S. B. No. 92 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 92

Senators Turner, Tavares

Cosponsor: Senator Brown

A BILL

To amend sections 3314.03, 3326.11, 4111.04, 4111.05,

4111.06, 4111.07, 4111.09, 4111.11, 4111.12,

4111.13, 4111.17, 4111.99, and 4112.01 and to

amend, for the purpose of adopting a new section

number as indicated in parentheses, section

4111.17 (4112.16) of the Revised Code to enact the

"Fair and Acceptable Income Required (FAIR) Act"

and to revise the enforcement of the prohibitions

against discrimination in the payment of wages.

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

Section 1. That sections 3314.03, 3326.11, 4111.04, 4111.05,	10
4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 4111.17,	11
4111.99, and 4112.01 be amended and section 4111.17 (4112.16) of	12
the Revised Code be amended for the purpose of adopting a new	13
section number as indicated in parentheses, to read as follows:	14

Sec. 3314.03. A copy of every contract entered into under	15
this section shall be filed with the superintendent of public	16
instruction. The department of education shall make available on	17
its web site a copy of every approved, executed contract filed	18
with the superintendent under this section.	19

(A) Each contract entered into between a sponsor and the	20
governing authority of a community school shall specify the	21
following:	22

(1) That the school shall be established as either of the	23
following:	24

(a) A nonprofit corporation established under Chapter 1702.	25
of the Revised Code, if established prior to April 8, 2003;	26

(b) A public benefit corporation established under Chapter	27
1702. of the Revised Code, if established after April 8, 2003.	28

(2) The education program of the school, including the	29
school's mission, the characteristics of the students the school	30
is expected to attract, the ages and grades of students, and the	31
focus of the curriculum;	32

(3) The academic goals to be achieved and the method of	33
measurement that will be used to determine progress toward those	34
goals, which shall include the statewide achievement assessments;	35

(4) Performance standards by which the success of the school	36
will be evaluated by the sponsor;	37

(5) The admission standards of section 3314.06 of the Revised	38
Code and, if applicable, section 3314.061 of the Revised Code;	39

(6)(a) Dismissal procedures;

(b) A requirement that the governing authority adopt an	41
attendance policy that includes a procedure for automatically	42
withdrawing a student from the school if the student without a	43
legitimate excuse fails to participate in one hundred five	44
consecutive hours of the learning opportunities offered to the	45
student.	46

(7) The ways by which the school will achieve racial and	47
ethnic balance reflective of the community it serves;	48

(8) Requirements for financial audits by the auditor of	49
state. The contract shall require financial records of the school	50
to be maintained in the same manner as are financial records of	51
school districts, pursuant to rules of the auditor of state.	52
Audits shall be conducted in accordance with section 117.10 of the	53
Revised Code.	54

(9) The facilities to be used and their locations;

(10) Qualifications of teachers, including the following:

(a) A requirement that the school's classroom teachers be	57
licensed in accordance with sections 3319.22 to 3319.31 of the	58
Revised Code, except that a community school may engage	59
noncertificated persons to teach up to twelve hours per week	60
pursuant to section 3319.301 of the Revised Code;	61

(b) A requirement that each classroom teacher initially hired	62
by the school on or after July 1, 2013, and employed to provide	63
instruction in physical education hold a valid license issued	64
pursuant to section 3319.22 of the Revised Code for teaching	65
physical education.	66

(11) That the school will comply with the following	67
requirements:	68

(a) The school will provide learning opportunities to a	69
minimum of twenty-five students for a minimum of nine hundred	70
twenty hours per school year.	71

(b) The governing authority will purchase liability	72
insurance, or otherwise provide for the potential liability of the	73
school.	74

(c) The school will be nonsectarian in its programs,	75
admission policies, employment practices, and all other	76
operations, and will not be operated by a sectarian school or	77
religious institution.	78

(d) The school will comply with sections 9.90, 9.91, 109.65,	79
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	80
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	81
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	82
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	83
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	84
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,	85
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	86
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	87
3321.19, 3321.191, 3327.10, ~~4111.17~~4112.16, 4113.52, and 5705.391	88
and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123.,	89
4141., and 4167. of the Revised Code as if it were a school	90
district and will comply with section 3301.0714 of the Revised	91
Code in the manner specified in section 3314.17 of the Revised	92
Code.	93

(e) The school shall comply with Chapter 102. and section	94
2921.42 of the Revised Code.	95

(f) The school will comply with sections 3313.61, 3313.611,	96
and 3313.614 of the Revised Code, except that for students who	97
enter ninth grade for the first time before July 1, 2010, the	98
requirement in sections 3313.61 and 3313.611 of the Revised Code	99
that a person must successfully complete the curriculum in any	100
high school prior to receiving a high school diploma may be met by	101
completing the curriculum adopted by the governing authority of	102
the community school rather than the curriculum specified in Title	103
XXXIII of the Revised Code or any rules of the state board of	104
education. Beginning with students who enter ninth grade for the	105
first time on or after July 1, 2010, the requirement in sections	106
3313.61 and 3313.611 of the Revised Code that a person must	107
successfully complete the curriculum of a high school prior to	108
receiving a high school diploma shall be met by completing the	109
Ohio core curriculum prescribed in division (C) of section	110
3313.603 of the Revised Code, unless the person qualifies under	111
division (D) or (F) of that section. Each school shall comply with	112
the plan for awarding high school credit based on demonstration of	113
subject area competency, adopted by the state board of education	114
under division (J) of section 3313.603 of the Revised Code.	115

(g) The school governing authority will submit within four	116
months after the end of each school year a report of its	117
activities and progress in meeting the goals and standards of	118
divisions (A)(3) and (4) of this section and its financial status	119
to the sponsor and the parents of all students enrolled in the	120
school.	121

(h) The school, unless it is an internet- or computer-based	122
community school, will comply with section 3313.801 of the Revised	123
Code as if it were a school district.	124

(i) If the school is the recipient of moneys from a grant	125
awarded under the federal race to the top program, Division (A),	126
Title XIV, Sections 14005 and 14006 of the "American Recovery and	127
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	128
school will pay teachers based upon performance in accordance with	129
section 3317.141 and will comply with section 3319.111 of the	130
Revised Code as if it were a school district.	131

(12) Arrangements for providing health and other benefits to	132
employees;	133

(13) The length of the contract, which shall begin at the	134
beginning of an academic year. No contract shall exceed five years	135
unless such contract has been renewed pursuant to division (E) of	136
this section.	137

(14) The governing authority of the school, which shall be	138
responsible for carrying out the provisions of the contract;	139

(15) A financial plan detailing an estimated school budget	140
for each year of the period of the contract and specifying the	141
total estimated per pupil expenditure amount for each such year.	142
The plan shall specify for each year the base formula amount that	143
will be used for purposes of funding calculations under section	144
3314.08 of the Revised Code. This base formula amount for any year	145
shall not exceed the formula amount defined under section 3317.02	146
of the Revised Code. The plan may also specify for any year a	147
percentage figure to be used for reducing the per pupil amount of	148
the subsidy calculated pursuant to section 3317.029 of the Revised	149
Code the school is to receive that year under section 3314.08 of	150
the Revised Code.	151

(16) Requirements and procedures regarding the disposition of	152
employees of the school in the event the contract is terminated or	153
not renewed pursuant to section 3314.07 of the Revised Code;	154

(17) Whether the school is to be created by converting all or	155
part of an existing public school or educational service center	156
building or is to be a new start-up school, and if it is a	157
converted public school or service center building, specification	158
of any duties or responsibilities of an employer that the board of	159
education or service center governing board that operated the	160
school or building before conversion is delegating to the	161
governing authority of the community school with respect to all or	162
any specified group of employees provided the delegation is not	163
prohibited by a collective bargaining agreement applicable to such	164
employees;	165

(18) Provisions establishing procedures for resolving	166
disputes or differences of opinion between the sponsor and the	167
governing authority of the community school;	168

(19) A provision requiring the governing authority to adopt a	169
policy regarding the admission of students who reside outside the	170
district in which the school is located. That policy shall comply	171
with the admissions procedures specified in sections 3314.06 and	172
3314.061 of the Revised Code and, at the sole discretion of the	173
authority, shall do one of the following:	174

(a) Prohibit the enrollment of students who reside outside	175
the district in which the school is located;	176

(b) Permit the enrollment of students who reside in districts	177
adjacent to the district in which the school is located;	178

(c) Permit the enrollment of students who reside in any other	179
district in the state.	180

(20) A provision recognizing the authority of the department	181
of education to take over the sponsorship of the school in	182
accordance with the provisions of division (C) of section 3314.015	183
of the Revised Code;	184

(21) A provision recognizing the sponsor's authority to	185
assume the operation of a school under the conditions specified in	186
division (B) of section 3314.073 of the Revised Code;	187

(22) A provision recognizing both of the following:

188

(a) The authority of public health and safety officials to	189
inspect the facilities of the school and to order the facilities	190
closed if those officials find that the facilities are not in	191
compliance with health and safety laws and regulations;	192

(b) The authority of the department of education as the	193
community school oversight body to suspend the operation of the	194
school under section 3314.072 of the Revised Code if the	195
department has evidence of conditions or violations of law at the	196
school that pose an imminent danger to the health and safety of	197
the school's students and employees and the sponsor refuses to	198
take such action.	199

(23) A description of the learning opportunities that will be	200
offered to students including both classroom-based and	201
non-classroom-based learning opportunities that is in compliance	202
with criteria for student participation established by the	203
department under division (L)(2) of section 3314.08 of the Revised	204
Code;	205

(24) The school will comply with sections 3302.04 and	206
3302.041 of the Revised Code, except that any action required to	207
be taken by a school district pursuant to those sections shall be	208
taken by the sponsor of the school. However, the sponsor shall not	209
be required to take any action described in division (F) of	210
section 3302.04 of the Revised Code.	211

(25) Beginning in the 2006-2007 school year, the school will	212
open for operation not later than the thirtieth day of September	213
each school year, unless the mission of the school as specified	214
under division (A)(2) of this section is solely to serve dropouts.	215
In its initial year of operation, if the school fails to open by	216
the thirtieth day of September, or within one year after the	217
adoption of the contract pursuant to division (D) of section	218
3314.02 of the Revised Code if the mission of the school is solely	219
to serve dropouts, the contract shall be void.	220

(B) The community school shall also submit to the sponsor a	221
comprehensive plan for the school. The plan shall specify the	222
following:	223

(1) The process by which the governing authority of the	224
school will be selected in the future;	225

(2) The management and administration of the school;

226

(3) If the community school is a currently existing public	227
school or educational service center building, alternative	228
arrangements for current public school students who choose not to	229
attend the converted school and for teachers who choose not to	230
teach in the school or building after conversion;	231

(4) The instructional program and educational philosophy of	232
the school;	233

(5) Internal financial controls.

234

(C) A contract entered into under section 3314.02 of the	235
Revised Code between a sponsor and the governing authority of a	236
community school may provide for the community school governing	237
authority to make payments to the sponsor, which is hereby	238
authorized to receive such payments as set forth in the contract	239
between the governing authority and the sponsor. The total amount	240
of such payments for oversight and monitoring of the school shall	241
not exceed three per cent of the total amount of payments for	242
operating expenses that the school receives from the state.	243

(D) The contract shall specify the duties of the sponsor	244
which shall be in accordance with the written agreement entered	245
into with the department of education under division (B) of	246
section 3314.015 of the Revised Code and shall include the	247
following:	248

(1) Monitor the community school's compliance with all laws	249
applicable to the school and with the terms of the contract;	250

(2) Monitor and evaluate the academic and fiscal performance	251
and the organization and operation of the community school on at	252
least an annual basis;	253

(3) Report on an annual basis the results of the evaluation	254
conducted under division (D)(2) of this section to the department	255
of education and to the parents of students enrolled in the	256
community school;	257

(4) Provide technical assistance to the community school in	258
complying with laws applicable to the school and terms of the	259
contract;	260

(5) Take steps to intervene in the school's operation to	261
correct problems in the school's overall performance, declare the	262
school to be on probationary status pursuant to section 3314.073	263
of the Revised Code, suspend the operation of the school pursuant	264
to section 3314.072 of the Revised Code, or terminate the contract	265
of the school pursuant to section 3314.07 of the Revised Code as	266
determined necessary by the sponsor;	267

(6) Have in place a plan of action to be undertaken in the	268
event the community school experiences financial difficulties or	269
closes prior to the end of a school year.	270

(E) Upon the expiration of a contract entered into under this	271
section, the sponsor of a community school may, with the approval	272
of the governing authority of the school, renew that contract for	273
a period of time determined by the sponsor, but not ending earlier	274
than the end of any school year, if the sponsor finds that the	275
school's compliance with applicable laws and terms of the contract	276
and the school's progress in meeting the academic goals prescribed	277
in the contract have been satisfactory. Any contract that is	278
renewed under this division remains subject to the provisions of	279
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	280

(F) If a community school fails to open for operation within	281
one year after the contract entered into under this section is	282
adopted pursuant to division (D) of section 3314.02 of the Revised	283
Code or permanently closes prior to the expiration of the	284
contract, the contract shall be void and the school shall not	285
enter into a contract with any other sponsor. A school shall not	286
be considered permanently closed because the operations of the	287
school have been suspended pursuant to section 3314.072 of the	288
Revised Code.	289

Sec. 3326.11. Each science, technology, engineering, and	290
mathematics school established under this chapter and its	291
governing body shall comply with sections 9.90, 9.91, 109.65,	292
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	293
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	294
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	295
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	296
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	297
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	298
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	299
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	300
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	301
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	302
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	303
3321.191, 3327.10, ~~4111.17~~4112.16, 4113.52, and 5705.391 and	304
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	305
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	306
school district.	307

Sec. 4111.04. The director of commerce may:

308

(A) Investigate and ascertain the wages of persons employed	309
in any occupation in the state;	310

(B) Enter and inspect the place of business or employment of	311
any employer for the purpose of inspecting any books, registers,	312
payrolls, or other records of the employer that in any way relate	313
to the question of wages, hours, and other conditions of	314
employment of any employees, and may question the employees for	315
the purpose of ascertaining whether sections 4111.01 to ~~4111.17~~	316
4111.14 and 4112.16 of the Revised Code, and the rules adopted	317
thereunder, have been and are being obeyed. In conducting an	318
inspection of the records of an employer, the director shall make	319
every effort to coordinate the inspection with those conducted by	320
the federal agency responsible for enforcement of the "Fair Labor	321
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as	322
amended. If the federal agency has completed an audit or	323
examination of the employer's records within the sixty days prior	324
to the date the director notifies the employer of the director's	325
intent to examine the employer's records, the director shall	326
accept in lieu of the director's own inspection, a report from the	327
federal agency that the employer is in compliance with the federal	328
act, unless the director has reasonable grounds for believing that	329
the report is inaccurate or incomplete for the purposes of	330
sections 4111.01 to 4111.13 of the Revised Code, or that events	331
occurring since the audit give the director reasonable grounds for	332
believing that a violation of sections 4111.01 to 4111.13 of the	333
Revised Code has occurred.	334

(C) In the event the director is prohibited by any employer	335
from carrying out the intent of this section, the director may	336
issue subpoenas and compel attendance of witnesses and production	337
of papers, books, accounts, payrolls, documents, records, and	338
testimony relating and relevant to the director's investigation.	339

Sec. 4111.05. The director of commerce shall adopt rules in	340
accordance with Chapter 119. of the Revised Code as the director	341
considers appropriate to carry out the purposes of sections	342
4111.01 to ~~4111.17~~4111.14 of the Revised Code. The rules may be	343
amended from time to time and may include, but are not limited to,	344
rules defining and governing apprentices, their number,	345
proportion, and length of service; bonuses and special pay for	346
special or extra work; permitted deductions or charges to	347
employees for board, lodging, apparel, or other facilities or	348
services customarily furnished by employers to employees;	349
inclusion of ascertainable gratuities in wages paid; allowances	350
for unascertainable gratuities or for other special conditions or	351
circumstances which may be usual in particular employer-employee	352
relationships; and the method of computation or the period of time	353
over which wages may be averaged to determine whether the minimum	354
wage or overtime rate has been paid.	355

Sec. 4111.06. In order to prevent curtailment of	356
opportunities for employment, to avoid undue hardship, and to	357
safeguard the minimum wage rates under sections 4111.01 to ~~4111.17~~	358
4111.14 of the Revised Code, the director of commerce shall adopt	359
rules under section 4111.05 of the Revised Code, permitting	360
employment in any occupation at wages lower than the wage rates	361
applicable under sections 4111.01 to ~~4111.17~~4111.14 of the	362
Revised Code, of individuals whose earning capacity is impaired by	363
physical or mental deficiencies or injuries. The rules shall	364
provide for licenses to be issued authorizing employment at the	365
wages of specific individuals or groups of employees, or by	366
specific employers or groups of employers, pursuant to the rules.	367
The rules shall not conflict with the "Americans with Disabilities	368
Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.	369

Sec. 4111.07. The director of commerce may adopt rules under	370
section 4111.05 of the Revised Code, permitting employment of	371
apprentices at a wage rate not less than eighty-five per cent of	372
the minimum wage rate applicable under sections 4111.01 to ~~4111.17~~	373
4111.14 of the Revised Code. The rules shall provide for licenses	374
to be issued for periods not to exceed ninety days and authorizing	375
employment at the wages of specific individuals or groups of	376
employees, or by specific employers or groups of employers,	377
pursuant to the rules.	378

Sec. 4111.09. Every employer subject to sections 4111.01 to	379
~~4111.17~~4111.14 and 4112.16 of the Revised Code, or to any rules	380
issued thereunder, shall keep a summary of the sections, approved	381
by the director of commerce, and copies of any applicable rules	382
issued thereunder, or a summary of the rules, posted in a	383
conspicuous and accessible place in or about the premises wherein	384
any person subject thereto is employed. The director of commerce	385
shall make the summary described in this section available on the	386
web site of the department of commerce. The director shall update	387
this summary as necessary, but not less than annually, in order to	388
reflect changes in the minimum wage rate as required under Section	389
34a of Article II, Ohio Constitution. Employees and employers	390
shall be furnished copies of the summaries and rules by the state,	391
on request, without charge.	392

Sec. 4111.11. Any standards relating to minimum wages,	393
overtime compensation, or other working conditions in effect under	394
any other law of this state on the effective date of sections	395
4111.01 to ~~4111.17~~4111.14 of the Revised Code, which are more	396
favorable to employees than those applicable to employees under	397
sections or regulations issued hereunder, are not amended,	398
rescinded, or otherwise affected by said sections, but continue in	399
full force and effect, and may be enforced as provided by law	400
until they are specifically superseded by standards more favorable	401
to the employees by operation of or in accordance with regulations	402
issued under said sections.	403

Sec. 4111.12. Nothing in sections 4111.01 to ~~4111.17~~4111.14	404
of the Revised Code interferes with, impedes, or in any way	405
diminishes the right of employees to bargain collectively with	406
their employers through representatives of their own choosing in	407
order to establish wages or other conditions of work in excess of	408
the applicable minimum under sections 4111.01 to ~~4111.17~~4111.14	409
of the Revised Code.	410

Sec. 4111.13. (A) No employer shall hinder or delay the	411
director of commerce in the performance of the director's duties	412
in the enforcement of sections 4111.01 to ~~4111.17~~4111.14 of the	413
Revised Code, or refuse to admit the director to any place of	414
employment, or fail to make, keep, and preserve any records as	415
required under those sections, or falsify any of those records, or	416
refuse to make them accessible to the director upon demand, or	417
refuse to furnish them or any other information required for the	418
proper enforcement of those sections to the director upon demand,	419
or fail to post a summary of those sections or a copy of any	420
applicable rules as required by section 4111.09 of the Revised	421
Code. Each day of violation constitutes a separate offense.	422

(B) No employer shall discharge or in any other manner	423
discriminate against any employee because the employee has made	424
any complaint to the employee's employer, or to the director, that	425
the employee has not been paid wages in accordance with sections	426
4111.01 to ~~4111.17~~4111.14 of the Revised Code, or because the	427
employee has made any complaint or is about to cause to be	428
instituted any proceeding under or related to those sections, or	429
because the employee has testified or is about to testify in any	430
proceeding.	431

(C) No employer shall pay or agree to pay wages at a rate	432
less than the rate applicable under sections 4111.01 to ~~4111.17~~	433
4111.14 of the Revised Code. Each week or portion thereof for	434
which the employer pays any employee less than the rate applicable	435
under those sections constitutes a separate offense as to each	436
employer.	437

(D) No employer shall otherwise violate sections 4111.01 to	438
~~4111.17~~4111.14 of the Revised Code, or any rule adopted	439
thereunder. Each day of violation constitutes a separate offense.	440

Sec. 4111.99. (A) Whoever violates division (A) or (D) of	441
section 4111.13 of the Revised Code is guilty of a misdemeanor of	442
the fourth degree.	443

(B) Whoever violates division (B) or (C) of section 4111.13	444
of the Revised Code is guilty of a misdemeanor of the third	445
degree.	446

~~(C) Whoever violates section 4111.17 of the Revised Code is~~	447
~~guilty of a minor misdemeanor.~~	448

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

449

(1) "Person" includes one or more individuals, partnerships,	450
associations, organizations, corporations, legal representatives,	451
trustees, trustees in bankruptcy, receivers, and other organized	452
groups of persons. "Person" also includes, but is not limited to,	453
any owner, lessor, assignor, builder, manager, broker,	454
salesperson, appraiser, agent, employee, lending institution, and	455
the state and all political subdivisions, authorities, agencies,	456
boards, and commissions of the state.	457

(2) "Employer" includes the state, any political subdivision	458
of the state, any person employing four or more persons within the	459
state, and any person acting directly or indirectly in the	460
interest of an employer.	461

(3) "Employee" means an individual employed by any employer	462
but does not include any individual employed in the domestic	463
service of any person.	464

(4) "Labor organization" includes any organization that	465
exists, in whole or in part, for the purpose of collective	466
bargaining or of dealing with employers concerning grievances,	467
terms or conditions of employment, or other mutual aid or	468
protection in relation to employment.	469

(5) "Employment agency" includes any person regularly	470
undertaking, with or without compensation, to procure	471
opportunities to work or to procure, recruit, refer, or place	472
employees.	473

(6) "Commission" means the Ohio civil rights commission	474
created by section 4112.03 of the Revised Code.	475

(7) "Discriminate" includes segregate or separate.

476

(8) "Unlawful discriminatory practice" means any act	477
prohibited by section 4112.02, 4112.021, or 4112.022 of the	478
Revised Code.	479

(9) "Place of public accommodation" means any inn,	480
restaurant, eating house, barbershop, public conveyance by air,	481
land, or water, theater, store, other place for the sale of	482
merchandise, or any other place of public accommodation or	483
amusement of which the accommodations, advantages, facilities, or	484
privileges are available to the public.	485

(10) "Housing accommodations" includes any building or	486
structure, or portion of a building or structure, that is used or	487
occupied or is intended, arranged, or designed to be used or	488
occupied as the home residence, dwelling, dwelling unit, or	489
sleeping place of one or more individuals, groups, or families	490
whether or not living independently of each other; and any vacant	491
land offered for sale or lease. "Housing accommodations" also	492
includes any housing accommodations held or offered for sale or	493
rent by a real estate broker, salesperson, or agent, by any other	494
person pursuant to authorization of the owner, by the owner, or by	495
the owner's legal representative.	496

(11) "Restrictive covenant" means any specification limiting	497
the transfer, rental, lease, or other use of any housing	498
accommodations because of race, color, religion, sex, military	499
status, familial status, national origin, disability, or ancestry,	500
or any limitation based upon affiliation with or approval by any	501
person, directly or indirectly, employing race, color, religion,	502
sex, military status, familial status, national origin,	503
disability, or ancestry as a condition of affiliation or approval.	504

(12) "Burial lot" means any lot for the burial of deceased	505
persons within any public burial ground or cemetery, including,	506
but not limited to, cemeteries owned and operated by municipal	507
corporations, townships, or companies or associations incorporated	508
for cemetery purposes.	509

(13) "Disability" means a physical or mental impairment that	510
substantially limits one or more major life activities, including	511
the functions of caring for one's self, performing manual tasks,	512
walking, seeing, hearing, speaking, breathing, learning, and	513
working; a record of a physical or mental impairment; or being	514
regarded as having a physical or mental impairment.	515

(14) Except as otherwise provided in section 4112.021 of the	516
Revised Code, "age" means at least forty years old.	517

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

518

(a) One or more individuals who are under eighteen years of	519
age and who are domiciled with a parent or guardian having legal	520
custody of the individual or domiciled, with the written	521
permission of the parent or guardian having legal custody, with a	522
designee of the parent or guardian;	523

(b) Any person who is pregnant or in the process of securing	524
legal custody of any individual who is under eighteen years of	525
age.	526

(16)(a) Except as provided in division (A)(16)(b) of this	527
section, "physical or mental impairment" includes any of the	528
following:	529

(i) Any physiological disorder or condition, cosmetic	530
disfigurement, or anatomical loss affecting one or more of the	531
following body systems: neurological; musculoskeletal; special	532
sense organs; respiratory, including speech organs;	533
cardiovascular; reproductive; digestive; genito-urinary; hemic and	534
lymphatic; skin; and endocrine;	535

(ii) Any mental or psychological disorder, including, but not	536
limited to, mental retardation, organic brain syndrome, emotional	537
or mental illness, and specific learning disabilities;	538

(iii) Diseases and conditions, including, but not limited to,	539
orthopedic, visual, speech, and hearing impairments, cerebral	540
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	541
cancer, heart disease, diabetes, human immunodeficiency virus	542
infection, mental retardation, emotional illness, drug addiction,	543
and alcoholism.	544

(b) "Physical or mental impairment" does not include any of	545
the following:	546

(i) Homosexuality and bisexuality;

547

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	548
voyeurism, gender identity disorders not resulting from physical	549
impairments, or other sexual behavior disorders;	550

(iii) Compulsive gambling, kleptomania, or pyromania;

551

(iv) Psychoactive substance use disorders resulting from the	552
current illegal use of a controlled substance or the current use	553
of alcoholic beverages.	554

(17) "Dwelling unit" means a single unit of residence for a	555
family of one or more persons.	556

(18) "Common use areas" means rooms, spaces, or elements	557
inside or outside a building that are made available for the use	558
of residents of the building or their guests, and includes, but is	559
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	560
rooms, mail rooms, recreational areas, and passageways among and	561
between buildings.	562

(19) "Public use areas" means interior or exterior rooms or	563
spaces of a privately or publicly owned building that are made	564
available to the general public.	565

(20) "Controlled substance" has the same meaning as in	566
section 3719.01 of the Revised Code.	567

(21) "Disabled tenant" means a tenant or prospective tenant	568
who is a person with a disability.	569

(22) "Military status" means a person's status in "service in	570
the uniformed services" as defined in section 5923.05 of the	571
Revised Code.	572

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

573

(a) Any person who claims to have been injured by any	574
unlawful discriminatory practice described in division (H) of	575
section 4112.02 of the Revised Code;	576

(b) Any person who believes that the person will be injured	577
by, any unlawful discriminatory practice described in division (H)	578
of section 4112.02 of the Revised Code that is about to occur.	579

(B) For the purposes of divisions (A) to (F) of section	580
4112.02 of the Revised Code, the terms "because of sex" and "on	581
the basis of sex" include, but are not limited to, because of or	582
on the basis of pregnancy, any illness arising out of and	583
occurring during the course of a pregnancy, childbirth, or related	584
medical conditions. Women affected by pregnancy, childbirth, or	585
related medical conditions shall be treated the same for all	586
employment-related purposes, including receipt of benefits under	587
fringe benefit programs, as other persons not so affected but	588
similar in their ability or inability to work, and nothing in	589
division (B) of section ~~4111.17~~4112.16 of the Revised Code shall	590
be interpreted to permit otherwise. This division shall not be	591
construed to require an employer to pay for health insurance	592
benefits for abortion, except where the life of the mother would	593
be endangered if the fetus were carried to term or except where	594
medical complications have arisen from the abortion, provided that	595
nothing in this division precludes an employer from providing	596
abortion benefits or otherwise affects bargaining agreements in	597
regard to abortion.	598

~~Sec. 4111.17.~~ Sec. 4112.16. (A) No employer, including the state	599
and political subdivisions thereof, shall discriminate in the	600
payment of wages on the basis of race, color, religion, sex, ~~age,~~	601
national origin, orage, ancestry, sexual orientation, or gender	602
identity by paying wages to any employee at a rate less than the	603
rate at which the employer pays wages to another employee for	604
equal work on jobs the performance of which requires equal skill,	605
effort, and responsibility, and which are performed under similar	606
conditions.	607

(B) Nothing in this section prohibits an employer from paying	608
wages to one employee at a rate different from that at which the	609
employer pays another employee for the performance of equal work	610
under similar conditions on jobs requiring equal skill, effort,	611
and responsibility, when the payment is made pursuant to any of	612
the following:	613

(1) A seniority system;

614

(2) A merit system;

615

(3) A system which measures earnings by the quantity or	616
quality of production;	617

(4) A wage rate differential determined by any bona fide	618
factor ~~other than race, color, religion, sex, age, national~~	619
~~origin, or ancestry~~, such as education, training, or experience	620
that meets the criteria described in division (C) of this section.	621

(C)(1) An employer may defend a wage rate differential made	622
under division (B)(4) of this section only if the employer can	623
demonstrate all of the following:	624

(a) The difference is based on a factor substantially related	625
to the employee's position and performance, such as education,	626
training, or experience.	627

(b) The difference is not related to the employee's race,	628
color, religion, sex, national origin, age, ancestry, sexual	629
orientation, or gender identity.	630

631

(2) The defense described in division (C)(1) of this section	632
shall be rebutted if an employee making an allegation of wage	633
discrimination or the commission demonstrates both of the	634
following:	635

(a) An alternative employment practice exists that would	636
serve the same business purpose without producing the wage rate	637
differential.	638

(b) The employer has refused to adopt the alternative	639
practice.	640

(D) No employer shall reduce the wage rate of any employee in	641
order to comply with this section.	642

~~(D)~~(E) The ~~director of commerce~~commission shall carry out,	643
administer, and enforce this section. Any employee discriminated	644
against in violation of this section may sue in any court of	645
competent jurisdiction to recover two times the amount of the	646
difference between the wages actually received and the wages	647
received by a person performing equal work for the employer, from	648
the date of the commencement of the violation, and for costs,	649
including attorney fees. Notwithstanding the definitions of "tort	650
action" in sections 2315.18 to 2315.21 of the Revised Code, such	651
an action shall be considered a tort action for the purposes of	652
those sections and shall be subject to sections 2315.18 to 2315.21	653
of the Revised Code, except to the extent those sections conflict	654
with this section. The ~~director~~commission may take an assignment	655
of any such wage claim in trust for such employee and sue in the	656
employee's behalf. In any civil action under this section, two or	657
more employees of the same employer may join as co-plaintiffs in	658
one action. The ~~director~~commission may sue in one action for	659
claims assigned to the ~~director~~commission by two or more	660
employees of the same employer. No agreement to work for a	661
discriminatory wage constitutes a defense for any civil or	662
criminal action to enforce this section. No employer shall	663
discriminate against any employee because such employee makes a	664
complaint or institutes, or testifies in, any proceeding under	665
this section.	666

~~(E)~~(F) Any action arising under this section shall be	667
initiated within one year after the date of violation.	668

(G)(1) No employer shall discriminate against any employee	669
because the employee makes a complaint, or institutes or testifies	670
in any proceeding, under this section.	671

(2) No employer shall discriminate against an employee for	672
inquiring about, discussing, or disclosing the wages of the	673
employee or another employee in response to a complaint or charge,	674
or in furtherance of a discrimination investigation, proceeding,	675
hearing, or action, or an investigation conducted by the employer.	676

(3) Any person discriminated against in violation of division	677
(G)(1) or (2) of this section may sue in any court of competent	678
jurisdiction to recover damages, injunctive relief, or any other	679
appropriate relief.	680

(H) In addition to any other award made under this section,	681
the court or jury may award punitive or exemplary damages in	682
accordance with section 2315.21 of the Revised Code in an amount	683
sufficient to deter future violations.	684

(I) As used in this section:

685

(1) "Sexual orientation" means heterosexuality,	686
homosexuality, or bisexuality, whether actual or perceived.	687

(2) "Gender identity" means an individual's self-perception,	688
or perception of that person by another, of the individual's	689
identity as male or female as realized through the person's	690
appearance, behavior, or physical characteristics, regardless of	691
whether such appearance, behavior, or physical characteristics are	692
in accord with or opposed to the person's physical anatomy,	693
chromosomal sex, or sex at birth.	694

Section 2. That existing sections 3314.03, 3326.11, 4111.04,	695
4111.05, 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13,	696
4111.17, 4111.99, and 4112.01 of the Revised Code are hereby	697
repealed.	698

Section 3. The General Assembly, in enacting this	699
legislation, hereby declares its intent to ensure equal pay for	700
women in Ohio and to correct the historical wage disparity that	701
has occurred between the sexes.	702

Section 4. This act shall be known as the "Fair and	703
Acceptable Income Required (FAIR) Act."	704