As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 45

Senator Tavares 

Cosponsors: Senators Brown, Smith, Kearney, Sawyer, Turner 

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A BILL

To amend sections 4112.02, 4112.05, 4112.08, 4112.14,

1

4112.15, and 4112.99 of the Revised Code to

2

prohibit employers, employment agencies, personnel

3

placement services, and labor organizations from

4

requiring an applicant or employee to provide

5

access to private electronic accounts of the

6

applicant or employee.

7

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

Section 1.  That sections 4112.02, 4112.05, 4112.08, 4112.14,	8
4112.15, and 4112.99 of the Revised Code be amended to read as	9
follows:	10

Sec. 4112.02.  It shall be an unlawful discriminatory	11
practice:	12

(A) For any employer, because of the race, color, religion,	13
sex, military status, national origin, disability, age, or	14
ancestry of any person, to discharge without just cause, to refuse	15
to hire, or otherwise to discriminate against that person with	16
respect to hire, tenure, terms, conditions, or privileges of	17
employment, or any matter directly or indirectly related to	18
employment.	19

(B) For an employment agency or personnel placement service,	20
because of race, color, religion, sex, military status, national	21
origin, disability, age, or ancestry, to do any of the following:	22

(1) Refuse or fail to accept, register, classify properly, or	23
refer for employment, or otherwise discriminate against any	24
person;	25

(2) Comply with a request from an employer for referral of	26
applicants for employment if the request directly or indirectly	27
indicates that the employer fails to comply with the provisions of	28
sections 4112.01 to 4112.07 of the Revised Code.	29

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

30

(1) Limit or classify its membership on the basis of race,	31
color, religion, sex, military status, national origin,	32
disability, age, or ancestry;	33

(2) Discriminate against, limit the employment opportunities	34
of, or otherwise adversely affect the employment status, wages,	35
hours, or employment conditions of any person as an employee	36
because of race, color, religion, sex, military status, national	37
origin, disability, age, or ancestry.	38

(D) For any employer, labor organization, or joint	39
labor-management committee controlling apprentice training	40
programs to discriminate against any person because of race,	41
color, religion, sex, military status, national origin,	42
disability, or ancestry in admission to, or employment in, any	43
program established to provide apprentice training.	44

(E) Except where based on a bona fide occupational	45
qualification certified in advance by the commission, for any	46
employer, employment agency, personnel placement service, or labor	47
organization, prior to employment or admission to membership, to	48
do any of the following:	49

(1) Elicit or attempt to elicit any information concerning	50
the race, color, religion, sex, military status, national origin,	51
disability, age, or ancestry of an applicant for employment or	52
membership;	53

(2) Make or keep a record of the race, color, religion, sex,	54
military status, national origin, disability, age, or ancestry of	55
any applicant for employment or membership;	56

(3) Use any form of application for employment, or personnel	57
or membership blank, seeking to elicit information regarding race,	58
color, religion, sex, military status, national origin,	59
disability, age, or ancestry; but an employer holding a contract	60
containing a nondiscrimination clause with the government of the	61
United States, or any department or agency of that government, may	62
require an employee or applicant for employment to furnish	63
documentary proof of United States citizenship and may retain that	64
proof in the employer's personnel records and may use photographic	65
or fingerprint identification for security purposes;	66

(4) Print or publish or cause to be printed or published any	67
notice or advertisement relating to employment or membership	68
indicating any preference, limitation, specification, or	69
discrimination, based upon race, color, religion, sex, military	70
status, national origin, disability, age, or ancestry;	71

(5) Announce or follow a policy of denying or limiting,	72
through a quota system or otherwise, employment or membership	73
opportunities of any group because of the race, color, religion,	74
sex, military status, national origin, disability, age, or	75
ancestry of that group;	76

(6) Utilize in the recruitment or hiring of persons any	77
employment agency, personnel placement service, training school or	78
center, labor organization, or any other employee-referring source	79
known to discriminate against persons because of their race,	80
color, religion, sex, military status, national origin,	81
disability, age, or ancestry.	82

(F) For any person seeking employment to publish or cause to	83
be published any advertisement that specifies or in any manner	84
indicates that person's race, color, religion, sex, military	85
status, national origin, disability, age, or ancestry, or	86
expresses a limitation or preference as to the race, color,	87
religion, sex, military status, national origin, disability, age,	88
or ancestry of any prospective employer.	89

(G) For any proprietor or any employee, keeper, or manager of	90
a place of public accommodation to deny to any person, except for	91
reasons applicable alike to all persons regardless of race, color,	92
religion, sex, military status, national origin, disability, age,	93
or ancestry, the full enjoyment of the accommodations, advantages,	94
facilities, or privileges of the place of public accommodation.	95

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

96

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	97
or finance housing accommodations, refuse to negotiate for the	98
sale or rental of housing accommodations, or otherwise deny or	99
make unavailable housing accommodations because of race, color,	100
religion, sex, military status, familial status, ancestry,	101
disability, or national origin;	102

(2) Represent to any person that housing accommodations are	103
not available for inspection, sale, or rental, when in fact they	104
are available, because of race, color, religion, sex, military	105
status, familial status, ancestry, disability, or national origin;	106

(3) Discriminate against any person in the making or	107
purchasing of loans or the provision of other financial assistance	108
for the acquisition, construction, rehabilitation, repair, or	109
maintenance of housing accommodations, or any person in the making	110
or purchasing of loans or the provision of other financial	111
assistance that is secured by residential real estate, because of	112
race, color, religion, sex, military status, familial status,	113
ancestry, disability, or national origin or because of the racial	114
composition of the neighborhood in which the housing	115
accommodations are located, provided that the person, whether an	116
individual, corporation, or association of any type, lends money	117
as one of the principal aspects or incident to the person's	118
principal business and not only as a part of the purchase price of	119
an owner-occupied residence the person is selling nor merely	120
casually or occasionally to a relative or friend;	121

(4) Discriminate against any person in the terms or	122
conditions of selling, transferring, assigning, renting, leasing,	123
or subleasing any housing accommodations or in furnishing	124
facilities, services, or privileges in connection with the	125
ownership, occupancy, or use of any housing accommodations,	126
including the sale of fire, extended coverage, or homeowners	127
insurance, because of race, color, religion, sex, military status,	128
familial status, ancestry, disability, or national origin or	129
because of the racial composition of the neighborhood in which the	130
housing accommodations are located;	131

(5) Discriminate against any person in the terms or	132
conditions of any loan of money, whether or not secured by	133
mortgage or otherwise, for the acquisition, construction,	134
rehabilitation, repair, or maintenance of housing accommodations	135
because of race, color, religion, sex, military status, familial	136
status, ancestry, disability, or national origin or because of the	137
racial composition of the neighborhood in which the housing	138
accommodations are located;	139

(6) Refuse to consider without prejudice the combined income	140
of both husband and wife for the purpose of extending mortgage	141
credit to a married couple or either member of a married couple;	142

(7) Print, publish, or circulate any statement or	143
advertisement, or make or cause to be made any statement or	144
advertisement, relating to the sale, transfer, assignment, rental,	145
lease, sublease, or acquisition of any housing accommodations, or	146
relating to the loan of money, whether or not secured by mortgage	147
or otherwise, for the acquisition, construction, rehabilitation,	148
repair, or maintenance of housing accommodations, that indicates	149
any preference, limitation, specification, or discrimination based	150
upon race, color, religion, sex, military status, familial status,	151
ancestry, disability, or national origin, or an intention to make	152
any such preference, limitation, specification, or discrimination;	153

(8) Except as otherwise provided in division (H)(8) or (17)	154
of this section, make any inquiry, elicit any information, make or	155
keep any record, or use any form of application containing	156
questions or entries concerning race, color, religion, sex,	157
military status, familial status, ancestry, disability, or	158
national origin in connection with the sale or lease of any	159
housing accommodations or the loan of any money, whether or not	160
secured by mortgage or otherwise, for the acquisition,	161
construction, rehabilitation, repair, or maintenance of housing	162
accommodations. Any person may make inquiries, and make and keep	163
records, concerning race, color, religion, sex, military status,	164
familial status, ancestry, disability, or national origin for the	165
purpose of monitoring compliance with this chapter.	166

(9) Include in any transfer, rental, or lease of housing	167
accommodations any restrictive covenant, or honor or exercise, or	168
attempt to honor or exercise, any restrictive covenant;	169

(10) Induce or solicit, or attempt to induce or solicit, a	170
housing accommodations listing, sale, or transaction by	171
representing that a change has occurred or may occur with respect	172
to the racial, religious, sexual, military status, familial	173
status, or ethnic composition of the block, neighborhood, or other	174
area in which the housing accommodations are located, or induce or	175
solicit, or attempt to induce or solicit, a housing accommodations	176
listing, sale, or transaction by representing that the presence or	177
anticipated presence of persons of any race, color, religion, sex,	178
military status, familial status, ancestry, disability, or	179
national origin, in the block, neighborhood, or other area will or	180
may have results including, but not limited to, the following:	181

(a) The lowering of property values;

182

(b) A change in the racial, religious, sexual, military	183
status, familial status, or ethnic composition of the block,	184
neighborhood, or other area;	185

(c) An increase in criminal or antisocial behavior in the	186
block, neighborhood, or other area;	187

(d) A decline in the quality of the schools serving the	188
block, neighborhood, or other area.	189

(11) Deny any person access to or membership or participation	190
in any multiple-listing service, real estate brokers'	191
organization, or other service, organization, or facility relating	192
to the business of selling or renting housing accommodations, or	193
discriminate against any person in the terms or conditions of that	194
access, membership, or participation, on account of race, color,	195
religion, sex, military status, familial status, national origin,	196
disability, or ancestry;	197

(12) Coerce, intimidate, threaten, or interfere with any	198
person in the exercise or enjoyment of, or on account of that	199
person's having exercised or enjoyed or having aided or encouraged	200
any other person in the exercise or enjoyment of, any right	201
granted or protected by division (H) of this section;	202

(13) Discourage or attempt to discourage the purchase by a	203
prospective purchaser of housing accommodations, by representing	204
that any block, neighborhood, or other area has undergone or might	205
undergo a change with respect to its religious, racial, sexual,	206
military status, familial status, or ethnic composition;	207

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	208
or finance, or otherwise deny or withhold, a burial lot from any	209
person because of the race, color, sex, military status, familial	210
status, age, ancestry, disability, or national origin of any	211
prospective owner or user of the lot;	212

(15) Discriminate in the sale or rental of, or otherwise make	213
unavailable or deny, housing accommodations to any buyer or renter	214
because of a disability of any of the following:	215

(a) The buyer or renter;

216

(b) A person residing in or intending to reside in the	217
housing accommodations after they are sold, rented, or made	218
available;	219

(c) Any individual associated with the person described in	220
division (H)(15)(b) of this section.	221

(16) Discriminate in the terms, conditions, or privileges of	222
the sale or rental of housing accommodations to any person or in	223
the provision of services or facilities to any person in	224
connection with the housing accommodations because of a disability	225
of any of the following:	226

(a) That person;

227

(b) A person residing in or intending to reside in the	228
housing accommodations after they are sold, rented, or made	229
available;	230

(c) Any individual associated with the person described in	231
division (H)(16)(b) of this section.	232

(17) Except as otherwise provided in division (H)(17) of this	233
section, make an inquiry to determine whether an applicant for the	234
sale or rental of housing accommodations, a person residing in or	235
intending to reside in the housing accommodations after they are	236
sold, rented, or made available, or any individual associated with	237
that person has a disability, or make an inquiry to determine the	238
nature or severity of a disability of the applicant or such a	239
person or individual. The following inquiries may be made of all	240
applicants for the sale or rental of housing accommodations,	241
regardless of whether they have disabilities:	242

(a) An inquiry into an applicant's ability to meet the	243
requirements of ownership or tenancy;	244

(b) An inquiry to determine whether an applicant is qualified	245
for housing accommodations available only to persons with	246
disabilities or persons with a particular type of disability;	247

(c) An inquiry to determine whether an applicant is qualified	248
for a priority available to persons with disabilities or persons	249
with a particular type of disability;	250

(d) An inquiry to determine whether an applicant currently	251
uses a controlled substance in violation of section 2925.11 of the	252
Revised Code or a substantively comparable municipal ordinance;	253

(e) An inquiry to determine whether an applicant at any time	254
has been convicted of or pleaded guilty to any offense, an element	255
of which is the illegal sale, offer to sell, cultivation,	256
manufacture, other production, shipment, transportation, delivery,	257
or other distribution of a controlled substance.	258

(18)(a) Refuse to permit, at the expense of a person with a	259
disability, reasonable modifications of existing housing	260
accommodations that are occupied or to be occupied by the person	261
with a disability, if the modifications may be necessary to afford	262
the person with a disability full enjoyment of the housing	263
accommodations. This division does not preclude a landlord of	264
housing accommodations that are rented or to be rented to a	265
disabled tenant from conditioning permission for a proposed	266
modification upon the disabled tenant's doing one or more of the	267
following:	268

(i) Providing a reasonable description of the proposed	269
modification and reasonable assurances that the proposed	270
modification will be made in a workerlike manner and that any	271
required building permits will be obtained prior to the	272
commencement of the proposed modification;	273

(ii) Agreeing to restore at the end of the tenancy the	274
interior of the housing accommodations to the condition they were	275
in prior to the proposed modification, but subject to reasonable	276
wear and tear during the period of occupancy, if it is reasonable	277
for the landlord to condition permission for the proposed	278
modification upon the agreement;	279

(iii) Paying into an interest-bearing escrow account that is	280
in the landlord's name, over a reasonable period of time, a	281
reasonable amount of money not to exceed the projected costs at	282
the end of the tenancy of the restoration of the interior of the	283
housing accommodations to the condition they were in prior to the	284
proposed modification, but subject to reasonable wear and tear	285
during the period of occupancy, if the landlord finds the account	286
reasonably necessary to ensure the availability of funds for the	287
restoration work. The interest earned in connection with an escrow	288
account described in this division shall accrue to the benefit of	289
the disabled tenant who makes payments into the account.	290

(b) A landlord shall not condition permission for a proposed	291
modification upon a disabled tenant's payment of a security	292
deposit that exceeds the customarily required security deposit of	293
all tenants of the particular housing accommodations.	294

(19) Refuse to make reasonable accommodations in rules,	295
policies, practices, or services when necessary to afford a person	296
with a disability equal opportunity to use and enjoy a dwelling	297
unit, including associated public and common use areas;	298

(20) Fail to comply with the standards and rules adopted	299
under division (A) of section 3781.111 of the Revised Code;	300

(21) Discriminate against any person in the selling,	301
brokering, or appraising of real property because of race, color,	302
religion, sex, military status, familial status, ancestry,	303
disability, or national origin;	304

(22) Fail to design and construct covered multifamily	305
dwellings for first occupancy on or after June 30, 1992, in	306
accordance with the following conditions:	307

(a) The dwellings shall have at least one building entrance	308
on an accessible route, unless it is impractical to do so because	309
of the terrain or unusual characteristics of the site.	310

(b) With respect to dwellings that have a building entrance	311
on an accessible route, all of the following apply:	312

(i) The public use areas and common use areas of the	313
dwellings shall be readily accessible to and usable by persons	314
with a disability.	315

(ii) All the doors designed to allow passage into and within	316
all premises shall be sufficiently wide to allow passage by	317
persons with a disability who are in wheelchairs.	318

(iii) All premises within covered multifamily dwelling units	319
shall contain an accessible route into and through the dwelling;	320
all light switches, electrical outlets, thermostats, and other	321
environmental controls within such units shall be in accessible	322
locations; the bathroom walls within such units shall contain	323
reinforcements to allow later installation of grab bars; and the	324
kitchens and bathrooms within such units shall be designed and	325
constructed in a manner that enables an individual in a wheelchair	326
to maneuver about such rooms.	327

For purposes of division (H)(22) of this section, "covered	328
multifamily dwellings" means buildings consisting of four or more	329
units if such buildings have one or more elevators and ground	330
floor units in other buildings consisting of four or more units.	331

(I) For any person to discriminate in any manner against any	332
other person because that person has opposed any unlawful	333
discriminatory practice defined in this section or because that	334
person has made a charge, testified, assisted, or participated in	335
any manner in any investigation, proceeding, or hearing under	336
sections 4112.01 to 4112.07 of the Revised Code.	337

(J) For any person to aid, abet, incite, compel, or coerce	338
the doing of any act declared by this section to be an unlawful	339
discriminatory practice, to obstruct or prevent any person from	340
complying with this chapter or any order issued under it, or to	341
attempt directly or indirectly to commit any act declared by this	342
section to be an unlawful discriminatory practice.	343

(K)(1) For any employer, employment agency, personnel	344
placement service, or labor organization to recklessly do any of	345
the following:	346

(a) Ask or require an applicant or employee to disclose	347
usernames or passwords associated with a private electronic	348
account of the applicant or employee;	349

(b) Ask or require an applicant or employee to provide the	350
employer, employment agency, personnel placement service, or labor	351
organization with access to a private electronic account of the	352
applicant or employee;	353

(c) Discharge, discipline, threaten to discharge or	354
discipline, or otherwise penalize an employee if the employee	355
refuses to disclose usernames or passwords associated with a	356
private electronic account of the employee, or if the employee	357
refuses to provide the employer, employment agency, personnel	358
placement service, or labor organization with access to a private	359
electronic account of the employee;	360

(d) Fail or refuse to hire an applicant for employment	361
because the applicant refuses to disclose usernames or passwords	362
associated with a private electronic account of the applicant, or	363
because the applicant refuses to provide the employer, employment	364
agency, personnel placement service, or labor organization with	365
access to a private electronic account of the employee.	366

(2) Division (K)(1) of this section shall not be construed to	367
prohibit an employer, employment agency, personnel placement	368
service, or labor organization from monitoring the electronic	369
accounts of employees or applicants on the electronic mail or	370
internet system of the employer, employment agency, personnel	371
placement service, or labor organization.	372

(3) For purposes of division (K) of this section:

373

(a) "Private electronic account" means a collection of	374
electronically stored private information regarding an individual,	375
including such collections stored on social media internet web	376
sites, in electronic mail, and on electronic devices.	377

(b) "Social media internet web site" means an internet web	378
site that allows individuals to do all of the following:	379

(i) Construct a public or semipublic profile within a bounded	380
system created by the service;	381

(ii) Create a list of other users with whom the individual	382
shares a connection within the system;	383

(iii) View and navigate the list of users with whom the	384
individual shares a connection and those lists of users made by	385
others within the system.	386

(L)(1) Nothing in division (H) of this section shall bar any	387
religious or denominational institution or organization, or any	388
nonprofit charitable or educational organization that is operated,	389
supervised, or controlled by or in connection with a religious	390
organization, from limiting the sale, rental, or occupancy of	391
housing accommodations that it owns or operates for other than a	392
commercial purpose to persons of the same religion, or from giving	393
preference in the sale, rental, or occupancy of such housing	394
accommodations to persons of the same religion, unless membership	395
in the religion is restricted on account of race, color, or	396
national origin.	397

(2) Nothing in division (H) of this section shall bar any	398
bona fide private or fraternal organization that, incidental to	399
its primary purpose, owns or operates lodgings for other than a	400
commercial purpose, from limiting the rental or occupancy of the	401
lodgings to its members or from giving preference to its members.	402

(3) Nothing in division (H) of this section limits the	403
applicability of any reasonable local, state, or federal	404
restrictions regarding the maximum number of occupants permitted	405
to occupy housing accommodations. Nothing in that division	406
prohibits the owners or managers of housing accommodations from	407
implementing reasonable occupancy standards based on the number	408
and size of sleeping areas or bedrooms and the overall size of a	409
dwelling unit, provided that the standards are not implemented to	410
circumvent the purposes of this chapter and are formulated,	411
implemented, and interpreted in a manner consistent with this	412
chapter and any applicable local, state, or federal restrictions	413
regarding the maximum number of occupants permitted to occupy	414
housing accommodations.	415

(4) Nothing in division (H) of this section requires that	416
housing accommodations be made available to an individual whose	417
tenancy would constitute a direct threat to the health or safety	418
of other individuals or whose tenancy would result in substantial	419
physical damage to the property of others.	420

(5) Nothing in division (H) of this section pertaining to	421
discrimination on the basis of familial status shall be construed	422
to apply to any of the following:	423

(a) Housing accommodations provided under any state or	424
federal program that have been determined under the "Fair Housing	425
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	426
amended, to be specifically designed and operated to assist	427
elderly persons;	428

(b) Housing accommodations intended for and solely occupied	429
by persons who are sixty-two years of age or older;	430

(c) Housing accommodations intended and operated for	431
occupancy by at least one person who is fifty-five years of age or	432
older per unit, as determined under the "Fair Housing Amendments	433
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	434

(L)(M) Nothing in divisions (A) to (E) of this section shall	435
be construed to require a person with a disability to be employed	436
or trained under circumstances that would significantly increase	437
the occupational hazards affecting either the person with a	438
disability, other employees, the general public, or the facilities	439
in which the work is to be performed, or to require the employment	440
or training of a person with a disability in a job that requires	441
the person with a disability routinely to undertake any task, the	442
performance of which is substantially and inherently impaired by	443
the person's disability.	444

(M)(N) Nothing in divisions (H)(1) to (18) of this section	445
shall be construed to require any person selling or renting	446
property to modify the property in any way or to exercise a higher	447
degree of care for a person with a disability, to relieve any	448
person with a disability of any obligation generally imposed on	449
all persons regardless of disability in a written lease, rental	450
agreement, or contract of purchase or sale, or to forbid	451
distinctions based on the inability to fulfill the terms and	452
conditions, including financial obligations, of the lease,	453
agreement, or contract.	454

(N)(O) An aggrieved individual may enforce the individual's	455
rights relative to discrimination on the basis of age as provided	456
for in this section by instituting a civil action, within one	457
hundred eighty days after the alleged unlawful discriminatory	458
practice occurred, in any court with jurisdiction for any legal or	459
equitable relief that will effectuate the individual's rights.	460

A person who files a civil action under this division is	461
barred, with respect to the practices complained of, from	462
instituting a civil action under section 4112.14 of the Revised	463
Code and from filing a charge with the commission under section	464
4112.05 of the Revised Code.	465

(O)(P) With regard to age, it shall not be an unlawful	466
discriminatory practice and it shall not constitute a violation of	467
division (A) of section 4112.14 of the Revised Code for any	468
employer, employment agency, joint labor-management committee	469
controlling apprenticeship training programs, or labor	470
organization to do any of the following:	471

(1) Establish bona fide employment qualifications reasonably	472
related to the particular business or occupation that may include	473
standards for skill, aptitude, physical capability, intelligence,	474
education, maturation, and experience;	475

(2) Observe the terms of a bona fide seniority system or any	476
bona fide employee benefit plan, including, but not limited to, a	477
retirement, pension, or insurance plan, that is not a subterfuge	478
to evade the purposes of this section. However, no such employee	479
benefit plan shall excuse the failure to hire any individual, and	480
no such seniority system or employee benefit plan shall require or	481
permit the involuntary retirement of any individual, because of	482
the individual's age except as provided for in the "Age	483
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	484
29 U.S.C.A. 623, as amended by the "Age Discrimination in	485
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	486
623, as amended.	487

(3) Retire an employee who has attained sixty-five years of	488
age who, for the two-year period immediately before retirement, is	489
employed in a bona fide executive or a high policymaking position,	490
if the employee is entitled to an immediate nonforfeitable annual	491
retirement benefit from a pension, profit-sharing, savings, or	492
deferred compensation plan, or any combination of those plans, of	493
the employer of the employee, which equals, in the aggregate, at	494
least forty-four thousand dollars, in accordance with the	495
conditions of the "Age Discrimination in Employment Act Amendment	496
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	497
Discrimination in Employment Act Amendments of 1986," 100 Stat.	498
3342, 29 U.S.C.A. 631, as amended;	499

(4) Observe the terms of any bona fide apprenticeship program	500
if the program is registered with the Ohio apprenticeship council	501
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	502
approved by the federal committee on apprenticeship of the United	503
States department of labor.	504

(P)(Q) Nothing in this chapter prohibiting age discrimination	505
and nothing in division (A) of section 4112.14 of the Revised Code	506
shall be construed to prohibit the following:	507

(1) The designation of uniform age the attainment of which is	508
necessary for public employees to receive pension or other	509
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	510
or 5505. of the Revised Code;	511

(2) The mandatory retirement of uniformed patrol officers of	512
the state highway patrol as provided in section 5505.16 of the	513
Revised Code;	514

(3) The maximum age requirements for appointment as a patrol	515
officer in the state highway patrol established by section 5503.01	516
of the Revised Code;	517

(4) The maximum age requirements established for original	518
appointment to a police department or fire department in sections	519
124.41 and 124.42 of the Revised Code;	520

(5) Any maximum age not in conflict with federal law that may	521
be established by a municipal charter, municipal ordinance, or	522
resolution of a board of township trustees for original	523
appointment as a police officer or firefighter;	524

(6) Any mandatory retirement provision not in conflict with	525
federal law of a municipal charter, municipal ordinance, or	526
resolution of a board of township trustees pertaining to police	527
officers and firefighters;	528

(7) Until January 1, 1994, the mandatory retirement of any	529
employee who has attained seventy years of age and who is serving	530
under a contract of unlimited tenure, or similar arrangement	531
providing for unlimited tenure, at an institution of higher	532
education as defined in the "Education Amendments of 1980," 94	533
Stat. 1503, 20 U.S.C.A. 1141(a).	534

(Q)(R)(1)(a) Except as provided in division (Q)(R)(1)(b) of	535
this section, for purposes of divisions (A) to (E) of this	536
section, a disability does not include any physiological disorder	537
or condition, mental or psychological disorder, or disease or	538
condition caused by an illegal use of any controlled substance by	539
an employee, applicant, or other person, if an employer,	540
employment agency, personnel placement service, labor	541
organization, or joint labor-management committee acts on the	542
basis of that illegal use.	543

(b) Division (Q)(R)(1)(a) of this section does not apply to	544
an employee, applicant, or other person who satisfies any of the	545
following:	546

(i) The employee, applicant, or other person has successfully	547
completed a supervised drug rehabilitation program and no longer	548
is engaging in the illegal use of any controlled substance, or the	549
employee, applicant, or other person otherwise successfully has	550
been rehabilitated and no longer is engaging in that illegal use.	551

(ii) The employee, applicant, or other person is	552
participating in a supervised drug rehabilitation program and no	553
longer is engaging in the illegal use of any controlled substance.	554

(iii) The employee, applicant, or other person is erroneously	555
regarded as engaging in the illegal use of any controlled	556
substance, but the employee, applicant, or other person is not	557
engaging in that illegal use.	558

(2) Divisions (A) to (E) of this section do not prohibit an	559
employer, employment agency, personnel placement service, labor	560
organization, or joint labor-management committee from doing any	561
of the following:	562

(a) Adopting or administering reasonable policies or	563
procedures, including, but not limited to, testing for the illegal	564
use of any controlled substance, that are designed to ensure that	565
an individual described in division (Q)(R)(1)(b)(i) or (ii) of	566
this section no longer is engaging in the illegal use of any	567
controlled substance;	568

(b) Prohibiting the illegal use of controlled substances and	569
the use of alcohol at the workplace by all employees;	570

(c) Requiring that employees not be under the influence of	571
alcohol or not be engaged in the illegal use of any controlled	572
substance at the workplace;	573

(d) Requiring that employees behave in conformance with the	574
requirements established under "The Drug-Free Workplace Act of	575
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	576

(e) Holding an employee who engages in the illegal use of any	577
controlled substance or who is an alcoholic to the same	578
qualification standards for employment or job performance, and the	579
same behavior, to which the employer, employment agency, personnel	580
placement service, labor organization, or joint labor-management	581
committee holds other employees, even if any unsatisfactory	582
performance or behavior is related to an employee's illegal use of	583
a controlled substance or alcoholism;	584

(f) Exercising other authority recognized in the "Americans	585
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	586
as amended, including, but not limited to, requiring employees to	587
comply with any applicable federal standards.	588

(3) For purposes of this chapter, a test to determine the	589
illegal use of any controlled substance does not include a medical	590
examination.	591

(4) Division (Q)(R) of this section does not encourage,	592
prohibit, or authorize, and shall not be construed as encouraging,	593
prohibiting, or authorizing, the conduct of testing for the	594
illegal use of any controlled substance by employees, applicants,	595
or other persons, or the making of employment decisions based on	596
the results of that type of testing.	597

Sec. 4112.05.  (A) The commission, as provided in this	598
section, shall prevent any person from engaging in unlawful	599
discriminatory practices, provided that, before instituting the	600
formal hearing authorized by division (B) of this section, it	601
shall attempt, by informal methods of conference, conciliation,	602
and persuasion, to induce compliance with this chapter.	603

(B)(1) Any person may file a charge with the commission	604
alleging that another person has engaged or is engaging in an	605
unlawful discriminatory practice. In the case of a charge alleging	606
an unlawful discriminatory practice described in division (A),	607
(B), (C), (D), (E), (F), (G), (I), or (J), or (K) of section	608
4112.02 or in section 4112.021 or 4112.022 of the Revised Code,	609
the charge shall be in writing and under oath and shall be filed	610
with the commission within six months after the alleged unlawful	611
discriminatory practice was committed. In the case of a charge	612
alleging an unlawful discriminatory practice described in division	613
(H) of section 4112.02 of the Revised Code, the charge shall be in	614
writing and under oath and shall be filed with the commission	615
within one year after the alleged unlawful discriminatory practice	616
was committed.	617

(2) Upon receiving a charge, the commission may initiate a	618
preliminary investigation to determine whether it is probable that	619
an unlawful discriminatory practice has been or is being engaged	620
in. The commission also may conduct, upon its own initiative and	621
independent of the filing of any charges, a preliminary	622
investigation relating to any of the unlawful discriminatory	623
practices described in division (A), (B), (C), (D), (E), (F), (I),	624
or (J), or (K) of section 4112.02 or in section 4112.021 or	625
4112.022 of the Revised Code. Prior to a notification of a	626
complainant under division (B)(4) of this section or prior to the	627
commencement of informal methods of conference, conciliation, and	628
persuasion under that division, the members of the commission and	629
the officers and employees of the commission shall not make public	630
in any manner and shall retain as confidential all information	631
that was obtained as a result of or that otherwise pertains to a	632
preliminary investigation other than one described in division	633
(B)(3) of this section.	634

(3)(a) Unless it is impracticable to do so and subject to its	635
authority under division (B)(3)(d) of this section, the commission	636
shall complete a preliminary investigation of a charge filed	637
pursuant to division (B)(1) of this section that alleges an	638
unlawful discriminatory practice described in division (H) of	639
section 4112.02 of the Revised Code, and shall take one of the	640
following actions, within one hundred days after the filing of the	641
charge:	642

(i) Notify the complainant and the respondent that it is not	643
probable that an unlawful discriminatory practice described in	644
division (H) of section 4112.02 of the Revised Code has been or is	645
being engaged in and that the commission will not issue a	646
complaint in the matter;	647

(ii) Initiate a complaint and schedule it for informal	648
methods of conference, conciliation, and persuasion;	649

(iii) Initiate a complaint and refer it to the attorney	650
general with a recommendation to seek a temporary or permanent	651
injunction or a temporary restraining order. If this action is	652
taken, the attorney general shall apply, as expeditiously as	653
possible after receipt of the complaint, to the court of common	654
pleas of the county in which the unlawful discriminatory practice	655
allegedly occurred for the appropriate injunction or order, and	656
the court shall hear and determine the application as	657
expeditiously as possible.	658

(b) If it is not practicable to comply with the requirements	659
of division (B)(3)(a) of this section within the one-hundred-day	660
period described in that division, the commission shall notify the	661
complainant and the respondent in writing of the reasons for the	662
noncompliance.	663

(c) Prior to the issuance of a complaint under division	664
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	665
of the complainant and the respondent under division (B)(3)(a)(i)	666
of this section, the members of the commission and the officers	667
and employees of the commission shall not make public in any	668
manner and shall retain as confidential all information that was	669
obtained as a result of or that otherwise pertains to a	670
preliminary investigation of a charge filed pursuant to division	671
(B)(1) of this section that alleges an unlawful discriminatory	672
practice described in division (H) of section 4112.05 of the	673
Revised Code.	674

(d) Notwithstanding the types of action described in	675
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	676
issuance of a complaint or the referral of a complaint to the	677
attorney general and prior to endeavoring to eliminate an unlawful	678
discriminatory practice described in division (H) of section	679
4112.02 of the Revised Code by informal methods of conference,	680
conciliation, and persuasion, the commission may seek a temporary	681
or permanent injunction or a temporary restraining order in the	682
court of common pleas of the county in which the unlawful	683
discriminatory practice allegedly occurred.	684

(4) If the commission determines after a preliminary	685
investigation other than one described in division (B)(3) of this	686
section that it is not probable that an unlawful discriminatory	687
practice has been or is being engaged in, it shall notify any	688
complainant under division (B)(1) of this section that it has so	689
determined and that it will not issue a complaint in the matter.	690
If the commission determines after a preliminary investigation	691
other than the one described in division (B)(3) of this section	692
that it is probable that an unlawful discriminatory practice has	693
been or is being engaged in, it shall endeavor to eliminate the	694
practice by informal methods of conference, conciliation, and	695
persuasion.	696

(5) Nothing said or done during informal methods of	697
conference, conciliation, and persuasion under this section shall	698
be disclosed by any member of the commission or its staff or be	699
used as evidence in any subsequent hearing or other proceeding.	700
If, after a preliminary investigation and the use of informal	701
methods of conference, conciliation, and persuasion under this	702
section, the commission is satisfied that any unlawful	703
discriminatory practice will be eliminated, it may treat the	704
charge involved as being conciliated and enter that disposition on	705
the records of the commission. If the commission fails to effect	706
the elimination of an unlawful discriminatory practice by informal	707
methods of conference, conciliation, and persuasion under this	708
section and to obtain voluntary compliance with this chapter, the	709
commission shall issue and cause to be served upon any person,	710
including the respondent against whom a complainant has filed a	711
charge pursuant to division (B)(1) of this section, a complaint	712
stating the charges involved and containing a notice of an	713
opportunity for a hearing before the commission, a member of the	714
commission, or a hearing examiner at a place that is stated in the	715
notice and that is located within the county in which the alleged	716
unlawful discriminatory practice has occurred or is occurring or	717
in which the respondent resides or transacts business. The hearing	718
shall be held not less than thirty days after the service of the	719
complaint upon the complainant, the aggrieved persons other than	720
the complainant on whose behalf the complaint is issued, and the	721
respondent, unless the complainant, an aggrieved person, or the	722
respondent elects to proceed under division (A)(2) of section	723
4112.051 of the Revised Code when that division is applicable. If	724
a complaint pertains to an alleged unlawful discriminatory	725
practice described in division (H) of section 4112.02 of the	726
Revised Code, the complaint shall notify the complainant, an	727
aggrieved person, and the respondent of the right of the	728
complainant, an aggrieved person, or the respondent to elect to	729
proceed with the administrative hearing process under this section	730
or to proceed under division (A)(2) of section 4112.051 of the	731
Revised Code.	732

(6) The attorney general shall represent the commission at	733
any hearing held pursuant to division (B)(5) of this section and	734
shall present the evidence in support of the complaint.	735

(7) Any complaint issued pursuant to division (B)(5) of this	736
section after the filing of a charge under division (B)(1) of this	737
section shall be so issued within one year after the complainant	738
filed the charge with respect to an alleged unlawful	739
discriminatory practice.	740

(C) Any complaint issued pursuant to division (B) of this	741
section may be amended by the commission, a member of the	742
commission, or the hearing examiner conducting a hearing under	743
division (B) of this section, at any time prior to or during the	744
hearing. The respondent has the right to file an answer or an	745
amended answer to the original and amended complaints and to	746
appear at the hearing in person, by attorney, or otherwise to	747
examine and cross-examine witnesses.	748

(D) The complainant shall be a party to a hearing under	749
division (B) of this section, and any person who is an	750
indispensable party to a complete determination or settlement of a	751
question involved in the hearing shall be joined. Any aggrieved	752
person who has or claims an interest in the subject of the hearing	753
and in obtaining or preventing relief against the unlawful	754
discriminatory practices complained of shall be permitted to	755
appear only for the presentation of oral or written arguments, to	756
present evidence, perform direct and cross-examination, and be	757
represented by counsel. The commission shall adopt rules, in	758
accordance with Chapter 119. of the Revised Code governing the	759
authority granted under this division.	760

(E) In any hearing under division (B) of this section, the	761
commission, a member of the commission, or the hearing examiner	762
shall not be bound by the Rules of Evidence but, in ascertaining	763
the practices followed by the respondent, shall take into account	764
all reliable, probative, and substantial statistical or other	765
evidence produced at the hearing that may tend to prove the	766
existence of a predetermined pattern of employment or membership,	767
provided that nothing contained in this section shall be construed	768
to authorize or require any person to observe the proportion that	769
persons of any race, color, religion, sex, military status,	770
familial status, national origin, disability, age, or ancestry	771
bear to the total population or in accordance with any criterion	772
other than the individual qualifications of the applicant.	773

(F) The testimony taken at a hearing under division (B) of	774
this section shall be under oath and shall be reduced to writing	775
and filed with the commission. Thereafter, in its discretion, the	776
commission, upon the service of a notice upon the complainant and	777
the respondent that indicates an opportunity to be present, may	778
take further testimony or hear argument.	779

(G)(1) If, upon all reliable, probative, and substantial	780
evidence presented at a hearing under division (B) of this	781
section, the commission determines that the respondent has engaged	782
in, or is engaging in, any unlawful discriminatory practice,	783
whether against the complainant or others, the commission shall	784
state its findings of fact and conclusions of law and shall issue	785
and, subject to the provisions of Chapter 119. of the Revised	786
Code, cause to be served on the respondent an order requiring the	787
respondent to cease and desist from the unlawful discriminatory	788
practice, requiring the respondent to take any further affirmative	789
or other action that will effectuate the purposes of this chapter,	790
including, but not limited to, hiring, reinstatement, or upgrading	791
of employees with or without back pay, or admission or restoration	792
to union membership, and requiring the respondent to report to the	793
commission the manner of compliance. If the commission directs	794
payment of back pay, it shall make allowance for interim earnings.	795
If the commission finds a violation of division (K) of section	796
4112.02 of the Revised Code, it additionally shall require the	797
respondent to pay the fine required under division (B) of section	798
4112.99 of the Revised Code. If it finds a violation of division	799
(H) of section 4112.02 of the Revised Code, the commission	800
additionally shall require the respondent to pay actual damages	801
and reasonable attorney's fees, and may award to the complainant	802
punitive damages as follows:	803

(a) If division (G)(1)(b) or (c) of this section does not	804
apply, punitive damages in an amount not to exceed ten thousand	805
dollars;	806

(b) If division (G)(1)(c) of this section does not apply and	807
if the respondent has been determined by a final order of the	808
commission or by a final judgment of a court to have committed one	809
violation of division (H) of section 4112.02 of the Revised Code	810
during the five-year period immediately preceding the date on	811
which a complaint was issued pursuant to division (B) of this	812
section, punitive damages in an amount not to exceed twenty-five	813
thousand dollars;	814

(c) If the respondent has been determined by a final order of	815
the commission or by a final judgment of a court to have committed	816
two or more violations of division (H) of section 4112.02 of the	817
Revised Code during the seven-year period immediately preceding	818
the date on which a complaint was issued pursuant to division (B)	819
of this section, punitive damages in an amount not to exceed fifty	820
thousand dollars.	821

(2) Upon the submission of reports of compliance, the	822
commission may issue a declaratory order stating that the	823
respondent has ceased to engage in particular unlawful	824
discriminatory practices.	825

(H) If the commission finds that no probable cause exists for	826
crediting charges of unlawful discriminatory practices or if, upon	827
all the evidence presented at a hearing under division (B) of this	828
section on a charge, the commission finds that a respondent has	829
not engaged in any unlawful discriminatory practice against the	830
complainant or others, it shall state its findings of fact and	831
shall issue and cause to be served on the complainant an order	832
dismissing the complaint as to the respondent. A copy of the order	833
shall be delivered in all cases to the attorney general and any	834
other public officers whom the commission considers proper.	835

(I) Until the time period for appeal set forth in division	836
(H) of section 4112.06 of the Revised Code expires, the	837
commission, subject to the provisions of Chapter 119. of the	838
Revised Code, at any time, upon reasonable notice, and in the	839
manner it considers proper, may modify or set aside, in whole or	840
in part, any finding or order made by it under this section.	841

Sec. 4112.08.  This chapter shall be construed liberally for	842
the accomplishment of its purposes, and any law inconsistent with	843
any provision of this chapter shall not apply. Nothing contained	844
in this chapter shall be considered to repeal any of the	845
provisions of any law of this state relating to discrimination	846
because of race, color, religion, sex, military status, familial	847
status, disability, national origin, age, or ancestry, except that	848
any person filing a charge under division (B)(1) of section	849
4112.05 of the Revised Code, with respect to the unlawful	850
discriminatory practices complained of, is barred from instituting	851
a civil action under section 4112.14 or division (N)(O) of section	852
4112.02 of the Revised Code.	853

Sec. 4112.14.  (A) No employer shall discriminate in any job	854
opening against any applicant or discharge without just cause any	855
employee aged forty or older who is physically able to perform the	856
duties and otherwise meets the established requirements of the job	857
and laws pertaining to the relationship between employer and	858
employee.	859

(B) Any person aged forty or older who is discriminated	860
against in any job opening or discharged without just cause by an	861
employer in violation of division (A) of this section may	862
institute a civil action against the employer in a court of	863
competent jurisdiction. If the court finds that an employer has	864
discriminated on the basis of age, the court shall order an	865
appropriate remedy which shall include reimbursement to the	866
applicant or employee for the costs, including reasonable	867
attorney's fees, of the action, or to reinstate the employee in	868
the employee's former position with compensation for lost wages	869
and any lost fringe benefits from the date of the illegal	870
discharge and to reimburse the employee for the costs, including	871
reasonable attorney's fees, of the action. The remedies available	872
under this section are coexistent with remedies available pursuant	873
to sections 4112.01 to 4112.11 of the Revised Code; except that	874
any person instituting a civil action under this section is, with	875
respect to the practices complained of, thereby barred from	876
instituting a civil action under division (N)(O) of section	877
4112.02 of the Revised Code or from filing a charge with the Ohio	878
civil rights commission under section 4112.05 of the Revised Code.	879

(C) The cause of action described in division (B) of this	880
section and any remedies available pursuant to sections 4112.01 to	881
4112.11 of the Revised Code shall not be available in the case of	882
discharges where the employee has available to the employee the	883
opportunity to arbitrate the discharge or where a discharge has	884
been arbitrated and has been found to be for just cause.	885

Sec. 4112.15.  There is hereby created in the state treasury	886
the civil rights commission general reimbursement fund, which	887
shall be used to pay operating costs of the commission. All	888
amounts received by the commission, and all amounts awarded by a	889
court to the commission, for attorney's fees, court costs, expert	890
witness fees, and other litigation expenses shall be paid into the	891
state treasury to the credit of the fund. All amounts received by	892
the commission for copies of commission documents and for other	893
goods and services furnished by the commission shall be paid into	894
the state treasury to the credit of the fund. All collected fines	895
charged under division (B) of section 4112.99 of the Revised Code	896
shall be paid into the state treasury to the credit of the fund.	897

Sec. 4112.99. (A) Whoever violates this chapter is subject	898
to a civil action for damages, injunctive relief, or any other	899
appropriate relief.	900

(B) In addition to any damages and relief that may be	901
available in division (A) of this section, whoever violates	902
division (K) of section 4112.02 of the Revised Code shall be	903
subject to a fine in the amount of up to one thousand dollars for	904
the first violation of that division, and up to two thousand	905
dollars for each subsequent violation.	906

Section 2.  That existing sections 4112.02, 4112.05, 4112.08,	907
4112.14, 4112.15, and 4112.99 of the Revised Code are hereby	908
repealed.	909