Sec. 1751.68. (A) Notwithstanding section 3901.71 of the | 15 |
Revised Code, and except as provided in division (D) of this | 16 |
section, each individual or group health insuring corporation | 17 |
policy, contract, or agreement providing basic health care | 18 |
services that is delivered, issued for delivery, or renewed in | 19 |
this state that provides coverage for prescription drugs shall | 20 |
provide coverage for both of the following: | 21 |
(A) For any employer, because of the race, color, religion, | 93 |
sex, military status, national origin, disability, age, or | 94 |
ancestry of any person,; because of any reproductive health | 95 |
decisions made by a person, including any decisions made by a | 96 |
person or their dependent to use a particular drug, device, or | 97 |
medical service; or because of the employer's personal beliefs | 98 |
about any drugs, devices, or services related to reproductive | 99 |
health or the insurance coverage of such drugs, services, or | 100 |
devices to discharge without just cause, to refuse to hire, or | 101 |
otherwise to discriminate against that person with respect to | 102 |
hire, tenure, terms, conditions, or privileges of employment, or | 103 |
any matter directly or indirectly related to employment. | 104 |
(2) Discriminate against, limit the employment opportunities | 119 |
of, or otherwise adversely affect the employment status, wages, | 120 |
hours, or employment conditions of any person as an employee | 121 |
because of race, color, religion, sex, military status, national | 122 |
origin, disability, age, or ancestry. | 123 |
(D) For any employer, labor organization, or joint | 124 |
labor-management committee controlling apprentice training | 125 |
programs to discriminate against any person because of race, | 126 |
color, religion, sex, military status, national origin, | 127 |
disability, or ancestry in admission to, or employment in, any | 128 |
program established to provide apprentice training. | 129 |
(3) Use any form of application for employment, or personnel | 142 |
or membership blank, seeking to elicit information regarding race, | 143 |
color, religion, sex, military status, national origin, | 144 |
disability, age, or ancestry; but an employer holding a contract | 145 |
containing a nondiscrimination clause with the government of the | 146 |
United States, or any department or agency of that government, may | 147 |
require an employee or applicant for employment to furnish | 148 |
documentary proof of United States citizenship and may retain that | 149 |
proof in the employer's personnel records and may use photographic | 150 |
or fingerprint identification for security purposes; | 151 |
(4) Print or publish or cause to be printed or published any | 152 |
notice or advertisement relating to employment or membership | 153 |
indicating any preference, limitation, specification, or | 154 |
discrimination, based upon race, color, religion, sex, military | 155 |
status, national origin, disability, age, or ancestry; | 156 |
(5) Announce or follow a policy of denying or limiting, | 157 |
through a quota system or otherwise, employment or membership | 158 |
opportunities of any group because of the race, color, religion, | 159 |
sex, military status, national origin, disability, age, or | 160 |
ancestry of that group; | 161 |
(6) Utilize in the recruitment or hiring of persons any | 162 |
employment agency, personnel placement service, training school or | 163 |
center, labor organization, or any other employee-referring source | 164 |
known to discriminate against persons because of their race, | 165 |
color, religion, sex, military status, national origin, | 166 |
disability, age, or ancestry. | 167 |
(F) For any person seeking employment to publish or cause to | 168 |
be published any advertisement that specifies or in any manner | 169 |
indicates that person's race, color, religion, sex, military | 170 |
status, national origin, disability, age, or ancestry, or | 171 |
expresses a limitation or preference as to the race, color, | 172 |
religion, sex, military status, national origin, disability, age, | 173 |
or ancestry of any prospective employer. | 174 |
(G) For any proprietor or any employee, keeper, or manager of | 175 |
a place of public accommodation to deny to any person, except for | 176 |
reasons applicable alike to all persons regardless of race, color, | 177 |
religion, sex, military status, national origin, disability, age, | 178 |
or ancestry, the full enjoyment of the accommodations, advantages, | 179 |
facilities, or privileges of the place of public accommodation. | 180 |
(1) Refuse to sell, transfer, assign, rent, lease, sublease, | 182 |
or finance housing accommodations, refuse to negotiate for the | 183 |
sale or rental of housing accommodations, or otherwise deny or | 184 |
make unavailable housing accommodations because of race, color, | 185 |
religion, sex, military status, familial status, ancestry, | 186 |
disability, or national origin; | 187 |
(2) Represent to any person that housing accommodations are | 188 |
not available for inspection, sale, or rental, when in fact they | 189 |
are available, because of race, color, religion, sex, military | 190 |
status, familial status, ancestry, disability, or national origin; | 191 |
(3) Discriminate against any person in the making or | 192 |
purchasing of loans or the provision of other financial assistance | 193 |
for the acquisition, construction, rehabilitation, repair, or | 194 |
maintenance of housing accommodations, or any person in the making | 195 |
or purchasing of loans or the provision of other financial | 196 |
assistance that is secured by residential real estate, because of | 197 |
race, color, religion, sex, military status, familial status, | 198 |
ancestry, disability, or national origin or because of the racial | 199 |
composition of the neighborhood in which the housing | 200 |
accommodations are located, provided that the person, whether an | 201 |
individual, corporation, or association of any type, lends money | 202 |
as one of the principal aspects or incident to the person's | 203 |
principal business and not only as a part of the purchase price of | 204 |
an owner-occupied residence the person is selling nor merely | 205 |
casually or occasionally to a relative or friend; | 206 |
(4) Discriminate against any person in the terms or | 207 |
conditions of selling, transferring, assigning, renting, leasing, | 208 |
or subleasing any housing accommodations or in furnishing | 209 |
facilities, services, or privileges in connection with the | 210 |
ownership, occupancy, or use of any housing accommodations, | 211 |
including the sale of fire, extended coverage, or homeowners | 212 |
insurance, because of race, color, religion, sex, military status, | 213 |
familial status, ancestry, disability, or national origin or | 214 |
because of the racial composition of the neighborhood in which the | 215 |
housing accommodations are located; | 216 |
(5) Discriminate against any person in the terms or | 217 |
conditions of any loan of money, whether or not secured by | 218 |
mortgage or otherwise, for the acquisition, construction, | 219 |
rehabilitation, repair, or maintenance of housing accommodations | 220 |
because of race, color, religion, sex, military status, familial | 221 |
status, ancestry, disability, or national origin or because of the | 222 |
racial composition of the neighborhood in which the housing | 223 |
accommodations are located; | 224 |
(7) Print, publish, or circulate any statement or | 228 |
advertisement, or make or cause to be made any statement or | 229 |
advertisement, relating to the sale, transfer, assignment, rental, | 230 |
lease, sublease, or acquisition of any housing accommodations, or | 231 |
relating to the loan of money, whether or not secured by mortgage | 232 |
or otherwise, for the acquisition, construction, rehabilitation, | 233 |
repair, or maintenance of housing accommodations, that indicates | 234 |
any preference, limitation, specification, or discrimination based | 235 |
upon race, color, religion, sex, military status, familial status, | 236 |
ancestry, disability, or national origin, or an intention to make | 237 |
any such preference, limitation, specification, or discrimination; | 238 |
(8) Except as otherwise provided in division (H)(8) or (17) | 239 |
of this section, make any inquiry, elicit any information, make or | 240 |
keep any record, or use any form of application containing | 241 |
questions or entries concerning race, color, religion, sex, | 242 |
military status, familial status, ancestry, disability, or | 243 |
national origin in connection with the sale or lease of any | 244 |
housing accommodations or the loan of any money, whether or not | 245 |
secured by mortgage or otherwise, for the acquisition, | 246 |
construction, rehabilitation, repair, or maintenance of housing | 247 |
accommodations. Any person may make inquiries, and make and keep | 248 |
records, concerning race, color, religion, sex, military status, | 249 |
familial status, ancestry, disability, or national origin for the | 250 |
purpose of monitoring compliance with this chapter. | 251 |
(10) Induce or solicit, or attempt to induce or solicit, a | 255 |
housing accommodations listing, sale, or transaction by | 256 |
representing that a change has occurred or may occur with respect | 257 |
to the racial, religious, sexual, military status, familial | 258 |
status, or ethnic composition of the block, neighborhood, or other | 259 |
area in which the housing accommodations are located, or induce or | 260 |
solicit, or attempt to induce or solicit, a housing accommodations | 261 |
listing, sale, or transaction by representing that the presence or | 262 |
anticipated presence of persons of any race, color, religion, sex, | 263 |
military status, familial status, ancestry, disability, or | 264 |
national origin, in the block, neighborhood, or other area will or | 265 |
may have results including, but not limited to, the following: | 266 |
(11) Deny any person access to or membership or participation | 275 |
in any multiple-listing service, real estate brokers' | 276 |
organization, or other service, organization, or facility relating | 277 |
to the business of selling or renting housing accommodations, or | 278 |
discriminate against any person in the terms or conditions of that | 279 |
access, membership, or participation, on account of race, color, | 280 |
religion, sex, military status, familial status, national origin, | 281 |
disability, or ancestry; | 282 |
(13) Discourage or attempt to discourage the purchase by a | 288 |
prospective purchaser of housing accommodations, by representing | 289 |
that any block, neighborhood, or other area has undergone or might | 290 |
undergo a change with respect to its religious, racial, sexual, | 291 |
military status, familial status, or ethnic composition; | 292 |
(14) Refuse to sell, transfer, assign, rent, lease, sublease, | 293 |
or finance, or otherwise deny or withhold, a burial lot from any | 294 |
person because of the race, color, sex, military status, familial | 295 |
status, age, ancestry, disability, or national origin of any | 296 |
prospective owner or user of the lot; | 297 |
(17) Except as otherwise provided in division (H)(17) of this | 318 |
section, make an inquiry to determine whether an applicant for the | 319 |
sale or rental of housing accommodations, a person residing in or | 320 |
intending to reside in the housing accommodations after they are | 321 |
sold, rented, or made available, or any individual associated with | 322 |
that person has a disability, or make an inquiry to determine the | 323 |
nature or severity of a disability of the applicant or such a | 324 |
person or individual. The following inquiries may be made of all | 325 |
applicants for the sale or rental of housing accommodations, | 326 |
regardless of whether they have disabilities: | 327 |
(e) An inquiry to determine whether an applicant at any time | 339 |
has been convicted of or pleaded guilty to any offense, an element | 340 |
of which is the illegal sale, offer to sell, cultivation, | 341 |
manufacture, other production, shipment, transportation, delivery, | 342 |
or other distribution of a controlled substance. | 343 |
(18)(a) Refuse to permit, at the expense of a person with a | 344 |
disability, reasonable modifications of existing housing | 345 |
accommodations that are occupied or to be occupied by the person | 346 |
with a disability, if the modifications may be necessary to afford | 347 |
the person with a disability full enjoyment of the housing | 348 |
accommodations. This division does not preclude a landlord of | 349 |
housing accommodations that are rented or to be rented to a | 350 |
disabled tenant from conditioning permission for a proposed | 351 |
modification upon the disabled tenant's doing one or more of the | 352 |
following: | 353 |
(iii) Paying into an interest-bearing escrow account that is | 365 |
in the landlord's name, over a reasonable period of time, a | 366 |
reasonable amount of money not to exceed the projected costs at | 367 |
the end of the tenancy of the restoration of the interior of the | 368 |
housing accommodations to the condition they were in prior to the | 369 |
proposed modification, but subject to reasonable wear and tear | 370 |
during the period of occupancy, if the landlord finds the account | 371 |
reasonably necessary to ensure the availability of funds for the | 372 |
restoration work. The interest earned in connection with an escrow | 373 |
account described in this division shall accrue to the benefit of | 374 |
the disabled tenant who makes payments into the account. | 375 |
(21) Discriminate against any person in the selling, | 386 |
brokering, or appraising of real property because of race, color, | 387 |
religion, sex, military status, familial status, ancestry, | 388 |
disability, or national origin; | 389 |
(iii) All premises within covered multifamily dwelling units | 404 |
shall contain an accessible route into and through the dwelling; | 405 |
all light switches, electrical outlets, thermostats, and other | 406 |
environmental controls within such units shall be in accessible | 407 |
locations; the bathroom walls within such units shall contain | 408 |
reinforcements to allow later installation of grab bars; and the | 409 |
kitchens and bathrooms within such units shall be designed and | 410 |
constructed in a manner that enables an individual in a wheelchair | 411 |
to maneuver about such rooms. | 412 |
(I) For any person to discriminate in any manner against any | 417 |
other person because that person has opposed any unlawful | 418 |
discriminatory practice defined in this section or because that | 419 |
person has made a charge, testified, assisted, or participated in | 420 |
any manner in any investigation, proceeding, or hearing under | 421 |
sections 4112.01 to 4112.07 of the Revised Code. | 422 |
(J) For any person to aid, abet, incite, compel, or coerce | 423 |
the doing of any act declared by this section to be an unlawful | 424 |
discriminatory practice, to obstruct or prevent any person from | 425 |
complying with this chapter or any order issued under it, or to | 426 |
attempt directly or indirectly to commit any act declared by this | 427 |
section to be an unlawful discriminatory practice. | 428 |
(K)(1) Nothing in division (H) of this section shall bar any | 429 |
religious or denominational institution or organization, or any | 430 |
nonprofit charitable or educational organization that is operated, | 431 |
supervised, or controlled by or in connection with a religious | 432 |
organization, from limiting the sale, rental, or occupancy of | 433 |
housing accommodations that it owns or operates for other than a | 434 |
commercial purpose to persons of the same religion, or from giving | 435 |
preference in the sale, rental, or occupancy of such housing | 436 |
accommodations to persons of the same religion, unless membership | 437 |
in the religion is restricted on account of race, color, or | 438 |
national origin. | 439 |
(3) Nothing in division (H) of this section limits the | 445 |
applicability of any reasonable local, state, or federal | 446 |
restrictions regarding the maximum number of occupants permitted | 447 |
to occupy housing accommodations. Nothing in that division | 448 |
prohibits the owners or managers of housing accommodations from | 449 |
implementing reasonable occupancy standards based on the number | 450 |
and size of sleeping areas or bedrooms and the overall size of a | 451 |
dwelling unit, provided that the standards are not implemented to | 452 |
circumvent the purposes of this chapter and are formulated, | 453 |
implemented, and interpreted in a manner consistent with this | 454 |
chapter and any applicable local, state, or federal restrictions | 455 |
regarding the maximum number of occupants permitted to occupy | 456 |
housing accommodations. | 457 |
(L) Nothing in divisions (A) to (E) of this section shall be | 477 |
construed to require a person with a disability to be employed or | 478 |
trained under circumstances that would significantly increase the | 479 |
occupational hazards affecting either the person with a | 480 |
disability, other employees, the general public, or the facilities | 481 |
in which the work is to be performed, or to require the employment | 482 |
or training of a person with a disability in a job that requires | 483 |
the person with a disability routinely to undertake any task, the | 484 |
performance of which is substantially and inherently impaired by | 485 |
the person's disability. | 486 |
(M) Nothing in divisions (H)(1) to (18) of this section shall | 487 |
be construed to require any person selling or renting property to | 488 |
modify the property in any way or to exercise a higher degree of | 489 |
care for a person with a disability, to relieve any person with a | 490 |
disability of any obligation generally imposed on all persons | 491 |
regardless of disability in a written lease, rental agreement, or | 492 |
contract of purchase or sale, or to forbid distinctions based on | 493 |
the inability to fulfill the terms and conditions, including | 494 |
financial obligations, of the lease, agreement, or contract. | 495 |
(2) Observe the terms of a bona fide seniority system or any | 517 |
bona fide employee benefit plan, including, but not limited to, a | 518 |
retirement, pension, or insurance plan, that is not a subterfuge | 519 |
to evade the purposes of this section. However, no such employee | 520 |
benefit plan shall excuse the failure to hire any individual, and | 521 |
no such seniority system or employee benefit plan shall require or | 522 |
permit the involuntary retirement of any individual, because of | 523 |
the individual's age except as provided for in the "Age | 524 |
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 525 |
29 U.S.C.A. 623, as amended by the "Age Discrimination in | 526 |
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 527 |
623, as amended. | 528 |
(3) Retire an employee who has attained sixty-five years of | 529 |
age who, for the two-year period immediately before retirement, is | 530 |
employed in a bona fide executive or a high policymaking position, | 531 |
if the employee is entitled to an immediate nonforfeitable annual | 532 |
retirement benefit from a pension, profit-sharing, savings, or | 533 |
deferred compensation plan, or any combination of those plans, of | 534 |
the employer of the employee, which equals, in the aggregate, at | 535 |
least forty-four thousand dollars, in accordance with the | 536 |
conditions of the "Age Discrimination in Employment Act Amendment | 537 |
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 538 |
Discrimination in Employment Act Amendments of 1986," 100 Stat. | 539 |
3342, 29 U.S.C.A. 631, as amended; | 540 |
(7) Until January 1, 1994, the mandatory retirement of any | 570 |
employee who has attained seventy years of age and who is serving | 571 |
under a contract of unlimited tenure, or similar arrangement | 572 |
providing for unlimited tenure, at an institution of higher | 573 |
education as defined in the "Education Amendments of 1980," 94 | 574 |
Stat. 1503, 20 U.S.C.A. 1141(a). | 575 |
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 576 |
section, for purposes of divisions (A) to (E) of this section, a | 577 |
disability does not include any physiological disorder or | 578 |
condition, mental or psychological disorder, or disease or | 579 |
condition caused by an illegal use of any controlled substance by | 580 |
an employee, applicant, or other person, if an employer, | 581 |
employment agency, personnel placement service, labor | 582 |
organization, or joint labor-management committee acts on the | 583 |
basis of that illegal use. | 584 |
(e) Holding an employee who engages in the illegal use of any | 618 |
controlled substance or who is an alcoholic to the same | 619 |
qualification standards for employment or job performance, and the | 620 |
same behavior, to which the employer, employment agency, personnel | 621 |
placement service, labor organization, or joint labor-management | 622 |
committee holds other employees, even if any unsatisfactory | 623 |
performance or behavior is related to an employee's illegal use of | 624 |
a controlled substance or alcoholism; | 625 |
(4) Division (Q) of this section does not encourage, | 633 |
prohibit, or authorize, and shall not be construed as encouraging, | 634 |
prohibiting, or authorizing, the conduct of testing for the | 635 |
illegal use of any controlled substance by employees, applicants, | 636 |
or other persons, or the making of employment decisions based on | 637 |
the results of that type of testing. | 638 |