit an	1977
employer, employment agency, personnel placement service, labor	1978
organization, or joint labor-management committee from doing any	1979
of the following:	1980

(a) Adopting or administering reasonable policies or	1981
procedures, including, but not limited to, testing for the illegal	1982
use of any controlled substance, that are designed to ensure that	1983
an individual described in division (Q)(1)(b)(i) or (ii) of this	1984
section no longer is engaging in the illegal use of any controlled	1985
substance;	1986

(b) Prohibiting the illegal use of controlled substances and	1987
the use of alcohol at the workplace by all employees;	1988

(c) Requiring that employees not be under the influence of	1989
alcohol or not be engaged in the illegal use of any controlled	1990
substance at the workplace;	1991

(d) Requiring that employees behave in conformance with the	1992
requirements established under "The Drug-Free Workplace Act of	1993
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	1994

(e) Holding an employee who engages in the illegal use of any	1995
controlled substance or who is an alcoholic to the same	1996
qualification standards for employment or job performance, and the	1997
same behavior, to which the employer, employment agency, personnel	1998
placement service, labor organization, or joint labor-management	1999
committee holds other employees, even if any unsatisfactory	2000
performance or behavior is related to an employee's illegal use of	2001
a controlled substance or alcoholism;	2002

(f) Exercising other authority recognized in the "Americans	2003
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	2004
as amended, including, but not limited to, requiring employees to	2005
comply with any applicable federal standards.	2006

(3) For purposes of this chapter, a test to determine the	2007
illegal use of any controlled substance does not include a medical	2008
examination.	2009

(4) Division (Q) of this section does not encourage,	2010
prohibit, or authorize, and shall not be construed as encouraging,	2011
prohibiting, or authorizing, the conduct of testing for the	2012
illegal use of any controlled substance by employees, applicants,	2013
or other persons, or the making of employment decisions based on	2014
the results of that type of testing.	2015

(R)(1) Nothing in this section shall prohibit any religious	2016
association, corporation, or society that is not organized for	2017
private profit, or any institution organized for educational	2018
purposes that is operated, supervised, or controlled by such a	2019
religious association, corporation, or society, from limiting	2020
admission to or giving preference to persons of the same religion	2021
or denomination.	2022

(2) A religious association, corporation, or society may	2023
determine criteria for membership in the association's,	2024
corporation's, or society's religion or denomination, including	2025
with regard to sexual orientation and gender identity.	2026

(3) Division (R)(1) of this section shall not apply to	2027
secular business activities regularly carried on in which the	2028
religious association, corporation, or society engages if the	2029
conduct of those activities is unrelated to the religious and	2030
educational purposes for which the association, corporation, or	2031
society is organized.	2032

(S) Nothing in this section shall be construed to establish	2033
an unlawful discriminatory practice based on actual or perceived	2034
gender identity due to the denial of access to shared shower or	2035
dressing facilities in which being seen unclothed is unavoidable,	2036
provided that the employer provides reasonable access to adequate	2037
facilities that are not inconsistent with an employee's gender	2038
identity as established with the employer at the time of initial	2039
employment or upon notification to the employer that the employee	2040
has undergone or is undergoing gender transition, whichever is	2041
later.	2042

(T) Nothing in this section shall be construed to require the	2043
construction of new or additional facilities.	2044

(U) Nothing in this section prohibits an employer from	2045
implementing, enforcing, or modifying a dress code or grooming	2046
standards not prohibited by other provisions of federal, state, or	2047
local law and requiring an employee, during the employee's hours	2048
at work, to adhere to the dress code or grooming standards,	2049
provided that the employer permits any employee who has undergone	2050
gender transition before being initially employed, and any	2051
employee who has notified the employer that the employee has	2052
undergone or is undergoing gender transition after being initially	2053
employed, to adhere to the same dress code or grooming standards	2054
applicable to the gender to which the employee has transitioned or	2055
is transitioning.	2056

(V) Nothing in this section shall be construed to authorize	2057
or require any private employer, employment agency, or labor	2058
organization to implement quotas or affirmative action policies or	2059
programs, based on sexual orientation or gender identity.	2060

(W) Upon receiving certification of a bona fide occupational	2061
qualification from the commission, nothing in this section	2062
requires an employer, whose business is primarily religious in	2063
nature, to take any employment action that would compromise that	2064
business's religious purposes relating to sexual orientation or	2065
gender identity.	2066

(X)(1) It shall be an unlawful discriminatory practice for	2067
any employer, employment agency, or labor organization to limit,	2068
segregate, or classify its employees or applicants for employment	2069
in any way that would deprive or tend to deprive any individual of	2070
employment or otherwise adversely affect the status of the	2071
individual as an employee because of the individual's actual or	2072
perceived sexual orientation or gender identity.	2073

(2) The commission shall not collect statistics on actual or	2074
perceived sexual orientation or gender identity from any employer,	2075
employment agency, or labor organization nor compel any of them to	2076
collect such statistics.	2077

(3) Only disparate treatment claims, and not disparate impact	2078
claims, may be brought under this section on the basis of sexual	2079
orientation or gender identity. As used in division (X)(3) of this	2080
section, "disparate impact" means a facially neutral policy or	2081
practice that has a negative impact on a protected group.	2082

Sec. 4112.021.  (A) As used in this section:

2083

(1) "Credit" means the right granted by a creditor to a	2084
person to defer payment of a debt, to incur debt and defer its	2085
payment, or to purchase property or services and defer payment for	2086
the property or services.	2087

(2) "Creditor" means any person who regularly extends,	2088
renews, or continues credit, any person who regularly arranges for	2089
the extension, renewal, or continuation of credit, or any assignee	2090
of an original creditor who participates in the decision to	2091
extend, renew, or continue credit, whether or not any interest or	2092
finance charge is required.	2093

(3) "Credit reporting agency" means any person who, for	2094
monetary fees or dues or on a cooperative nonprofit basis,	2095
regularly assembles or evaluates credit information for the	2096
purpose of furnishing credit reports to creditors.	2097

(4) "Age" means any age of eighteen years or older.

2098

(B) It shall be an unlawful discriminatory practice:

2099

(1) For any creditor to do any of the following:

2100

(a) Discriminate against any applicant for credit in the	2101
granting, withholding, extending, or renewing of credit, or in the	2102
fixing of the rates, terms, or conditions of any form of credit,	2103
on the basis of race, color, religion, gender, age, sexancestry,	2104
national origin, marital status, disability, sexual orientation,	2105
gender identity, or military status, marital status, national	2106
origin, disability, or ancestry, except that this division shall	2107
not apply with respect to age in any real estate transaction	2108
between a financial institution, a dealer in intangibles, or an	2109
insurance company as defined in section 5725.01 of the Revised	2110
Code and its customers;	2111

(b) Use or make any inquiry as to race, color, religion,	2112
gender, age, sexancestry, national origin, marital status,	2113
disability, sexual orientation, gender identity, or military	2114
status, marital status, national origin, disability, or ancestry	2115
for the purpose of limiting or specifying those persons to whom	2116
credit will be granted, except that an inquiry of marital status	2117
does not constitute discrimination for the purposes of this	2118
section if the inquiry is made for the purpose of ascertaining the	2119
creditor's rights and remedies applicable to the particular	2120
extension of credit, and except that creditors are excepted from	2121
this division with respect to any inquiry, elicitation of	2122
information, record, or form of application required of a	2123
particular creditor by any instrumentality or agency of the United	2124
States, or required of a particular creditor by any agency or	2125
instrumentality to enforce the "Civil Rights Act of 1968," 82	2126
Stat. 84, 85, 42 U.S.C.A. 3608(c);	2127

(c) Refuse to consider the sources of income of an applicant	2128
for credit, or disregard or ignore the income of an applicant, in	2129
whole or in part, on the basis of race, color, religion, gender,	2130
age, sexancestry, national origin, marital status, disability,	2131
sexual orientation, gender identity, or military status, marital	2132
status, disability, national origin, or ancestry;	2133

(d) Refuse to grant credit to an individual in any name that	2134
individual customarily uses, if it has been determined in the	2135
normal course of business that the creditor will grant credit to	2136
the individual;	2137

(e) Impose any special requirements or conditions, including,	2138
but not limited to, a requirement for co-obligors or	2139
reapplication, upon any applicant or class of applicants on the	2140
basis of race, color, religion, gender, age, sexancestry,	2141
national origin, marital status, disability, sexual orientation,	2142
gender identity, or military status, marital status, national	2143
origin, disability, or ancestry in circumstances where similar	2144
requirements or conditions are not imposed on other applicants	2145
similarly situated, unless the special requirements or conditions	2146
that are imposed with respect to age are the result of a real	2147
estate transaction exempted under division (B)(1)(a) of this	2148
section or are the result of programs that grant preferences to	2149
certain age groups administered by instrumentalities or agencies	2150
of the United States, a state, or a political subdivision of a	2151
state;	2152

(f) Fail or refuse to provide an applicant for credit a	2153
written statement of the specific reasons for rejection of the	2154
application if requested in writing by the applicant within sixty	2155
days of the rejection. The creditor shall provide the written	2156
statement of the specific reason for rejection within thirty days	2157
after receipt of a request of that nature. For purposes of this	2158
section, a statement that the applicant was rejected solely on the	2159
basis of information received from a credit reporting agency or	2160
because the applicant failed to meet the standards required by the	2161
creditor's credit scoring system, uniformly applied, shall	2162
constitute a specific reason for rejection.	2163

(g) Fail or refuse to print on or firmly attach to each	2164
application for credit, in a type size no smaller than that used	2165
throughout most of the application form, the following notice:	2166
"The Ohio laws against discrimination require that all creditors	2167
make credit equally available to all credit worthy customers, and	2168
that credit reporting agencies maintain separate credit histories	2169
on each individual upon request. The Ohio civil rights commission	2170
administers compliance with this law." This notice is not required	2171
to be included in applications that have a multi-state	2172
distribution if the notice is mailed to the applicant with the	2173
notice of acceptance or rejection of the application.	2174

(h) Fail or refuse on the basis of race, color, religion,	2175
gender, age, sexancestry, national origin, marital status,	2176
disability, sexual orientation, gender identity, or military	2177
status, marital status, national origin, disability, or ancestry	2178
to maintain, upon the request of the individual, a separate	2179
account for each individual to whom credit is extended;	2180

(i) Fail or refuse on the basis of race, color, religion,	2181
gender, age, sexancestry, national origin, marital status,	2182
disability, sexual orientation, gender identity, or military	2183
status, marital status, national origin, disability, or ancestry	2184
to maintain records on any account established after November 1,	2185
1976, to furnish information on the accounts to credit reporting	2186
agencies in a manner that clearly designates the contractual	2187
liability for repayment as indicated on the application for the	2188
account, and, if more than one individual is contractually liable	2189
for repayment, to maintain records and furnish information in the	2190
name of each individual. This division does not apply to	2191
individuals who are contractually liable only if the primary party	2192
defaults on the account.	2193

(2) For any credit reporting agency to do any of the	2194
following:	2195

(a) Fail or refuse on the basis of race, color, religion,	2196
gender, age, sexancestry, national origin, marital status,	2197
disability, sexual orientation, gender identity, or military	2198
status, marital status, national origin, disability, or ancestry	2199
to maintain, upon the request of the individual, a separate file	2200
on each individual about whom information is assembled or	2201
evaluated;	2202

(b) Fail or refuse on the basis of race, color, religion,	2203
gender, age, sexancestry, national origin, marital status,	2204
disability, sexual orientation, gender identity, or military	2205
status, marital status, national origin, disability, or ancestry	2206
to clearly note, maintain, and report any information furnished it	2207
under division (B)(1)(i) of this section.	2208

(C) This section does not prohibit a creditor from requesting	2209
the signature of both spouses to create a valid lien, pass clear	2210
title, or waive inchoate rights to property.	2211

(D) The rights granted by this section may be enforced by	2212
aggrieved individuals by filing a civil action in a court of	2213
common pleas within one hundred eighty days after the alleged	2214
unlawful discriminatory practice occurred. Upon application by the	2215
plaintiff and in circumstances that the court considers just, the	2216
court in which a civil action under this section is brought may	2217
appoint an attorney for the plaintiff and may authorize the	2218
commencement of a civil action upon proper showing without the	2219
payment of costs. If the court finds that an unlawful	2220
discriminatory practice prohibited by this section occurred or is	2221
about to occur, the court may grant relief that it considers	2222
appropriate, including a permanent or temporary injunction,	2223
temporary restraining order, or other order, and may award to the	2224
plaintiff compensatory and punitive damages of not less than one	2225
hundred dollars, together with attorney's fees and court costs.	2226

(E) Nothing contained in this section shall bar a creditor	2227
from reviewing an application for credit on the basis of	2228
established criteria used in the normal course of business for the	2229
determination of the credit worthiness of the individual applicant	2230
for credit, including the credit history of the applicant.	2231

Sec. 4112.04.  (A) The commission shall do all of the	2232
following:	2233

(1) Establish and maintain a principal office in the city of	2234
Columbus and any other offices within the state that it considers	2235
necessary;	2236

(2) Appoint an executive director who shall serve at the	2237
pleasure of the commission and be its principal administrative	2238
officer. The executive director shall be paid a salary fixed	2239
pursuant to Chapter 124. of the Revised Code.	2240

(3) Appoint hearing examiners and other employees and agents	2241
who it considers necessary and prescribe their duties subject to	2242
Chapter 124. of the Revised Code;	2243

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2244
the provisions of this chapter and the policies and practice of	2245
the commission in connection with this chapter;	2246

(5) Formulate policies to effectuate the purposes of this	2247
chapter and make recommendations to agencies and officers of the	2248
state or political subdivisions to effectuate the policies;	2249

(6) Receive, investigate, and pass upon written charges made	2250
under oath of unlawful discriminatory practices;	2251

(7) Make periodic surveys of the existence and effect of	2252
discrimination because of race, color, religion, sexgender, age,	2253
ancestry, national origin, familial status, disability, sexual	2254
orientation, gender identity, or military status, familial status,	2255
national origin, disability, age, or ancestry on the enjoyment of	2256
civil rights by persons within the state;	2257

(8) Report, from time to time, but not less than once a year,	2258
to the general assembly and the governor, describing in detail the	2259
investigations, proceedings, and hearings it has conducted and	2260
their outcome, the decisions it has rendered, and the other work	2261
performed by it, which report shall include a copy of any surveys	2262
prepared pursuant to division (A)(7) of this section and shall	2263
include the recommendations of the commission as to legislative or	2264
other remedial action;	2265

(9) Prepare a comprehensive educational program, in	2266
cooperation with the department of education, for the students of	2267
the primary and secondary public schools of this state and for all	2268
other residents of this state that is designed to eliminate	2269
prejudice on the basis of race, color, religion, sex, military	2270
status, familial status, national origin, disability, age, or	2271
ancestry in this state, to further good will among those groups,	2272
and to emphasize the origin of prejudice against those groupsand	2273
discrimination, itstheir harmful effects, and itstheir	2274
incompatibility with American principles of equality and fair	2275
play;	2276

(10) Receive progress reports from agencies,	2277
instrumentalities, institutions, boards, commissions, and other	2278
entities of this state or any of its political subdivisions and	2279
their agencies, instrumentalities, institutions, boards,	2280
commissions, and other entities regarding affirmative action	2281
programs for the employment of persons against whom discrimination	2282
is prohibited by this chapter, or regarding any affirmative	2283
housing accommodations programs developed to eliminate or reduce	2284
an imbalance of race, color, religion, sexgender, ancestry,	2285
national origin, familial status, disability, sexual orientation,	2286
gender identity, or military status, familial status, national	2287
origin, disability, or ancestry. All agencies, instrumentalities,	2288
institutions, boards, commissions, and other entities of this	2289
state or its political subdivisions, and all political	2290
subdivisions, that have undertaken affirmative action programs	2291
pursuant to a conciliation agreement with the commission, an	2292
executive order of the governor, any federal statute or rule, or	2293
an executive order of the president of the United States shall	2294
file progress reports with the commission annually on or before	2295
the first day of November. The commission shall analyze and	2296
evaluate the progress reports and report its findings annually to	2297
the general assembly on or before the thirtieth day of January of	2298
the year immediately following the receipt of the reports.	2299

(B) The commission may do any of the following:

2300

(1) Meet and function at any place within the state;

2301

(2) Initiate and undertake on its own motion investigations	2302
of problems of employment or housing accommodations	2303
discrimination;	2304

(3) Hold hearings, subpoena witnesses, compel their	2305
attendance, administer oaths, take the testimony of any person	2306
under oath, require the production for examination of any books	2307
and papers relating to any matter under investigation or in	2308
question before the commission, and make rules as to the issuance	2309
of subpoenas by individual commissioners.	2310

(a) In conducting a hearing or investigation, the commission	2311
shall have access at all reasonable times to premises, records,	2312
documents, individuals, and other evidence or possible sources of	2313
evidence and may examine, record, and copy the premises, records,	2314
documents, and other evidence or possible sources of evidence and	2315
take and record the testimony or statements of the individuals as	2316
reasonably necessary for the furtherance of the hearing or	2317
investigation. In investigations, the commission shall comply with	2318
the fourth amendment to the United States Constitution relating to	2319
unreasonable searches and seizures. The commission or a member of	2320
the commission may issue subpoenas to compel access to or the	2321
production of premises, records, documents, and other evidence or	2322
possible sources of evidence or the appearance of individuals, and	2323
may issue interrogatories to a respondent, to the same extent and	2324
subject to the same limitations as would apply if the subpoenas or	2325
interrogatories were issued or served in aid of a civil action in	2326
a court of common pleas.	2327

(b) Upon written application by a party to a hearing under	2328
division (B) of section 4112.05 of the Revised Code, the	2329
commission shall issue subpoenas in its name to the same extent	2330
and subject to the same limitations as subpoenas issued by the	2331
commission. Subpoenas issued at the request of a party shall show	2332
on their face the name and address of the party and shall state	2333
that they were issued at the party's request.	2334

(c) Witnesses summoned by subpoena of the commission are	2335
entitled to the witness and mileage fees provided for under	2336
section 119.094 of the Revised Code.	2337

(d) Within five days after service of a subpoena upon any	2338
person, the person may petition the commission to revoke or modify	2339
the subpoena. The commission shall grant the petition if it finds	2340
that the subpoena requires an appearance or attendance at an	2341
unreasonable time or place, that it requires production of	2342
evidence that does not relate to any matter before the commission,	2343
that it does not describe with sufficient particularity the	2344
evidence to be produced, that compliance would be unduly onerous,	2345
or for other good reason.	2346

(e) In case of contumacy or refusal to obey a subpoena, the	2347
commission or person at whose request it was issued may petition	2348
for its enforcement in the court of common pleas in the county in	2349
which the person to whom the subpoena was addressed resides, was	2350
served, or transacts business.	2351

(4) Create local or statewide advisory agencies and	2352
conciliation councils to aid in effectuating the purposes of this	2353
chapter. The commission may itself, or it may empower these	2354
agencies and councils to, do either or both of the following:	2355

(a) Study the problems of discrimination in all or specific	2356
fields of human relationships when based on race, color, religion,	2357
sexgender, age, ancestry, national origin, familial status,	2358
disability, sexual orientation, gender identity, or military	2359
status, familial status, national origin, disability, age, or	2360
ancestry;	2361

(b) Foster through community effort, or otherwise, good will	2362
among the groups and elements of the population of the state.	2363

The agencies and councils may make recommendations to the	2364
commission for the development of policies and procedures in	2365
general. They shall be composed of representative citizens who	2366
shall serve without pay, except that reimbursement for actual and	2367
necessary traveling expenses shall be made to citizens who serve	2368
on a statewide agency or council.	2369

(5) Issue any publications and the results of investigations	2370
and research that in its judgment will tend to promote good will	2371
and minimize or eliminate discrimination because of race, color,	2372
religion, sexgender, age, ancestry, national origin, familial	2373
status, disability, sexual orientation, gender identity, or	2374
military status, familial status, national origin, disability,	2375
age, or ancestry.	2376

Sec. 4112.05.  (A) The commission, as provided in this	2377
section, shall prevent any person from engaging in unlawful	2378
discriminatory practices, provided that, before instituting the	2379
formal hearing authorized by division (B) of this section, it	2380
shall attempt, by informal methods of conference, conciliation,	2381
mediation, and persuasion, to induce compliance with this chapter.	2382

(B)(1) Any person may file a charge with the commission	2383
alleging that another person has engaged or is engaging in an	2384
unlawful discriminatory practice. In the case of a charge alleging	2385
an unlawful discriminatory practice described in division (A),	2386
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	2387
section 4112.021 or 4112.022 of the Revised Code, the charge shall	2388
be in writing and under oath and shall be filed with the	2389
commission within six months after the alleged unlawful	2390
discriminatory practice was committed. In the case of a charge	2391
alleging an unlawful discriminatory practice described in division	2392
(H) of section 4112.02 of the Revised Code, the charge shall be in	2393
writing and under oath and shall be filed with the commission	2394
within one year after the alleged unlawful discriminatory practice	2395
was committed.	2396

(2) Upon receiving a charge, the commission may initiate a	2397
preliminary investigation to determine whether it is probable that	2398
an unlawful discriminatory practice has been or is being engaged	2399
in. The commission also may conduct, upon its own initiative and	2400
independent of the filing of any charges, a preliminary	2401
investigation relating to any of the unlawful discriminatory	2402
practices described in division (A), (B), (C), (D), (E), (F), (I),	2403
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	2404
the Revised Code. Prior to a notification of a complainant under	2405
division (B)(4) of this section or prior to the commencement of	2406
informal methods of conference, conciliation, and persuasion under	2407
that division, the members of the commission and the officers and	2408
employees of the commission shall not make public in any manner	2409
and shall retain as confidential all information that was obtained	2410
as a result of or that otherwise pertains to a preliminary	2411
investigation other than one described in division (B)(3) of this	2412
section.	2413

(3)(a) Unless it is impracticable to do so and subject to its	2414
authority under division (B)(3)(d) of this section, the commission	2415
shall complete a preliminary investigation of a charge filed	2416
pursuant to division (B)(1) of this section that alleges an	2417
unlawful discriminatory practice described in division (H) of	2418
section 4112.02 of the Revised Code, and shall take one of the	2419
following actions, within one hundred days after the filing of the	2420
charge:	2421

(i) Notify the complainant and the respondent that it is not	2422
probable that an unlawful discriminatory practice described in	2423
division (H) of section 4112.02 of the Revised Code has been or is	2424
being engaged in and that the commission will not issue a	2425
complaint in the matter;	2426

(ii) Initiate a complaint and schedule it for informal	2427
methods of conference, conciliation, and persuasion;	2428

(iii) Initiate a complaint and refer it to the attorney	2429
general with a recommendation to seek a temporary or permanent	2430
injunction or a temporary restraining order. If this action is	2431
taken, the attorney general shall apply, as expeditiously as	2432
possible after receipt of the complaint, to the court of common	2433
pleas of the county in which the unlawful discriminatory practice	2434
allegedly occurred for the appropriate injunction or order, and	2435
the court shall hear and determine the application as	2436
expeditiously as possible.	2437

(b) If it is not practicable to comply with the requirements	2438
of division (B)(3)(a) of this section within the one-hundred-day	2439
period described in that division, the commission shall notify the	2440
complainant and the respondent in writing of the reasons for the	2441
noncompliance.	2442

(c) Prior to the issuance of a complaint under division	2443
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	2444
of the complainant and the respondent under division (B)(3)(a)(i)	2445
of this section, the members of the commission and the officers	2446
and employees of the commission shall not make public in any	2447
manner and shall retain as confidential all information that was	2448
obtained as a result of or that otherwise pertains to a	2449
preliminary investigation of a charge filed pursuant to division	2450
(B)(1) of this section that alleges an unlawful discriminatory	2451
practice described in division (H) of section 4112.05 of the	2452
Revised Code.	2453

(d) Notwithstanding the types of action described in	2454
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	2455
issuance of a complaint or the referral of a complaint to the	2456
attorney general and prior to endeavoring to eliminate an unlawful	2457
discriminatory practice described in division (H) of section	2458
4112.02 of the Revised Code by informal methods of conference,	2459
conciliation, and persuasion, the commission may seek a temporary	2460
or permanent injunction or a temporary restraining order in the	2461
court of common pleas of the county in which the unlawful	2462
discriminatory practice allegedly occurred.	2463

(4) If the commission determines after a preliminary	2464
investigation other than one described in division (B)(3) of this	2465
section that it is not probable that an unlawful discriminatory	2466
practice has been or is being engaged in, it shall notify any	2467
complainant under division (B)(1) of this section that it has so	2468
determined and that it will not issue a complaint in the matter.	2469
If the commission determines after a preliminary investigation	2470
other than the one described in division (B)(3) of this section	2471
that it is probable that an unlawful discriminatory practice has	2472
been or is being engaged in, it shall endeavor to eliminate the	2473
practice by informal methods of conference, conciliation, and	2474
persuasion.	2475

(5) Nothing said or done during informal methods of	2476
conference, conciliation, and persuasion under this section shall	2477
be disclosed by any member of the commission or its staff or be	2478
used as evidence in any subsequent hearing or other proceeding.	2479
If, after a preliminary investigation and the use of informal	2480
methods of conference, conciliation, and persuasion under this	2481
section, the commission is satisfied that any unlawful	2482
discriminatory practice will be eliminated, it may treat the	2483
charge involved as being conciliated and enter that disposition on	2484
the records of the commission. If the commission fails to effect	2485
the elimination of an unlawful discriminatory practice by informal	2486
methods of conference, conciliation, and persuasion under this	2487
section and to obtain voluntary compliance with this chapter, the	2488
commission shall issue and cause to be served upon any person,	2489
including the respondent against whom a complainant has filed a	2490
charge pursuant to division (B)(1) of this section, a complaint	2491
stating the charges involved and containing a notice of an	2492
opportunity for a hearing before the commission, a member of the	2493
commission, or a hearing examiner at a place that is stated in the	2494
notice and that is located within the county in which the alleged	2495
unlawful discriminatory practice has occurred or is occurring or	2496
in which the respondent resides or transacts business. The hearing	2497
shall be held not less than thirty days after the service of the	2498
complaint upon the complainant, the aggrieved persons other than	2499
the complainant on whose behalf the complaint is issued, and the	2500
respondent, unless the complainant, an aggrieved person, or the	2501
respondent elects to proceed under division (A)(2) of section	2502
4112.051 of the Revised Code when that division is applicable. If	2503
a complaint pertains to an alleged unlawful discriminatory	2504
practice described in division (H) of section 4112.02 of the	2505
Revised Code, the complaint shall notify the complainant, an	2506
aggrieved person, and the respondent of the right of the	2507
complainant, an aggrieved person, or the respondent to elect to	2508
proceed with the administrative hearing process under this section	2509
or to proceed under division (A)(2) of section 4112.051 of the	2510
Revised Code.	2511

(6) The attorney general shall represent the commission at	2512
any hearing held pursuant to division (B)(5) of this section and	2513
shall present the evidence in support of the complaint.	2514

(7) Any complaint issued pursuant to division (B)(5) of this	2515
section after the filing of a charge under division (B)(1) of this	2516
section shall be so issued within one year after the complainant	2517
filed the charge with respect to an alleged unlawful	2518
discriminatory practice.	2519

(C) Any complaint issued pursuant to division (B) of this	2520
section may be amended by the commission, a member of the	2521
commission, or the hearing examiner conducting a hearing under	2522
division (B) of this section, at any time prior to or during the	2523
hearing. The respondent has the right to file an answer or an	2524
amended answer to the original and amended complaints and to	2525
appear at the hearing in person, by attorney, or otherwise to	2526
examine and cross-examine witnesses.	2527

(D) The complainant shall be a party to a hearing under	2528
division (B) of this section, and any person who is an	2529
indispensable party to a complete determination or settlement of a	2530
question involved in the hearing shall be joined. Any aggrieved	2531
person who has or claims an interest in the subject of the hearing	2532
and in obtaining or preventing relief against the unlawful	2533
discriminatory practices complained of shall be permitted to	2534
appear only for the presentation of oral or written arguments, to	2535
present evidence, perform direct and cross-examination, and be	2536
represented by counsel. The commission shall adopt rules, in	2537
accordance with Chapter 119. of the Revised Code governing the	2538
authority granted under this division.	2539

(E) In any hearing under division (B) of this section, the	2540
commission, a member of the commission, or the hearing examiner	2541
shall not be bound by the Rules of Evidence but, in ascertaining	2542
the practices followed by the respondent, shall take into account	2543
all reliable, probative, and substantial statistical or other	2544
evidence produced at the hearing that may tend to prove the	2545
existence of a predetermined pattern of employment or membership,	2546
provided that nothing contained in this section shall be construed	2547
to authorize or require any person to observe the proportion that	2548
persons of any race, color, religion, sexgender, age, ancestry,	2549
national origin, familial status, disability, sexual orientation,	2550
gender identity, or military status, familial status, national	2551
origin, disability, age, or ancestry bear to the total population	2552
or in accordance with any criterion other than the individual	2553
qualifications of the applicant.	2554

(F) The testimony taken at a hearing under division (B) of	2555
this section shall be under oath and shall be reduced to writing	2556
and filed with the commission. Thereafter, in its discretion, the	2557
commission, upon the service of a notice upon the complainant and	2558
the respondent that indicates an opportunity to be present, may	2559
take further testimony or hear argument.	2560

(G)(1) If, upon all reliable, probative, and substantial	2561
evidence presented at a hearing under division (B) of this	2562
section, the commission determines that the respondent has engaged	2563
in, or is engaging in, any unlawful discriminatory practice,	2564
whether against the complainant or others, the commission shall	2565
state its findings of fact and conclusions of law and shall issue	2566
and, subject to the provisions of Chapter 119. of the Revised	2567
Code, cause to be served on the respondent an order requiring the	2568
respondent to cease and desist from the unlawful discriminatory	2569
practice, requiring the respondent to take any further affirmative	2570
or other action that will effectuate the purposes of this chapter,	2571
including, but not limited to, hiring, reinstatement, or upgrading	2572
of employees with or without back pay, or admission or restoration	2573
to union membership, and requiring the respondent to report to the	2574
commission the manner of compliance. If the commission directs	2575
payment of back pay, it shall make allowance for interim earnings.	2576
If it finds a violation of division (H) of section 4112.02 of the	2577
Revised Code, the commission additionally shall require the	2578
respondent to pay actual damages and reasonable attorney's fees,	2579
and may award to the complainant punitive damages as follows:	2580

(a) If division (G)(1)(b) or (c) of this section does not	2581
apply, punitive damages in an amount not to exceed ten thousand	2582
dollars;	2583

(b) If division (G)(1)(c) of this section does not apply and	2584
if the respondent has been determined by a final order of the	2585
commission or by a final judgment of a court to have committed one	2586
violation of division (H) of section 4112.02 of the Revised Code	2587
during the five-year period immediately preceding the date on	2588
which a complaint was issued pursuant to division (B) of this	2589
section, punitive damages in an amount not to exceed twenty-five	2590
thousand dollars;	2591

(c) If the respondent has been determined by a final order of	2592
the commission or by a final judgment of a court to have committed	2593
two or more violations of division (H) of section 4112.02 of the	2594
Revised Code during the seven-year period immediately preceding	2595
the date on which a complaint was issued pursuant to division (B)	2596
of this section, punitive damages in an amount not to exceed fifty	2597
thousand dollars.	2598

(2) Upon the submission of reports of compliance, the	2599
commission may issue a declaratory order stating that the	2600
respondent has ceased to engage in particular unlawful	2601
discriminatory practices.	2602

(H) If the commission finds that no probable cause exists for	2603
crediting charges of unlawful discriminatory practices or if, upon	2604
all the evidence presented at a hearing under division (B) of this	2605
section on a charge, the commission finds that a respondent has	2606
not engaged in any unlawful discriminatory practice against the	2607
complainant or others, it shall state its findings of fact and	2608
shall issue and cause to be served on the complainant an order	2609
dismissing the complaint as to the respondent. A copy of the order	2610
shall be delivered in all cases to the attorney general and any	2611
other public officers whom the commission considers proper.	2612

(I) Until the time period for appeal set forth in division	2613
(H) of section 4112.06 of the Revised Code expires, the	2614
commission, subject to the provisions of Chapter 119. of the	2615
Revised Code, at any time, upon reasonable notice, and in the	2616
manner it considers proper, may modify or set aside, in whole or	2617
in part, any finding or order made by it under this section.	2618

Sec. 4112.08.  This chapter shall be construed liberally for	2619
the accomplishment of its purposes, and any law inconsistent with	2620
any provision of this chapter shall not apply. Nothing contained	2621
in this chapter shall be considered to repeal any of the	2622
provisions of any law of this state relating to discrimination	2623
because of race, color, religion, sexgender, age, ancestry,	2624
national origin, familial status, disability, sexual orientation,	2625
gender identity, or military status, familial status, disability,	2626
national origin, age, or ancestry, except that any person filing a	2627
charge under division (B)(1) of section 4112.05 of the Revised	2628
Code, with respect to the unlawful discriminatory practices	2629
complained of, is barred from instituting a civil action under	2630
section 4112.14 or division (N) of section 4112.02 of the Revised	2631
Code. This chapter does not limit actions, procedures, and	2632
remedies afforded under federal law.	2633

Sec. 4117.19.  (A) Every employee organization that is	2634
certified or recognized as a representative of public employees	2635
under this chapter shall file with the state employment relations	2636
board a registration report that is signed by its president or	2637
other appropriate officer. The report shall be in a form	2638
prescribed by the board and accompanied by two copies of the	2639
employee organization's constitution and bylaws. The board shall	2640
accept a filing by a statewide, national, or international	2641
employee organization of its constitution and bylaws in lieu of a	2642
filing of the documents by each subordinate organization. The	2643
exclusive representative or other employee organization originally	2644
filing its constitution and bylaws shall report, promptly, to the	2645
board all changes or amendments to its constitution and bylaws.	2646

(B) Every employee organization shall file with the board an	2647
annual report. The report shall be in a form prescribed by the	2648
board and shall contain the following information:	2649

(1) The names and addresses of the organization, any parent	2650
organization or organizations with which it is affiliated, and all	2651
organizationwide officers;	2652

(2) The name and address of its local agent for service of	2653
process;	2654

(3) A general description of the public employees the	2655
organization represents or seeks to represent;	2656

(4) The amounts of the initiation fee and monthly dues	2657
members must pay;	2658

(5) A pledge, in a form prescribed by the board, that the	2659
organization will comply with the laws of the state and that it	2660
will accept members without regard to age, race, color, sex	2661
religion, creed, gender, age, ancestry,creed,religion, ancestry,	2662
or national origin,; disability, sexual orientation, gender	2663
identity, or military status as those terms are defined in section	2664
4112.01 of the Revised Code, military status as defined in that	2665
section,; or physical disability as provided by law:;	2666

(6) A financial report.

2667

(C) The constitution or bylaws of every employee organization	2668
shall do all of the following:	2669

(1) Require that the organization keep accurate accounts of	2670
all income and expenses, prepare an annual financial report, keep	2671
open for inspection by any member of the organization its	2672
accounts, and make loans to officers and agents only on terms and	2673
conditions available to all members;	2674

(2) Prohibit business or financial interests of its officers	2675
and agents, their spouses, minor children, parents, or otherwise,	2676
in conflict with the fiduciary obligation of such persons to the	2677
organization;	2678

(3) When specifically requested by the board, require every	2679
official who is designated as a fiscal officer of an employee	2680
organization and who is responsible for funds or other property of	2681
the organization or trust in which an organization is interested,	2682
or a subsidiary organization be bonded with the amount, scope, and	2683
form of the bond determined by the board;	2684

(4) Require periodic elections of officers by secret ballot	2685
subject to recognized safeguards concerning the equal right of all	2686
members to nominate, seek office, and vote in the elections, the	2687
right of individual members to participate in the affairs of the	2688
organization, and fair and equitable procedures in disciplinary	2689
actions.	2690

(D) The board shall prescribe rules necessary to govern the	2691
establishment and reporting of trusteeships over employee	2692
organizations. The establishment of trusteeships is permissible	2693
only if the constitution or bylaws of the organization set forth	2694
reasonable procedures.	2695

(E) The board may withhold certification of an employee	2696
organization that willfully refuses to register or file an annual	2697
report or that willfully refuses to comply with other provisions	2698
of this section. The board may revoke a certification of an	2699
employee organization for willfully failing to comply with this	2700
section. The board may enforce the prohibitions contained in this	2701
section by petitioning the court of common pleas of the county in	2702
which the violation occurs for an injunction. Persons complaining	2703
of a violation of this section shall file the complaint with the	2704
board.	2705

(F) Upon the written request to the board of any member of a	2706
certified employee organization and where the board determines the	2707
necessity for an audit, the board may require the employee	2708
organization to provide a certified audit of its financial	2709
records.	2710

(G) Any employee organization subject to the	2711
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	2712
519, 29 U.S.C.A., 401, as amended, may file copies with the board	2713
of all reports it is required to file under that act in lieu of	2714
compliance with all parts of this section other than division (A)	2715
of this section. The board shall accept a filing by a statewide,	2716
national, or international employee organization of its reports in	2717
lieu of a filing of such reports by each subordinate organization.	2718

Sec. 4735.16.  (A) Every real estate broker licensed under	2719
this chapter shall erect or maintain a sign on the business	2720
premises plainly stating that the licensee is a real estate	2721
broker. If the real estate broker maintains one or more branch	2722
offices, the real estate broker shall erect or maintain a sign at	2723
each branch office plainly stating that the licensee is a real	2724
estate broker.	2725

(B)(1) Any licensed real estate broker or salesperson who	2726
advertises to buy, sell, exchange, or lease real estate, or to	2727
engage in any act regulated by this chapter, with respect to	2728
property the licensee does not own, shall be identified in the	2729
advertisement by name and indicate the name of the brokerage with	2730
which the licensee is affiliated.	2731

(2) Any licensed real estate broker or sales person	2732
salesperson who advertises to sell, exchange, or lease real	2733
estate, or to engage in any act regulated by this chapter, with	2734
respect to property that the licensee owns, shall be identified in	2735
the advertisement by name and indicate that the property is agent	2736
owned, and if the property is listed with a real estate brokerage,	2737
the advertisement shall also indicate the name of the brokerage	2738
with which the property is listed.	2739

(3) The name of the brokerage shall be displayed in equal	2740
prominence with the name of the salesperson in the advertisement.	2741
For purposes of this section, "brokerage" means the name the real	2742
estate company or sole broker is doing business as, or if the real	2743
estate company or sole broker does not use such a name, the name	2744
of the real estate company or sole broker as licensed.	2745

(4) A real estate broker who is representing a seller under	2746
an exclusive right to sell or lease listing agreement shall not	2747
advertise such property to the public as "for sale by owner" or	2748
otherwise mislead the public to believe that the seller is not	2749
represented by a real estate broker.	2750

(5) If any real estate broker or real estate salesperson	2751
advertises in a manner other than as provided in this section or	2752
the rules adopted under this section, that advertisement is	2753
prima-facie evidence of a violation under division (A)(21) of	2754
section 4735.18 of the Revised Code.	2755

When the superintendent determines that prima-facie evidence	2756
of a violation of division (A)(21) of section 4735.18 of the	2757
Revised Code or any of the rules adopted thereunder exists, the	2758
superintendent may do either of the following:	2759

(a) Initiate disciplinary action under section 4735.051 of	2760
the Revised Code for a violation of division (A)(21) of section	2761
4735.18 of the Revised Code, in accordance with Chapter 119. of	2762
the Revised Code;	2763

(b) Personally, or by certified mail, serve a citation upon	2764
the licensee.	2765

(C)(1) Every citation served under this section shall give	2766
notice to the licensee of the alleged violation or violations	2767
charged and inform the licensee of the opportunity to request a	2768
hearing in accordance with Chapter 119. of the Revised Code. The	2769
citation also shall contain a statement of a fine of two hundred	2770
dollars per violation, not to exceed two thousand five hundred	2771
dollars per citation. All fines collected pursuant to this section	2772
shall be credited to the real estate recovery fund, created in the	2773
state treasury under section 4735.12 of the Revised Code.	2774

(2) If any licensee is cited three times within twelve	2775
consecutive months, the superintendent shall initiate disciplinary	2776
action pursuant to section 4735.051 of the Revised Code for any	2777
subsequent violation that occurs within the same twelve-month	2778
period.	2779

(3) If a licensee fails to request a hearing within thirty	2780
days of the date of service of the citation, or the licensee and	2781
the superintendent fail to reach an alternative agreement, the	2782
citation shall become final.	2783

(4) Unless otherwise indicated, the licensee named in a final	2784
citation must meet all requirements contained in the final	2785
citation within thirty days of the effective date of that	2786
citation.	2787

(5) The superintendent shall suspend automatically a	2788
licensee's license if the licensee fails to comply with division	2789
(C)(4) of this section.	2790

(D) A real estate broker or salesperson obtaining the	2791
signature of a party to a listing or other agreement involved in a	2792
real estate transaction shall furnish a copy of the listing or	2793
other agreement to the party immediately after obtaining the	2794
party's signature. Every broker's office shall prominently display	2795
in the same immediate area as licenses are displayed a statement	2796
that it is illegal to discriminate against any person because of	2797
race, color, religion, sexgender, ancestry, or national origin;	2798
or familial status as defined in section 4112.01 of the Revised	2799
Code, national origin, disability, sexual orientation, gender	2800
identity, or military status as defined in that section,	2801
disability as defined in that section,or ancestryas those terms	2802
are defined in section 4112.01 of the Revised Code, in the sale or	2803
rental of housing or residential lots, in advertising the sale or	2804
rental of housing, in the financing of housing, or in the	2805
provision of real estate brokerage services and that blockbusting	2806
also is illegal. The statement shall bear the United States	2807
department of housing and urban development equal housing logo,	2808
shall contain the information that the broker and the broker's	2809
salespersons are licensed by the division of real estate and	2810
professional licensing and that the division can assist with any	2811
consumer complaints or inquiries, and shall explain the provisions	2812
of section 4735.12 of the Revised Code. The statement shall	2813
provide the division's address and telephone number. The Ohio real	2814
estate commission shall provide by rule for the wording and size	2815
of the statement. The pamphlet required under section 4735.03 of	2816
the Revised Code shall contain the same statement that is required	2817
on the statement displayed as provided in this section and shall	2818
be made available by real estate brokers and salespersons to their	2819
clients. The commission shall provide the wording and size of the	2820
pamphlet.	2821

Sec. 4735.55.  (A) Each written agency agreement shall	2822
contain all of the following:	2823

(1) An expiration date;

2824

(2) A statement that it is illegal, pursuant to the Ohio fair	2825
housing law, division (H) of section 4112.02 of the Revised Code,	2826
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to	2827
refuse to sell, transfer, assign, rent, lease, sublease, or	2828
finance housing accommodations, refuse to negotiate for the sale	2829
or rental of housing accommodations, or otherwise deny or make	2830
unavailable housing accommodations because of race, color,	2831
religion, sexgender, ancestry, or national origin; or familial	2832
status as defined in section 4112.01 of the Revised Code,	2833
ancestry, disability, sexual orientation, gender identity, or	2834
military status as defined in that section, disability as defined	2835
in that section, or national originas those terms are defined in	2836
section 4112.01 of the Revised Code, or to so discriminate in	2837
advertising the sale or rental of housing, in the financing of	2838
housing, or in the provision of real estate brokerage services;	2839

(3) A statement defining the practice known as "blockbusting"	2840
and stating that it is illegal;	2841

(4) A copy of the United States department of housing and	2842
urban development equal housing opportunity logotype, as set forth	2843
in 24 C.F.R. 109.30, as amended.	2844

(B) Each written agency agreement shall contain a place for	2845
the licensee and the client to sign and date the agreement.	2846

(C) A licensee shall furnish a copy of any written agency	2847
agreement to a client in a timely manner after the licensee and	2848
the client have signed and dated it.	2849

Sec. 4757.07.  The counselor, social worker, and marriage and	2850
family therapist board and its professional standards committees	2851
shall not discriminate against any licensee, registrant, or	2852
applicant for a license or certificate of registration under this	2853
chapter because of the person's race, color, religion, sexgender,	2854
age, or national origin,; or disability, sexual orientation, or	2855
gender identity, as those terms are defined in section 4112.01 of	2856
the Revised Code, or age. The board or committee, as appropriate,	2857
shall afford a hearing to any person who files with the board or	2858
committee a statement alleging discrimination based on any of	2859
those reasons.	2860

Sec. 4758.16. The chemical dependency professionals board	2861
shall not discriminate against any licensee, certificate holder,	2862
or applicant for a license or certificate under this chapter	2863
because of the individual's race, color, religion, gender, age, or	2864
national origin,; or disability, sexual orientation, or gender	2865
identity, as those terms are defined in section 4112.01 of the	2866
Revised Code, or age. The board shall afford a hearing to any	2867
individual who files with the board a statement alleging	2868
discrimination based on any of those reasons.	2869

Sec. 4765.18.  The state board of emergency medical, fire,	2870
and transportation services may suspend or revoke a certificate of	2871
accreditation or a certificate of approval issued under section	2872
4765.17 of the Revised Code for any of the following reasons:	2873

(A) Violation of this chapter or any rule adopted under it;

2874

(B) Furnishing of false, misleading, or incomplete	2875
information to the board;	2876

(C) The signing of an application or the holding of a	2877
certificate of accreditation by a person who has pleaded guilty to	2878
or has been convicted of a felony, or has pleaded guilty to or	2879
been convicted of a crime involving moral turpitude;	2880

(D) The signing of an application or the holding of a	2881
certificate of accreditation by a person who is addicted to the	2882
use of any controlled substance or has been adjudicated	2883
incompetent for that purpose by a court, as provided in section	2884
5122.301 of the Revised Code;	2885

(E) Violation of any commitment made in an application for a	2886
certificate of accreditation or certificate of approval;	2887

(F) Presentation to prospective students of misleading,	2888
false, or fraudulent information relating to the emergency medical	2889
services training program or emergency medical services continuing	2890
education program, employment opportunities, or opportunities for	2891
enrollment in accredited institutions of higher education after	2892
entering or completing courses offered by the operator of a	2893
program;	2894

(G) Failure to maintain in a safe and sanitary condition	2895
premises and equipment used in conducting courses of study;	2896

(H) Failure to maintain financial resources adequate for the	2897
satisfactory conduct of courses of study or to retain a sufficient	2898
number of certified instructors;	2899

(I) Discrimination in the acceptance of students upon the	2900
basis of race, color, religion, sexgender, or national origin; or	2901
sexual orientation or gender identity as those terms are defined	2902
in section 4112.01 of the Revised Code.	2903

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	2904
pursuant to division (D) of this section, no individual who has	2905
been convicted of or pleaded guilty to a violation described in	2906
division (A)(5) of section 109.572 of the Revised Code, a	2907
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	2908
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	2909
of the Revised Code or a violation of an existing or former law or	2910
ordinance of any municipal corporation, this state, any other	2911
state, or the United States that is substantially equivalent to	2912
any of those violations, or two violations of section 4511.19 of	2913
the Revised Code during operation of the center or home shall be	2914
certified as an in-home aide or be employed in any capacity in or	2915
own or operate a child day-care center, type A family day-care	2916
home, type B family day-care home, or certified type B family	2917
day-care home.	2918

(2) Each employee of a child day-care center and type A home	2919
and every person eighteen years of age or older residing in a type	2920
A home shall sign a statement on forms prescribed by the director	2921
of job and family services attesting to the fact that the employee	2922
or resident person has not been convicted of or pleaded guilty to	2923
any offense set forth in division (A)(1) of this section and that	2924
no child has been removed from the employee's or resident person's	2925
home pursuant to section 2151.353 of the Revised Code. Each	2926
licensee of a type A home shall sign a statement on a form	2927
prescribed by the director attesting to the fact that no person	2928
who resides at the type A home and who is under the age of	2929
eighteen has been adjudicated a delinquent child for committing a	2930
violation of any section listed in division (A)(1) of this	2931
section. The statements shall be kept on file at the center or	2932
type A home.	2933

(3) Each in-home aide and every person eighteen years of age	2934
or older residing in a certified type B home shall sign a	2935
statement on forms prescribed by the director of job and family	2936
services attesting that the aide or resident person has not been	2937
convicted of or pleaded guilty to any offense set forth in	2938
division (A)(1) of this section and that no child has been removed	2939
from the aide's or resident person's home pursuant to section	2940
2151.353 of the Revised Code. Each authorized provider shall sign	2941
a statement on forms prescribed by the director attesting that the	2942
provider has not been convicted of or pleaded guilty to any	2943
offense set forth in division (A)(1) of this section and that no	2944
child has been removed from the provider's home pursuant to	2945
section 2151.353 of the Revised Code. Each authorized provider	2946
shall sign a statement on a form prescribed by the director	2947
attesting to the fact that no person who resides at the certified	2948
type B home and who is under the age of eighteen has been	2949
adjudicated a delinquent child for committing a violation of any	2950
section listed in division (A)(1) of this section. The statements	2951
shall be kept on file at the county department of job and family	2952
services.	2953

(4) Each administrator and licensee of a center or type A	2954
home shall sign a statement on a form prescribed by the director	2955
of job and family services attesting that the administrator or	2956
licensee has not been convicted of or pleaded guilty to any	2957
offense set forth in division (A)(1) of this section and that no	2958
child has been removed from the administrator's or licensee's home	2959
pursuant to section 2151.353 of the Revised Code. The statement	2960
shall be kept on file at the center or type A home.	2961

(B) No in-home aide, no administrator, licensee, authorized	2962
provider, or employee of a center, type A home, or certified type	2963
B home, and no person eighteen years of age or older residing in a	2964
type A home or certified type B home shall withhold information	2965
from, or falsify information on, any statement required pursuant	2966
to division (A)(2), (3), or (4) of this section.	2967

(C) No administrator, licensee, or child-care staff member	2968
shall discriminate in the enrollment of children in a child	2969
day-care center upon the basis of race, color, religion, sex	2970
gender, or national origin; or sexual orientation or gender	2971
identity as those terms are defined in section 4112.01 of the	2972
Revised Code.	2973

(D) The director of job and family services shall adopt rules	2974
pursuant to Chapter 119. of the Revised Code to implement this	2975
section, including rules specifying exceptions to the prohibition	2976
in division (A) of this section for persons who have been	2977
convicted of an offense listed in that division but meet	2978
rehabilitation standards set by the director.	2979

Sec. 5107.26.  (A) As used in this section:

2980

(1) "Transitional child care" means publicly funded child	2981
care provided under division (A)(3) of section 5104.34 of the	2982
Revised Code.	2983

(2) "Transitional medicaid" means the medical assistance	2984
provided under section 5111.0115 of the Revised Code.	2985

(B) Except as provided in division (C) of this section, each	2986
member of an assistance group participating in Ohio works first is	2987
ineligible to participate in the program for six payment months if	2988
a county department of job and family services determines that a	2989
member of the assistance group terminated the member's employment	2990
and each person who, on the day prior to the day a recipient	2991
begins to receive transitional child care or transitional	2992
medicaid, was a member of the recipient's assistance group is	2993
ineligible to participate in Ohio works first for six payment	2994
months if a county department determines that the recipient	2995
terminated the recipient's employment.	2996

(C) No assistance group member shall lose or be denied	2997
eligibility to participate in Ohio works first pursuant to	2998
division (B) of this section if the termination of employment was	2999
because an assistance group member or recipient of transitional	3000
child care or transitional medicaid secured comparable or better	3001
employment or the county department of job and family services	3002
certifies that the member or recipient terminated the employment	3003
with just cause.	3004

Just cause includes the following:

3005

(1) Discrimination by an employer based on age, race, sex,	3006
color, handicap, religious beliefs, orgender, age, national	3007
origin, or handicap; or sexual orientation or gender identity as	3008
those terms are defined in section 4112.01 of the Revised Code;	3009

(2) Work demands or conditions that render continued	3010
employment unreasonable, such as working without being paid on	3011
schedule;	3012

(3) Employment that has become unsuitable due to any of the	3013
following:	3014

(a) The wage is less than the federal minimum wage;

3015

(b) The work is at a site subject to a strike or lockout,	3016
unless the strike has been enjoined under section 208 of the	3017
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	3018
178, as amended, an injunction has been issued under section 10 of	3019
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	3020
amended, or an injunction has been issued under section 4117.16 of	3021
the Revised Code;	3022

(c) The documented degree of risk to the member or	3023
recipient's health and safety is unreasonable;	3024

(d) The member or recipient is physically or mentally unfit	3025
to perform the employment, as documented by medical evidence or by	3026
reliable information from other sources.	3027

(4) Documented illness of the member or recipient or of	3028
another assistance group member of the member or recipient	3029
requiring the presence of the member or recipient;	3030

(5) A documented household emergency;

3031

(6) Lack of adequate child care for children of the member or	3032
recipient who are under six years of age.	3033

Sec. 5111.31.  (A) Every provider agreement with the provider	3034
of a nursing facility or intermediate care facility for the	3035
mentally retarded shall:	3036

(1) Prohibit the provider from failing or refusing to retain	3037
as a patient any person because the person is, becomes, or may, as	3038
a patient in the facility, become a medicaid recipient. For the	3039
purposes of this division, a medicaid recipient who is a patient	3040
in a facility shall be considered a patient in the facility during	3041
any hospital stays totaling less than twenty-five days during any	3042
twelve-month period. Recipients who have been identified by the	3043
department of job and family services or its designee as requiring	3044
the level of care of an intermediate care facility for the	3045
mentally retarded shall not be subject to a maximum period of	3046
absences during which they are considered patients if prior	3047
authorization of the department for visits with relatives and	3048
friends and participation in therapeutic programs is obtained	3049
under rules adopted under section 5111.02 of the Revised Code.	3050

(2) Except as provided by division (B)(1) of this section,	3051
include any part of the facility that meets standards for	3052
certification of compliance with federal and state laws and rules	3053
for participation in the medicaid program.	3054

(3) Prohibit the provider from discriminating against any	3055
patient on the basis of race, color, sex, creed, gender, or	3056
national origin; or sexual orientation or gender identity as those	3057
terms are defined in section 4112.01 of the Revised Code.	3058

(4) Except as otherwise prohibited under section 5111.55 of	3059
the Revised Code, prohibit the provider from failing or refusing	3060
to accept a patient because the patient is, becomes, or may, as a	3061
patient in the facility, become a medicaid recipient if less than	3062
eighty per cent of the patients in the facility are medicaid	3063
recipients.	3064

(B)(1) Except as provided by division (B)(2) of this section,	3065
the following are not required to be included in a provider	3066
agreement unless otherwise required by federal law:	3067

(a) Beds added during the period beginning July 1, 1987, and	3068
ending July 1, 1993, to a nursing home licensed under Chapter	3069
3721. of the Revised Code;	3070

(b) Beds in an intermediate care facility for the mentally	3071
retarded that are designated for respite care under a medicaid	3072
waiver component operated pursuant to a waiver sought under	3073
section 5111.87 of the Revised Code.	3074

(2) If a provider chooses to include a bed specified in	3075
division (B)(1)(a) of this section in a provider agreement, the	3076
bed may not be removed from the provider agreement unless the	3077
provider withdraws the facility in which the bed is located from	3078
the medicaid program.	3079

(C) Nothing in this section shall bar a provider that is a	3080
religious organization operating a religious or denominational	3081
nursing facility or intermediate care facility for the mentally	3082
retarded from giving preference to persons of the same religion or	3083
denomination. Nothing in this section shall bar any provider from	3084
giving preference to persons with whom the provider has contracted	3085
to provide continuing care.	3086

(D) Nothing in this section shall bar the provider of a	3087
county home organized under Chapter 5155. of the Revised Code from	3088
admitting residents exclusively from the county in which the	3089
county home is located.	3090

(E) No provider of a nursing facility or intermediate care	3091
facility for the mentally retarded for which a provider agreement	3092
is in effect shall violate the provider contract obligations	3093
imposed under this section.	3094

(F) Nothing in divisions (A) and (C) of this section shall	3095
bar a provider from retaining patients who have resided in the	3096
provider's facility for not less than one year as private pay	3097
patients and who subsequently become medicaid recipients, but	3098
refusing to accept as a patient any person who is or may, as a	3099
patient in the facility, become a medicaid recipient, if all of	3100
the following apply:	3101

(1) The provider does not refuse to retain any patient who	3102
has resided in the provider's facility for not less than one year	3103
as a private pay patient because the patient becomes a medicaid	3104
recipient, except as necessary to comply with division (F)(2) of	3105
this section;	3106

(2) The number of medicaid recipients retained under this	3107
division does not at any time exceed ten per cent of all the	3108
patients in the facility;	3109

(3) On July 1, 1980, all the patients in the facility were	3110
private pay patients.	3111

Sec. 5119.623.  The director of mental health may withhold	3112
funds otherwise to be allocated to a board of alcohol, drug	3113
addiction, and mental health services under section 5119.62 of the	3114
Revised Code if the board denies available service on the basis of	3115
religion, race, color, religion, creed, sexgender, age, national	3116
origin, age,or developmental disability; or disability, sexual	3117
orientation, or gender identity, as those terms are defined in	3118
section 4112.01 of the Revised Code, or developmental disability.	3119

Sec. 5123.351.  The director of developmental disabilities,	3120
with respect to the eligibility for state reimbursement of	3121
expenses incurred by facilities and programs established and	3122
operated under Chapter 5126. of the Revised Code for persons with	3123
mental retardation or a developmental disability, shall do all of	3124
the following:	3125

(A) Make rules that may be necessary to carry out the	3126
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	3127
5123.36 of the Revised Code;	3128

(B) Define minimum standards for qualifications of personnel,	3129
professional services, and in-service training and educational	3130
leave programs;	3131

(C) Review and evaluate community programs and make	3132
recommendations for needed improvements to county boards of	3133
developmental disabilities and to program directors;	3134

(D) Withhold state reimbursement, in whole or in part, from	3135
any county or combination of counties for failure to comply with	3136
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	3137
or rules of the department of developmental disabilities;	3138

(E) Withhold state funds from an agency, corporation, or	3139
association denying or rendering service on the basis of race,	3140
color, sex, religion, gender, ancestry, or national origin,;	3141
disability, sexual orientation, or gender identity, as those terms	3142
are defined in section 4112.01 of the Revised Code,; or inability	3143
to pay;	3144

(F) Provide consultative staff service to communities to	3145
assist in ascertaining needs and in planning and establishing	3146
programs.	3147

Sec. 5126.07.  No county board of developmental disabilities	3148
or any agency, corporation, or association under contract with a	3149
county board of developmental disabilities shall discriminate in	3150
the provision of services under its authority or contract on the	3151
basis of race, color, sex, creed, gender, national origin, or	3152
disability, national origin,; sexual orientation or gender	3153
identity as those terms are defined in section 4112.01 of the	3154
Revised Code; or the inability to pay.	3155

Each county board of developmental disabilities shall provide	3156
a plan of affirmative action describing its goals and methods for	3157
the provision of equal employment opportunities for all persons	3158
under its authority and shall ensure nondiscrimination in	3159
employment under its authority or contract on the basis of race,	3160
color, sex, creed, gender, national origin, or disability, or	3161
national origin; or sexual orientation or gender identity as those	3162
terms are defined in section 4112.01 of the Revised Code.	3163

Sec. 5515.08.  (A) The department of transportation may	3164
contract to sell commercial advertising space within or on the	3165
outside surfaces of any building located within a roadside rest	3166
area under its jurisdiction in exchange for cash payment. Money	3167
the department receives under this section shall be deposited in	3168
the state treasury to the credit of the roadside rest area	3169
improvement fund, which is hereby created. The department shall	3170
use the money in the fund only to improve roadside rest areas in	3171
accordance with section 5529.06 of the Revised Code.	3172

(B) Advertising placed under this section shall comply with	3173
all of the following:	3174

(1) It shall not be libelous or obscene and shall not promote	3175
any illegal product or service.	3176

(2) It shall not promote illegal discrimination on the basis	3177
of the race, religion, age, ancestry, national origin, or	3178
handicap, age, or ancestry; or sexual orientation or gender	3179
identity as those terms are defined in section 4112.01 of the	3180
Revised Code of any person.	3181

(3) It shall not support or oppose any candidate for	3182
political office or any political cause, issue, or organization.	3183

(4) It shall comply with any controlling federal or state	3184
regulations or restrictions.	3185

(5) To the extent physically and technically practical, it	3186
shall state that the advertisement is a paid commercial	3187
advertisement and that the state does not endorse the product or	3188
service promoted by the advertisement or make any representation	3189
about the accuracy of the advertisement or the quality or	3190
performance of the product or service promoted by the	3191
advertisement.	3192

(6) It shall conform to all applicable rules adopted by the	3193
director of transportation under division (E) of this section.	3194

(C) Contracts entered into under this section shall be	3195
awarded only to the qualified bidder who submits the highest	3196
responsive bid or according to uniformly applied rate classes.	3197

(D) No person, except an advertiser alleging a breach of	3198
contract or the improper awarding of a contract, has a cause of	3199
action against the state with respect to any contract or	3200
advertising authorized by this section. Under no circumstances is	3201
the state liable for consequential or noneconomic damages with	3202
respect to any contract or advertising authorized under this	3203
section.	3204

(E) The director, in accordance with Chapter 119. of the	3205
Revised Code, shall adopt rules to implement this section. The	3206
rules shall be consistent with the policy of protecting the safety	3207
of the traveling public and consistent with the national policy	3208
governing the use and control of such roadside rest areas. The	3209
rules shall regulate the awarding of contracts and may regulate	3210
the content, display, and other aspects of the commercial	3211
advertising authorized by this section.	3212

Sec. 5709.832.  The legislative authority of a county,	3213
township, or municipal corporation that grants an exemption from	3214
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,	3215
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the	3216
Revised Code shall develop policies to ensure that the recipient	3217
of the exemption practices nondiscriminatory hiring in its	3218
operations. As used in this section, "nondiscriminatory hiring"	3219
means that no individual may be denied employment solely on the	3220
basis of race, color, religion, sexgender, ancestry, national	3221
origin, or disability, color, national origin, or ancestry; or	3222
sexual orientation or gender identity as those terms are defined	3223
in section 4112.01 of the Revised Code.	3224

Section 2.  That existing sections 9.03, 124.93, 125.111,	3225
153.59, 153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18,	3226
2927.03, 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06,	3227
3332.09, 3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021,	3228
4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07,	3229
4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351,	3230
5126.07, 5515.08, and 5709.832 of the Revised Code are hereby	3231
repealed.	3232

Section 3.  That the version of section 5104.09 of the	3233
Revised Code that is scheduled to take effect January 1, 2014, be	3234
amended to read as follows:	3235

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	3236
pursuant to division (D) of this section, no individual who has	3237
been convicted of or pleaded guilty to a violation described in	3238
division (A)(5) of section 109.572 of the Revised Code, a	3239
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	3240
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	3241
of the Revised Code or a violation of an existing or former law or	3242
ordinance of any municipal corporation, this state, any other	3243
state, or the United States that is substantially equivalent to	3244
any of those violations, or two violations of section 4511.19 of	3245
the Revised Code during operation of the center or home shall be	3246
certified as an in-home aide or be employed in any capacity in or	3247
own or operate a child day-care center, type A family day-care	3248
home, type B family day-care home, or licensed type B family	3249
day-care home.	3250

(2) Each employee of a child day-care center and type A home	3251
and every person eighteen years of age or older residing in a type	3252
A home or licensed type B home shall sign a statement on forms	3253
prescribed by the director of job and family services attesting to	3254
the fact that the employee or resident person has not been	3255
convicted of or pleaded guilty to any offense set forth in	3256
division (A)(1) of this section and that no child has been removed	3257
from the employee's or resident person's home pursuant to section	3258
2151.353 of the Revised Code. Each licensee of a type A family	3259
day-care home or type B family day-care home shall sign a	3260
statement on a form prescribed by the director attesting to the	3261
fact that no person who resides at the type A home or licensed	3262
type B home and who is under the age of eighteen has been	3263
adjudicated a delinquent child for committing a violation of any	3264
section listed in division (A)(1) of this section. The statements	3265
shall be kept on file at the center, type A home, or licensed type	3266
B home.	3267

(3) Each in-home aide shall sign a statement on forms	3268
prescribed by the director of job and family services attesting	3269
that the aide has not been convicted of or pleaded guilty to any	3270
offense set forth in division (A)(1) of this section and that no	3271
child has been removed from the aide's home pursuant to section	3272
2151.353 of the Revised Code. The statement shall be kept on file	3273
at the county department of job and family services.	3274

(4) Each administrator and licensee of a center, type A home,	3275
or licensed type B home shall sign a statement on a form	3276
prescribed by the director of job and family services attesting	3277
that the administrator or licensee has not been convicted of or	3278
pleaded guilty to any offense set forth in division (A)(1) of this	3279
section and that no child has been removed from the	3280
administrator's or licensee's home pursuant to section 2151.353 of	3281
the Revised Code. The statement shall be kept on file at the	3282
center, type A home, or licensed type B home.	3283

(B) No in-home aide, no administrator, licensee, or employee	3284
of a center, type A home, or licensed type B home, and no person	3285
eighteen years of age or older residing in a type A home or	3286
licensed type B home shall withhold information from, or falsify	3287
information on, any statement required pursuant to division	3288
(A)(2), (3), or (4) of this section.	3289

(C) No administrator, licensee, or child-care staff member	3290
shall discriminate in the enrollment of children in a child	3291
day-care center upon the basis of race, color, religion, sex	3292
gender, or national origin; or sexual orientation or gender	3293
identity as those terms are defined in section 4112.01 of the	3294
Revised Code.	3295

(D) The director of job and family services shall adopt rules	3296
in accordance with Chapter 119. of the Revised Code to implement	3297
this section, including rules specifying exceptions to the	3298
prohibition in division (A) of this section for persons who have	3299
been convicted of an offense listed in that division but meet	3300
rehabilitation standards set by the director.	3301

Section 4.  That the existing version of section 5104.09 of	3302
the Revised Code that is scheduled to take effect January 1, 2014,	3303
is hereby repealed.	3304

Section 5.  Sections 3 and 4 of this act shall take effect	3305
January 1, 2014.	3306

Section 6.  The General Assembly, applying the principle	3307
stated in division (B) of section 1.52 of the Revised Code that	3308
amendments are to be harmonized if reasonably capable of	3309
simultaneous operation, finds that the following sections,	3310
presented in this act as composites of the sections as amended by	3311
the acts as indicated, are the resulting versions of the sections	3312
in effect prior to the effective date of the sections as presented	3313
in this act:	3314

Section 4112.04 of the Revised Code as amended by Am. Sub.	3315
H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of the	3316
128th General Assembly.	3317

Section 5104.09 of the Revised Code, effective January 1,	3318
2014, as amended by Am. Sub. H.B. 487 and Am. Sub. S.B. 316 of the	3319
129th General Assembly.	3320