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H. B. No. 189 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Ujvagi, McGregor, J.
Cosponsors:
Representatives Dodd, Lundy, Brown, Skindell, Stebelton, Strahorn, Stewart, J., Yuko, Bolon, Koziura
A BILL
To amend sections 124.93, 125.111, 153.59, 153.591, 176.04, 176.06, 717.01, 1751.18, 2927.03, 3905.55, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, and 4735.55 and to enact sections 1349.04 and 4112.023 of the Revised Code to prohibit discrimination under the Ohio Civil Rights Commission Law and certain other laws on the basis of military status and to require the Attorney General to appoint a staff member of the Consumer Protection Division to expedite certain cases or issues raised by a person, or the person's immediate family, who is deployed on active duty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 124.93, 125.111, 153.59, 153.591, 176.04, 176.06, 717.01, 1751.18, 2927.03, 3905.55, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, and 4735.55 be amended and sections 1349.04 and 4112.023 of the Revised Code be enacted to read as follows:
Sec. 124.93. (A) As used in this section, "physician"
means any person who holds a valid certificate to practice
medicine and surgery or osteopathic medicine and surgery issued
under Chapter 4731. of the Revised Code.
(B) No health insuring corporation that, on or after
July 1, 1993, enters into or renews a
contract with the department of administrative services under
section 124.82 of the Revised Code, because of a
physician's race, color, religion, sex, national origin,
disability or military status as defined in section 4112.01 of the Revised Code, age, or
ancestry, shall refuse to contract with that
physician for the provision of health care services under
section 124.82 of the Revised Code.
Any health insuring corporation that
violates this division is deemed to have engaged in an unlawful discriminatory
practice as defined in section 4112.02 of the Revised Code and is
subject to Chapter 4112. of the Revised Code.
(C) Each health insuring corporation that, on or after
July 1, 1993, enters into or renews a
contract with the department of administrative services under
section 124.82 of the Revised Code and that refuses to contract
with a physician for the provision of health care services under
that section shall provide that physician with a written notice
that clearly explains the reason or reasons for the refusal. The
notice shall be sent to the physician by regular mail within
thirty days after the refusal.
Any health insuring corporation that
fails to provide notice in compliance with this division is deemed to have
engaged in an unfair and deceptive act or practice in the business of
insurance as defined in section 3901.21 of the Revised Code and
is subject to sections 3901.19 to 3901.26 of the Revised Code.
Sec. 125.111. (A) Every contract for or on behalf of the
state or any of its political subdivisions for any purchase shall
contain provisions similar to those required by section 153.59 of
the Revised Code in the case of construction contracts by which
the contractor agrees to both of the following:
(1) That, in the hiring of employees for the performance of
work under the contract or any subcontract, no contractor or
subcontractor, by reason of race, color, religion, sex,
age, disability or military status as defined in section 4112.01 of the Revised Code,
national origin, or ancestry, shall discriminate against
any citizen of this state in the employment of a person qualified
and available to perform the work to which the contract relates;
(2) That no contractor, subcontractor, or person
acting on behalf of any contractor or subcontractor, in any
manner, shall discriminate against, intimidate, or retaliate against
any employee hired for the performance of work under the contract
on account of race, color, religion, sex, age, disability or military status as defined in
section 4112.01 of the Revised Code, national origin, or ancestry.
(B) All contractors from whom the state or any of its
political subdivisions make purchases shall have a written
affirmative action program for the employment and effective
utilization of economically disadvantaged persons, as
referred to in
division (E)(1) of section 122.71 of the Revised Code.
Annually, each such
contractor shall file a description of the affirmative action
program and a progress report on its implementation with
the equal
employment opportunity office of the department of administrative
services.
Sec. 153.59. Every contract for or on behalf of the state,
or any township, county, or municipal corporation of the
state, for
the construction, alteration, or repair of any public building or
public work in the state shall contain provisions by which the
contractor agrees to both of the following:
(A) That, in the hiring of employees for the performance of
work under the contract or any subcontract, no contractor,
subcontractor, or any person acting on a contractor's or
subcontractor's behalf, by
reason of race, creed, sex, disability or military status as defined in
section 4112.01 of the Revised Code, or color, shall discriminate
against any citizen of the state in the employment of labor or
workers who is qualified and available to perform the work to
which the employment relates;
(B) That no contractor, subcontractor, or any person on
a contractor's or subcontractor's behalf, in
any
manner, shall discriminate against or
intimidate any employee hired for the performance of work under
the contract on account of race, creed, sex,
disability or military status as
defined in section 4112.01 of the Revised Code, or color.
The department of administrative services shall ensure
that no capital moneys appropriated by the general assembly for
any purpose shall be expended unless the project for which
those
moneys are appropriated provides for an affirmative action
program for the employment and effective utilization of
disadvantaged persons whose disadvantage may arise from cultural,
racial, or ethnic background, or other similar cause, including,
but not limited to, race, religion, sex,
disability or military status as defined in section 4112.01 of the Revised Code, national
origin, or ancestry.
In awarding contracts for capital improvement projects, the
department shall ensure that equal consideration be given to
contractors, subcontractors, or joint venturers who qualify as a
minority business enterprise. As used in this section, "minority
business enterprise" means a business enterprise that is owned or
controlled by one or more socially or economically disadvantaged
persons who are residents of this state. "Socially or
economically disadvantaged persons" means persons, regardless of
marital status, who are members of groups whose disadvantage may
arise from discrimination on the basis of race, religion, sex,
disability or military status as defined in section 4112.01 of the Revised Code, national
origin, ancestry, or other similar cause.
Sec. 153.591. Any provision of a hiring hall contract or
agreement which obligates a contractor to hire, if available,
only employees referred to the contractor by a
labor
organization shall be void as against public policy and
unenforceable with respect to employment under any public works
contract unless at the date of execution of the hiring hall
contract or agreement, or within thirty days thereafter, the
labor organization has in effect procedures for referring
qualified employees for hire without regard to race, color,
religion, national origin, military status as defined in section 4112.01 of the Revised Code, or ancestry and unless the labor
organization includes in its apprentice and
journeyperson's
membership, or otherwise has available for job referral without
discrimination, qualified employees, both whites and non-whites
(including African-Americans).
Sec. 176.04. (A) No municipal corporation, county, or
township shall issue general obligations pursuant to section
133.51 of the Revised Code or expend moneys raised by taxation to
provide, or assist in providing, housing pursuant to Section 16
of Article VIII, Ohio Constitution, unless the municipal
corporation, county, or township has done all of the following:
(1) Established or designated a housing advisory board
pursuant to section 176.01 of the Revised Code, or entered into
an agreement pursuant to section 176.02 of the Revised Code for
the service of a housing advisory board established by one or
more other subdivisions;
(2) At least thirty days prior to approval of it by the
legislative authority of the municipal corporation, county, or
township, submitted to the housing advisory board for review,
comments, and recommendations, a comprehensive housing
affordability strategy for the municipal corporation, county, or
township developed under the "Cranston-Gonzalez National
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law
No. 101-625,
or other state or local comprehensive plan for the development
and maintenance of affordable housing within the boundaries of
the municipal corporation, county, or township.
Approval of the plan by the legislative authority may be
effective for a period of one to five years. No submission of an
amended plan is required unless the submitted description of the
purposes for which any part of those moneys are proposed to be
applied is intended to be, or raise a reasonable concern that it
might be construed to be, inconsistent with the existing plan.
(3) Submitted to the housing advisory board a written
description of the purposes to which the proceeds of the proposed
general obligations or the moneys raised by taxation are proposed
to be applied, and allowed at least fifteen days to elapse during
which the housing advisory board may review the submitted
description and advise the municipal corporation, county, or
township in accordance with division (D) of this section. For
purposes of this section, the written description of the purposes
to which the moneys raised by taxation are proposed to be applied
may be submitted annually to the housing advisory board prior to
the adoption of the annual appropriation measure pursuant to
section 5705.38 of the Revised Code.
(B) No municipal corporation, county, or township shall
issue general obligations pursuant to section 133.51 of the
Revised Code to provide, or assist in providing, housing pursuant
to Section 16 of Article VIII, Ohio Constitution, unless the
municipal legislative authority, the board of county
commissioners, or the board of township trustees has
substantially complied with each of the following requirements:
(1) Analyzed the anticipated impact of the purposes to
which the proceeds of the proposed general obligations are to be
applied upon existing housing patterns in the municipal
corporation, county, or township;
(2) Submitted to the housing advisory board serving it a
fair housing impact statement summarizing the analysis undertaken
under division (B)(1) of this section and conclusions from that
analysis;
(3) Submitted to the housing advisory board serving it a
plan for affirmative marketing to persons, regardless of marital
status, who are members of groups that may be disadvantaged by
discrimination on the basis of race, religion, sex,
disability or military status as defined in section 4112.01 of the Revised Code,
national origin, ancestry, children, or other similar cause or
who traditionally would not be expected to apply for housing at
the location proposed to be benefited by the proceeds of the
proposed general obligations.
(C) No approval of a housing advisory board shall be
required for issuance of general obligations pursuant to section
133.51 of the Revised Code or any proposed expenditure of moneys
raised by taxation to provide, or assist in providing, housing
pursuant to Section 16 of Article VIII, Ohio Constitution.
(D) The matters on which a housing advisory board shall
advise the subdivisions it serves shall include the following:
(1) The consistency of a project or program with the plan
submitted under division (A)(2) of this section;
(2) The extent to which any project or program to which
the proceeds of the proposed general obligations or the moneys
raised by taxation are proposed to be applied may displace
households that consequently may need relocation assistance;
(3) The length of time for which projects to which the
proceeds of the proposed general obligations or the moneys raised
by taxation are proposed to be applied will remain affordable to
any targeted income group;
(4) The extent to which any lending program is available,
in whole or in part, from private lenders upon reasonably
equivalent terms and conditions.
Sec. 176.06. (A) Each municipal corporation, county, and
township shall compile and make available, in accordance with
this
section, to the public for inspection and copying for a
period of
five years, the number and total dollar amount of
mortgage loans
that were originated, for which completed
applications were
received and applicants were rejected, and that
were purchased by
that municipal corporation, county, or township
during each fiscal
year. Information regarding each
mortgage loan category described in this section shall be itemized to
clearly and conspicuously
disclose the following:
(1) The number and dollar amount of mortgage loans insured
under Title II of the "National Housing Act," 48 Stat. 1246
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the
"Housing
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et
seq., or
guaranteed under the "Veterans' Loan Act," 58 Stat. 284
(1944), 38
U.S.C.A. 1801 et seq.;
(2) The number and dollar amount of mortgage loans made to
mortgagors who did not, at the time of execution of the mortgage,
intend to reside in the property securing the mortgage loan;
(3) The number and dollar amount of home improvement
loans;
(4) The number and dollar amount of mortgage loans
involving
mortgagors or mortgage applicants grouped according to
census
tract, income level, race, color, religion, sex, ancestry,
disability as defined in section 4112.01 of the Revised Code, military status as defined in that section, and
national origin.
(B) The information described in this section shall be made
available to the public in raw data form and updated quarterly.
Within four months after the end of each fiscal year, each
municipal corporation, county, and township shall submit to the
president of the senate and the speaker of the house of
representatives a report containing the information described in
this section for the immediately preceding fiscal year.
(C) As used in this section, "mortgage loan"
means a loan secured by a
mortgage, deed of trust, or other security interest to finance the
acquisition, construction, improvement, or rehabilitation of
single-family residential housing.
Sec. 717.01. Each municipal corporation may do any of the
following:
(A) Acquire by purchase or condemnation real estate with
or without buildings on it, and easements or interests in real
estate;
(B) Extend, enlarge, reconstruct, repair, equip, furnish,
or improve a building or improvement that it is authorized to
acquire or construct;
(C) Erect a crematory or provide other means for disposing
of garbage or refuse, and erect public comfort stations;
(D) Purchase turnpike roads and make them free;
(E) Construct wharves and landings on navigable waters;
(F) Construct infirmaries, workhouses, prisons, police
stations, houses of refuge and correction, market houses, public
halls, public offices, municipal garages, repair shops, storage
houses, and warehouses;
(G) Construct or acquire waterworks for supplying water to
the municipal corporation and its inhabitants and extend the
waterworks system outside of the municipal corporation limits;
(H) Construct or purchase gas works or works for the
generation and transmission of electricity, for the supplying of
gas or electricity to the municipal corporation and its
inhabitants;
(I) Provide grounds for cemeteries or crematories, enclose
and embellish them, and construct vaults or crematories;
(J) Construct sewers, sewage disposal works, flushing
tunnels, drains, and ditches;
(K) Construct free public libraries and reading rooms, and
free recreation centers;
(L) Establish free public baths and municipal lodging
houses;
(M) Construct monuments or memorial buildings to
commemorate the services of soldiers, sailors, and marines of the
state and nation;
(N) Provide land for and improve parks, boulevards, and
public playgrounds;
(O) Construct hospitals and pesthouses;
(P) Open, construct, widen, extend, improve, resurface, or
change the line of any street or public highway;
(Q) Construct and improve levees, dams, waterways,
waterfronts, and embankments and improve any watercourse passing
through the municipal corporation;
(R) Construct or improve viaducts, bridges, and culverts;
(S)(1) Construct any building necessary for the police or
fire department;
(2) Purchase fire engines or fire boats;
(3) Construct water towers or fire cisterns;
(4) Place underground the wires or signal apparatus of any
police or fire department.
(T) Construct any municipal ice plant for the purpose of
manufacturing ice for the citizens of a municipal corporation;
(U) Construct subways under any street or boulevard or
elsewhere;
(V) Acquire by purchase, gift, devise, bequest, lease,
condemnation proceedings, or otherwise, real or personal
property, and thereon and thereof to establish, construct,
enlarge, improve, equip, maintain, and operate airports, landing
fields, or other air navigation facilities, either within or
outside the limits of a municipal corporation, and acquire by
purchase, gift, devise, lease, or condemnation proceedings
rights-of-way for connections with highways, waterways, and
electric, steam, and interurban railroads, and improve and equip
such facilities with structures necessary or appropriate for such
purposes. No municipal corporation may take or disturb property
or facilities belonging to any public utility or to a common
carrier engaged in interstate commerce, which property or
facilities are required for the proper and convenient operation
of the utility or carrier, unless provision is made for the
restoration, relocation, or duplication of the property or
facilities elsewhere at the sole cost of the municipal
corporation.
(W) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the making of necessary surveys, appraisals, and examinations
preliminary to the acquisition or construction of any airport or
airport facility and pay the portion of the expense of the
surveys, appraisals, and examinations as set forth in the
agreement;
(X) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the acquisition, construction, maintenance, or operation of any
airport or airport facility owned or to be owned and operated by
the regional airport authority or owned or to be owned and
operated by the municipal corporation and pay the portion of the
expense of it as set forth in the agreement;
(Y) Acquire by gift, purchase, lease, or condemnation,
land, forest, and water rights necessary for conservation of
forest reserves, water parks, or reservoirs, either within or
without the limits of the municipal corporation, and improve and
equip the forest and water parks with structures, equipment, and
reforestation necessary or appropriate for any purpose for the
utilization of any of the forest and water benefits that may
properly accrue therefrom to the municipal corporation;
(Z) Acquire real property by purchase, gift, or devise and
construct and maintain on it public swimming pools, either within
or outside the limits of the municipal corporation;
(AA) Construct or rehabilitate, equip, maintain, operate,
and lease facilities for housing of elderly persons and for
persons of low and moderate income, and appurtenant facilities.
No municipal corporation shall deny housing accommodations to or
withhold housing accommodations from elderly persons or persons
of low and moderate income because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, military status as defined in that section, disability as defined in that section,
ancestry, or
national origin. Any elderly person or person of low or moderate
income who is denied housing accommodations or has them withheld
by a municipal corporation because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, military status as defined in that section, disability as defined in that section, ancestry,
or national
origin may file a charge with the Ohio civil rights commission as
provided in Chapter 4112. of the Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or
rail service, and enter into agreements with the Ohio
rail development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal
corporations, with other governmental agencies or organizations,
and with private agencies or organizations in order to achieve
those purposes;
(CC) Appropriate and contribute money to a soil and water
conservation district for use under Chapter 1515. of the Revised
Code;
(DD) Authorize the board of county commissioners, pursuant
to a contract authorizing the action, to contract on the
municipal corporation's behalf for the administration and
enforcement within its jurisdiction of the state building code by
another county or another municipal corporation located within or
outside the county. The contract for administration and
enforcement shall provide for obtaining certification pursuant to
division (E) of section 3781.10 of the Revised Code for the
exercise of administration and enforcement authority within the
municipal corporation seeking those services and shall specify
which political subdivision is responsible for securing that
certification.
(EE) Expend money for providing and maintaining services
and facilities for senior citizens.
"Airport," "landing field," and "air navigation facility,"
as defined in section 4561.01 of the Revised Code, apply to
division (V) of this section.
As used in divisions (W) and (X) of this section, "airport"
and "airport facility" have the same meanings as in section
308.01 of the Revised Code.
As used in division (BB) of this section, "rail property"
and "rail service" have the same meanings as in section 4981.01
of the Revised Code.
Sec. 1349.04. (A) As used in this section:
(1) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(2) "Immediate family" means a person's spouse residing in the person's household; brothers and sisters of the whole or half blood; children, including adopted children and stepchildren; parents; and grandparents.
(B) The attorney general shall appoint a member of the staff of the consumer protection division of the attorney general's office to expedite cases or issues raised by a person, or the immediate family of the person, who is deployed on active duty, which cases or issues raised relate to sections 125.021, 317.322, 1343.031, 1349.02, 1349.03, 1713.60, 1923.062, 3313.64, 3332.20, 3345.53, 3915.053, 4933.12, or 4933.121 of the Revised Code or to any other relevant section of the Revised Code regulating consumer protection.
Sec. 1751.18. (A)(1) No health insuring corporation shall cancel or fail to
renew the coverage of a subscriber or enrollee because of any health
status-related factor in relation to the subscriber or enrollee, the
subscriber's or enrollee's requirements
for health care services, or for any
other reason designated under rules adopted by the superintendent of
insurance.
(2) Unless otherwise required by state or federal law, no
health insuring corporation, or health care facility or provider
through which the health insuring corporation has made
arrangements to provide health care services, shall discriminate
against any individual with regard to enrollment, disenrollment,
or the quality of health care services rendered, on the basis of
the individual's race, color, sex, age, religion, military status as defined in section 4112.01 of the Revised Code, or status as a recipient of
medicare or medical
assistance under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A.
301, as amended, or any health status-related factor
in relation to the individual. However, a health insuring corporation
shall
not be required to accept a recipient of medicare or medical
assistance, if an agreement has not been reached on appropriate
payment mechanisms between the health insuring corporation and
the governmental agency administering these programs. Further,
except during a period of open enrollment under section 1751.15
of the Revised Code, a health insuring
corporation may reject an applicant for nongroup enrollment on
the basis of any health
status-related factor in relation to
the applicant.
(B) A health insuring
corporation may cancel or decide not to renew the coverage of an enrollee
if the enrollee has performed an act
or practice that constitutes fraud or intentional misrepresentation of
material
fact under the terms of the coverage and if the cancellation or nonrenewal is
not based, either directly or indirectly, on any health status-related factor
in relation to the enrollee.
(C) An enrollee may appeal any action or
decision of
a health
insuring corporation
taken pursuant to section 2742(b) to (e) of
the
"Health Insurance Portability and
Accountability Act of 1996," Pub. L.
No. 104-191, 110 Stat. 1955, 42
U.S.C.A. 300gg-42, as
amended.
To
appeal, the enrollee may submit a written
complaint to the health insuring corporation pursuant to section
1751.19 of the Revised Code. The enrollee may,
within thirty days after receiving a written response from the
health insuring corporation, appeal the health insuring
corporation's action or decision to the superintendent.
(D) As used in this section, "health status-related factor"
means any of the following:
(2) Medical condition, including both physical and
mental illnesses;
(4) Receipt of health care;
(7) Evidence of insurability, including conditions
arising out of acts of domestic violence;
Sec. 2927.03. (A) No person, whether or not acting under
color of law, shall by force or threat of force willfully injure,
intimidate, or interfere with, or attempt to injure, intimidate,
or interfere with, any of the following:
(1) Any person because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, national origin, military status as defined in that section, disability as defined in that
section, or
ancestry and because that person is or has been selling,
purchasing, renting, financing, occupying, contracting, or
negotiating for the sale, purchase, rental, financing, or
occupation of any housing accommodations, or applying for or
participating in any service, organization, or facility relating
to the business of selling or renting housing accommodations;
(2) Any person because that person is or has been doing, or in
order to intimidate that person or any other person or any class
of persons from doing, either of the following:
(a) Participating, without discrimination on account of
race, color, religion, sex, familial status as defined in
section 4112.01 of the Revised Code, national origin, military status as defined in that section,
disability
as defined in that section, or ancestry, in any of the
activities, services, organizations, or facilities described in
division (A)(1) of this section;
(b) Affording another person or class of persons
opportunity or protection so to participate.
(3) Any person because that person is or has been, or in
order to discourage that person or any other person from,
lawfully aiding or encouraging other persons to participate,
without discrimination on account of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, national origin, military status as defined in that section, disability as defined in that
section, or
ancestry, in any of the activities, services, organizations, or
facilities described in division (A)(1) of this section, or
participating lawfully in speech or peaceful assembly opposing
any denial of the opportunity to so participate.
(B) Whoever violates division (A) of this section is
guilty of a misdemeanor of the first degree.
Sec. 3905.55. (A) Except as provided in division
(B) of
this section, an agent
may charge a consumer a fee if all of the
following conditions
are met:
(1) The fee is disclosed to the consumer in a manner
that
separately identifies the fee and the premium.
(2) The fee is not calculated as a percentage of the
premium.
(3) The fee is not refunded, forgiven, waived, offset,
or
reduced by any commission earned or received for any policy
or
coverage sold.
(4) The amount of the fee, and the consumer's
obligation to
pay the fee, are not conditioned upon the
occurrence of a future
event or condition, such as the purchase,
cancellation, lapse,
declination, or nonrenewal of
insurance.
(5) The agent discloses to the consumer that the fee
is
being charged by the agent and not by the insurance company,
that
neither state law nor the insurance company requires the
agent to
charge the fee, and that the fee is not
refundable.
(6) The consumer consents to the fee.
(7) The agent, in charging the fee, does not
discriminate on
the basis of race, sex, national origin,
religion, disability,
health status, age, marital status, military status as defined in section 4112.01 of the Revised Code, or
geographic location, and
does not unfairly discriminate between
persons of essentially the
same class and of essentially the
same hazard or expectation of
life.
(B) A fee may not be
charged for taking or submitting an
initial application for
coverage with any one insurer or different
programs with the
same insurer, or processing a change to an
existing policy, a
cancellation, a claim, or a renewal, in
connection with any of the
following personal lines policies:
(1) Private passenger automobile;
(2) Homeowners, including coverage for tenants or
condominium owners, owner-occupied fire or dwelling property
coverage, personal umbrella liability, or any other personal
lines-related coverage whether sold as a separate policy or as
an
endorsement to another personal lines policy;
(3) Individual life insurance;
(4) Individual sickness or accident insurance;
(5) Disability income policies;
(6) Credit insurance products.
(C) Notwithstanding
any other provision of this section, an
agent may charge a fee
for agent services in connection with a
policy issued on a
no-commission basis, if the agent provides the
consumer with
prior disclosure of the fee and of the services to
be
provided.
(D) In the event of a
dispute between an agent and a
consumer regarding any disclosure
required by this section, the
agent has the burden of proving that the
disclosure was made.
(E)(1) No person
shall fail to comply with this section.
(2) Whoever violates division
(E)(1) of this section is
deemed to have engaged in an unfair and deceptive act or
practice
in the business of insurance under sections 3901.19 to
3901.26 of
the Revised
Code.
(F) This section does not apply with respect to any expense
fee
charged by a surety bail bond agent to cover the costs
incurred by the surety
bail bond agent in executing the bail bond.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals,
partnerships,
associations, organizations, corporations, legal
representatives,
trustees, trustees in bankruptcy, receivers, and
other organized
groups of persons. "Person" also includes, but
is not limited to,
any owner, lessor, assignor, builder, manager,
broker,
salesperson, appraiser, agent, employee,
lending
institution, and
the state and all political subdivisions,
authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political
subdivision
of the state, any person employing four or more
persons within the
state, and any person acting directly or
indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any
employer
but does not include any individual employed in the
domestic
service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by
the owner's legal representative.
(11) "Restrictive covenant" means any specification
limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, military status, familial
status, national origin, disability, or ancestry, or
any
limitation
based upon affiliation with or approval by any person,
directly
or indirectly, employing race, color, religion, sex, military status,
familial
status, national origin, disability, or ancestry as a
condition of
affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated
for cemetery purposes.
(13) "Disability" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of
the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years
of
age and who are domiciled with a parent or guardian having
legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of
securing
legal custody of any individual who is under eighteen
years of
age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but
not limited to, mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited
to, orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any
of
the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for
a
family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is
not limited to, hallways, lounges, lobbies, laundry rooms,
refuse
rooms, mail rooms, recreational areas, and passageways
among and
between buildings.
(19) "Public use areas" means interior or exterior rooms
or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in the uniformed services" as defined in section 5903.01 of the Revised Code.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related
medical conditions. Women affected by pregnancy,
childbirth, or
related medical conditions shall be treated the
same for all
employment-related purposes, including receipt of
benefits under
fringe benefit programs, as other persons not so
affected but
similar in their ability or inability to work, and
nothing in
division (B) of section 4111.17 of the Revised Code
shall be
interpreted to permit otherwise. This division shall
not be
construed to require an employer to pay for health
insurance
benefits for abortion, except where the life of the
mother would
be endangered if the fetus were carried to term or
except where
medical complications have arisen from the abortion,
provided that
nothing in this division precludes an employer from
providing
abortion benefits or otherwise affects bargaining
agreements in
regard to abortion.
Sec. 4112.02. It shall be an unlawful discriminatory
practice:
(A) For any employer, because of the race, color,
religion,
sex, military status, national origin, disability, age, or
ancestry of any
person,
to discharge without just cause, to refuse to hire, or
otherwise
to discriminate against that person with respect to
hire, tenure,
terms, conditions, or privileges of employment, or
any matter
directly or indirectly related to employment.
(B) For an employment agency or personnel placement
service,
because of race, color, religion, sex, military status, national origin,
disability, age, or ancestry, to do any of the
following:
(1) Refuse or fail to accept, register, classify properly,
or refer for employment, or otherwise discriminate against any
person;
(2) Comply with a request from an employer for referral of
applicants for employment if the request directly or indirectly
indicates that the employer fails to comply with the provisions
of
sections 4112.01 to 4112.07 of the Revised Code.
(C) For any labor organization to do any of the following:
(1) Limit or classify its membership on the basis of race,
color, religion, sex, military status, national origin, disability, age,
or
ancestry;
(2) Discriminate against, limit the employment
opportunities
of, or otherwise adversely affect the employment
status, wages,
hours, or employment conditions of any person as
an employee
because of race, color, religion, sex, military status, national
origin,
disability, age, or ancestry.
(D) For any employer, labor organization, or joint
labor-management committee controlling apprentice training
programs to discriminate against any person because of race,
color, religion, sex, military status, national origin, disability, or
ancestry in
admission to, or employment in, any program established to
provide
apprentice training.
(E) Except where based on a bona fide occupational
qualification certified in advance by the commission, for any
employer, employment agency, personnel placement service, or
labor
organization, prior to employment or admission to
membership, to
do any of the following:
(1) Elicit or attempt to elicit any information concerning
the race, color, religion, sex, military status, national origin,
disability, age,
or ancestry of an applicant for employment or membership;
(2) Make or keep a record of the race, color, religion,
sex, military status,
national origin, disability, age, or ancestry of
any applicant
for
employment or membership;
(3) Use any form of application for employment, or
personnel
or membership blank, seeking to elicit information
regarding race,
color, religion, sex, military status, national origin,
disability,
age, or
ancestry; but an employer holding a contract containing a
nondiscrimination clause with the government of the United
States,
or any department or agency of that government, may
require an
employee or applicant for employment to furnish
documentary proof
of United States citizenship and may retain
that proof in the
employer's personnel records and may use
photographic or
fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published
any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification, or
discrimination, based upon race, color, religion, sex, military status, national
origin, disability, age, or ancestry;
(5) Announce or follow a policy of denying or limiting,
through a quota system or otherwise, employment or membership
opportunities of any group because of the race, color, religion,
sex, military status, national origin, disability, age, or ancestry of
that group;
(6) Utilize in the recruitment or hiring of persons any
employment agency, personnel placement service, training school
or
center, labor organization, or any other employee-referring
source
known to discriminate against persons because of their
race,
color, religion, sex, military status, national origin,
disability, age, or
ancestry.
(F) For any person seeking employment to publish or cause
to
be published any advertisement that specifies or in any manner
indicates that person's race, color, religion, sex, military status, national
origin, disability, age, or ancestry, or expresses a
limitation or
preference as to the race, color, religion, sex, military status, national origin,
disability, age, or ancestry of any prospective
employer.
(G) For any proprietor or any employee, keeper, or manager
of a place of public accommodation to deny to any person, except
for reasons applicable alike to all persons regardless of race,
color, religion, sex, military status, national origin, disability, age, or
ancestry, the full enjoyment of the accommodations, advantages,
facilities, or privileges of the place of public accommodation.
(H) For any person to do any of the following:
(1) Refuse to sell, transfer, assign, rent, lease,
sublease,
or finance housing accommodations, refuse to negotiate
for the
sale or rental of housing accommodations, or otherwise
deny or
make unavailable housing accommodations because of race,
color,
religion, sex, military status, familial status, ancestry,
disability, or
national
origin;
(2) Represent to any person that housing accommodations
are
not available for inspection, sale, or rental, when in fact
they
are available, because of race, color, religion, sex, military status,
familial
status, ancestry, disability, or national
origin;
(3) Discriminate against any person in the making or
purchasing of loans or the provision of other financial
assistance
for the acquisition, construction, rehabilitation,
repair, or
maintenance of housing accommodations, or any person
in the making
or purchasing of loans or the provision of other
financial
assistance that is secured by residential real estate,
because of
race, color, religion, sex, military status, familial status, ancestry,
disability,
or national origin or because of the racial
composition
of the
neighborhood in which the housing accommodations are
located,
provided that the person, whether an individual,
corporation, or
association of any type, lends money as one of
the principal
aspects or incident to the person's principal business and
not
only as a part of the purchase price of an owner-occupied
residence the person is selling nor merely casually or
occasionally to a
relative or friend;
(4) Discriminate against any person in the terms or
conditions of selling, transferring, assigning, renting, leasing,
or subleasing any housing accommodations or in furnishing
facilities, services, or privileges in connection with the
ownership, occupancy, or use of any housing accommodations,
including the sale of fire, extended coverage, or homeowners
insurance, because of race, color, religion, sex, military status, familial
status,
ancestry, disability, or national origin or
because of the
racial
composition of the neighborhood in which the housing
accommodations are located;
(5) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise, for the acquisition, construction,
rehabilitation, repair, or maintenance of housing accommodations
because of race, color, religion, sex, military status, familial status, ancestry,
disability, or national origin or because of the racial
composition
of the neighborhood in which the housing
accommodations are
located;
(6) Refuse to consider without prejudice the combined
income
of both husband and wife for the purpose of extending
mortgage
credit to a married couple or either member of a married
couple;
(7) Print, publish, or circulate any statement or
advertisement, or make or cause to be made any statement or
advertisement, relating to the sale, transfer, assignment,
rental,
lease, sublease, or acquisition of any housing
accommodations, or
relating to the loan of money, whether or not
secured by mortgage
or otherwise, for the acquisition,
construction, rehabilitation,
repair, or maintenance of housing
accommodations, that indicates
any preference, limitation,
specification, or discrimination based
upon race, color,
religion, sex, military status, familial status, ancestry,
disability,
or national
origin, or an intention to make any such
preference, limitation,
specification, or discrimination;
(8) Except as otherwise provided in division (H)(8) or
(17)
of this section, make any inquiry, elicit any information,
make or
keep any record, or use any form of application
containing
questions or entries concerning race, color, religion,
sex, military status,
familial status, ancestry, disability, or national
origin in
connection with the sale or lease of any housing accommodations
or
the loan of any money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations. Any person may
make inquiries, and make and keep records, concerning race,
color,
religion, sex, military status, familial status, ancestry,
disability, or
national
origin for the purpose of monitoring compliance with
this chapter.
(9) Include in any transfer, rental, or lease of housing
accommodations any restrictive covenant, or honor or exercise, or
attempt to honor or exercise, any restrictive covenant;
(10) Induce or solicit, or attempt to induce or solicit, a
housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur with respect
to the racial, religious, sexual, military status, familial status, or ethnic
composition of the block, neighborhood, or other area in which
the
housing accommodations are located, or induce or solicit, or
attempt to induce or solicit, a housing accommodations listing,
sale, or transaction by representing that the presence or
anticipated presence of persons of any race, color, religion,
sex, military status,
familial status, ancestry, disability, or national
origin, in
the
block, neighborhood, or other area will or may have results
including, but not limited to, the following:
(a) The lowering of property values;
(b) A change in the racial, religious, sexual, military status, familial
status, or ethnic composition of the block, neighborhood, or
other
area;
(c) An increase in criminal or antisocial behavior in the
block, neighborhood, or other area;
(d) A decline in the quality of the schools serving the
block, neighborhood, or other area.
(11) Deny any person access to or membership or
participation in any multiple-listing service, real estate
brokers' organization, or other service, organization, or
facility
relating to the business of selling or renting housing
accommodations, or discriminate against any person in the terms
or
conditions of that access, membership, or participation, on
account of race, color, religion, sex, military status, familial status, national
origin, disability, or ancestry;
(12) Coerce, intimidate, threaten, or interfere with any
person in the exercise or enjoyment of, or on account of that
person's having exercised or enjoyed or having aided or
encouraged
any other person in the exercise or enjoyment of, any
right
granted or protected by division (H) of this section;
(13) Discourage or attempt to discourage the purchase by a
prospective purchaser of housing accommodations, by representing
that any block, neighborhood, or other area has undergone or
might
undergo a change with respect to its religious, racial,
sexual,
military status, familial status, or ethnic composition;
(14) Refuse to sell, transfer, assign, rent, lease,
sublease, or finance, or otherwise deny or withhold, a burial lot
from any person because of the race, color, sex, military status, familial status,
age, ancestry, disability, or national origin of any
prospective
owner or user of the lot;
(15) Discriminate in the sale or rental of, or otherwise
make unavailable or deny, housing accommodations to any buyer or
renter because of a disability of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(15)(b) of this section.
(16) Discriminate in the terms, conditions, or privileges
of
the sale or rental of housing accommodations to any person or
in
the provision of services or facilities to any person in
connection with the housing accommodations because of a
disability
of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(16)(b) of this section.
(17) Except as otherwise provided in division (H)(17) of
this section, make an inquiry to determine whether an applicant
for the sale or rental of housing accommodations, a person
residing in or intending to reside in the housing accommodations
after they are sold, rented, or made available, or any individual
associated with that person has a disability, or make
an inquiry
to
determine the nature or severity of a disability of the
applicant
or such a person or individual. The following inquiries
may be
made of all applicants for the sale or rental of housing
accommodations, regardless of whether they have
disabilities:
(a) An inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is
qualified for housing accommodations available only to persons
with disabilities or persons with a particular type of
disability;
(c) An inquiry to determine whether an applicant is
qualified for a priority available to persons with
disabilities or
persons with a particular type of disability;
(d) An inquiry to determine whether an applicant currently
uses a controlled substance in violation of section 2925.11 of
the
Revised Code or a substantively comparable municipal
ordinance;
(e) An inquiry to determine whether an applicant at any
time
has been convicted of or pleaded guilty to any offense, an element
of
which is the illegal sale, offer to sell, cultivation,
manufacture, other
production,
shipment, transportation, delivery,
or other distribution of a
controlled substance.
(18)(a) Refuse to permit, at the expense of a
person with a
disability, reasonable modifications of existing housing
accommodations that are occupied or to be occupied by the
person
with a disability, if the modifications may
be necessary to
afford
the person with a disability full enjoyment
of the housing
accommodations. This division does not preclude a landlord of
housing accommodations that are rented or to be rented to a
disabled tenant from conditioning permission for a
proposed
modification upon the disabled tenant's doing one or
more of
the
following:
(i) Providing a reasonable description of the proposed
modification and reasonable assurances that the proposed
modification will be made in a workerlike manner and
that any
required building permits will be obtained prior to the
commencement of the proposed modification;
(ii) Agreeing to restore at the end of the tenancy the
interior of the housing accommodations to the condition they were
in prior to the proposed modification, but subject to reasonable
wear and tear during the period of occupancy, if it is reasonable
for the landlord to condition permission for the proposed
modification upon the agreement;
(iii) Paying into an interest-bearing escrow account that
is
in the landlord's name, over a reasonable period of time, a
reasonable amount of money not to exceed the projected costs at
the end of the tenancy of the restoration of the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear
during the period of occupancy, if the landlord finds the account
reasonably necessary to ensure the availability of funds for the
restoration work. The interest earned in connection with an
escrow account described in this division shall accrue to the
benefit of the disabled tenant who makes payments
into the
account.
(b) A landlord shall not condition permission for a
proposed
modification upon a disabled tenant's
payment of a
security
deposit that exceeds the customarily required security
deposit of
all tenants of the particular housing accommodations.
(19) Refuse to make reasonable accommodations in rules,
policies, practices, or services when necessary to afford a
person
with a disability equal opportunity to use
and enjoy a dwelling
unit, including associated public and common use areas;
(20) Fail to comply with the standards and rules adopted
under division (A) of section 3781.111 of the Revised Code;
(21) Discriminate against any person in the selling,
brokering, or appraising of real property because of race, color,
religion, sex, military status, familial status, ancestry, disability,
or national
origin;
(22) Fail to design and construct covered multifamily
dwellings for first occupancy on or after June 30, 1992, in
accordance with the following conditions:
(a) The dwellings shall have at least one building
entrance
on an accessible route, unless it is impractical to do
so because
of the terrain or unusual characteristics of the site.
(b) With respect to dwellings that have a building
entrance
on an accessible route, all of the following apply:
(i) The public use areas and common use areas of the
dwellings shall be readily accessible to and usable by
persons
with a disability.
(ii) All the doors designed to allow passage into and
within
all premises shall be sufficiently wide to allow passage
by
persons with a disability who are in wheelchairs.
(iii) All premises within covered multifamily dwelling
units
shall contain an accessible route into and through the
dwelling;
all light switches, electrical outlets, thermostats,
and other
environmental controls within such units shall be in
accessible
locations; the bathroom walls within such units shall
contain
reinforcements to allow later installation of grab bars;
and the
kitchens and bathrooms within such units shall be
designed and
constructed in a manner that enables an individual
in a wheelchair
to maneuver about such rooms.
For purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or more
units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.
(I) For any person to discriminate in any manner against
any
other person because that person has opposed any unlawful
discriminatory practice defined in this section or because that
person has made a charge, testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under
sections 4112.01 to 4112.07 of the Revised Code.
(J) For any person to aid, abet, incite, compel, or coerce
the doing of any act declared by this section to be an unlawful
discriminatory practice, to obstruct or prevent any person from
complying with this chapter or any order issued under it, or to
attempt directly or indirectly to commit any act declared by this
section to be an unlawful discriminatory practice.
(K)(1) Nothing in division (H) of this section shall bar
any
religious or denominational institution or organization, or
any
nonprofit charitable or educational organization that is
operated,
supervised, or controlled by or in connection with a
religious
organization, from limiting the sale, rental, or
occupancy of
housing accommodations that it owns or operates for
other than a
commercial purpose to persons of the same religion,
or from giving
preference in the sale, rental, or occupancy of
such housing
accommodations to persons of the same religion,
unless membership
in the religion is restricted on account of
race, color, or
national origin.
(2) Nothing in division (H) of this section shall bar any
bona fide private or fraternal organization that, incidental to
its primary purpose, owns or operates lodgings for other than a
commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.
(3) Nothing in division (H) of this section limits the
applicability of any reasonable local, state, or federal
restrictions regarding the maximum number of occupants permitted
to occupy housing accommodations. Nothing in that division
prohibits the owners or managers of housing accommodations from
implementing reasonable occupancy standards based on the number
and size of sleeping areas or bedrooms and the overall size of a
dwelling unit, provided that the standards are not implemented to
circumvent the purposes of this chapter and are formulated,
implemented, and interpreted in a manner consistent with this
chapter and any applicable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy
housing accommodations.
(4) Nothing in division (H) of this section requires that
housing accommodations be made available to an individual whose
tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(5) Nothing in division (H) of this section pertaining to
discrimination on the basis of familial status shall be construed
to apply to any of the following:
(a) Housing accommodations provided under any state or
federal program that have been determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended, to be specifically designed and operated to assist
elderly persons;
(b) Housing accommodations intended for and solely
occupied
by persons who are sixty-two years of age or older;
(c) Housing accommodations intended and operated for
occupancy by at least one person who is fifty-five years of age
or
older per unit, as determined under the "Fair Housing
Amendments
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended.
(L) Nothing in divisions (A) to (E) of this section shall
be
construed to require a person with a disability
to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the person with a
disability,
other employees, the general public, or the facilities
in which
the work is to be performed, or to require the employment
or
training of a person with a disability in a job that
requires
the person with a disability
routinely to undertake any task, the
performance of which is
substantially and inherently impaired by
the person's
disability.
(M) Nothing in divisions (H)(1) to (18) of this section
shall be construed to require any person selling or renting
property to modify the property in any way or to exercise a
higher
degree of care for a person with a
disability, to relieve
any
person with a disability of any obligation
generally imposed on
all
persons regardless of disability in a written lease,
rental
agreement, or contract of purchase or sale, or to forbid
distinctions based on the inability to fulfill the terms and
conditions, including financial obligations, of the lease,
agreement, or contract.
(N) An aggrieved individual may enforce the individual's
rights
relative to discrimination on the basis of age as provided
for in
this section by instituting a civil action, within
one
hundred eighty days after the
alleged unlawful
discriminatory
practice
occurred, in any court with jurisdiction
for any legal or
equitable relief that will effectuate the
individual's rights.
A person who files a civil action under this division is
barred, with respect to the practices complained of, from
instituting a civil action under section 4112.14 of the Revised
Code and from filing a charge with the commission under section
4112.05 of the Revised Code.
(O) With regard to age, it shall not be an unlawful
discriminatory practice and it shall not constitute a violation
of
division (A) of section 4112.14 of the Revised Code for any
employer, employment agency, joint labor-management committee
controlling apprenticeship training programs, or labor
organization to do any of the following:
(1) Establish bona fide employment qualifications
reasonably
related to the particular business or occupation that
may include
standards for skill, aptitude, physical capability,
intelligence,
education, maturation, and experience;
(2) Observe the terms of a bona fide seniority system or
any
bona fide employee benefit plan, including, but not limited
to, a
retirement, pension, or insurance plan, that is not a
subterfuge
to evade the purposes of this section. However, no
such employee
benefit plan shall excuse the failure to hire any
individual, and
no such seniority system or employee benefit plan
shall require or
permit the involuntary retirement of any
individual, because of
the individual's age except as provided for in the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189,
29 U.S.C.A. 623, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
623, as amended.
(3) Retire an employee who has attained sixty-five years
of
age who, for the two-year period immediately before
retirement, is
employed in a bona fide executive or a high
policymaking position,
if the employee is entitled to an
immediate nonforfeitable annual
retirement benefit from a
pension, profit-sharing, savings, or
deferred compensation plan,
or any combination of those plans, of
the employer of the
employee, which equals, in the aggregate, at
least forty-four
thousand dollars, in accordance with the
conditions of the "Age
Discrimination in Employment Act Amendment
of 1978," 92 Stat.
189, 29 U.S.C.A. 631, as amended by the "Age
Discrimination in
Employment Act Amendments of 1986," 100 Stat.
3342, 29 U.S.C.A.
631, as amended;
(4) Observe the terms of any bona fide apprenticeship
program if the program is registered with the Ohio apprenticeship
council pursuant to sections 4139.01 to 4139.06 of the Revised
Code and is approved by the federal committee on apprenticeship
of
the United States department of labor.
(P) Nothing in this chapter prohibiting age discrimination
and nothing in division (A) of section 4112.14 of the Revised
Code
shall be construed to prohibit the following:
(1) The designation of uniform age the attainment of which
is necessary for public employees to receive pension or other
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,
or 5505. of the Revised Code;
(2) The mandatory retirement of uniformed patrol officers
of
the state highway patrol as provided in section 5505.16 of the
Revised Code;
(3) The maximum age requirements for appointment as a
patrol
officer in the state highway patrol established by section
5503.01
of the Revised Code;
(4) The maximum age requirements established for original
appointment to a police department or fire department in sections
124.41 and 124.42 of the Revised Code;
(5) Any maximum age not in conflict with federal law that
may be established by a municipal charter, municipal ordinance,
or
resolution of a board of township trustees for original
appointment as a police officer or firefighter;
(6) Any mandatory retirement provision not in conflict
with
federal law of a municipal charter, municipal ordinance, or
resolution of a board of township trustees pertaining to police
officers and firefighters;
(7) Until January 1, 1994, the mandatory retirement of any
employee who has attained seventy years of age and who is serving
under a contract of unlimited tenure, or similar arrangement
providing for unlimited tenure, at an institution of higher
education as defined in the "Education Amendments of 1980," 94
Stat. 1503, 20 U.S.C.A. 1141(a).
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this
section, for purposes of divisions (A) to (E) of this section, a
disability does not include any physiological disorder
or
condition, mental or psychological disorder, or disease or
condition caused by an illegal use of any controlled substance by
an employee, applicant, or other person, if an employer,
employment agency, personnel placement service, labor
organization, or joint labor-management committee acts on the
basis of that illegal use.
(b) Division (Q)(1)(a) of this section does not apply to
an
employee, applicant, or other person who satisfies any of the
following:
(i) The employee, applicant, or other person has
successfully completed a
supervised drug
rehabilitation program
and no longer is engaging in the illegal
use of any controlled
substance, or the employee, applicant, or
other person otherwise
successfully has
been rehabilitated and no longer is engaging in
that illegal use.
(ii) The employee, applicant, or other person is
participating in a
supervised drug
rehabilitation program and no
longer is engaging in the illegal
use of any controlled substance.
(iii) The employee, applicant, or other person is
erroneously regarded as
engaging in the
illegal use of any
controlled substance, but the employee,
applicant, or other person
is not engaging
in that illegal use.
(2) Divisions (A) to (E) of this section do not prohibit
an
employer, employment agency, personnel placement service,
labor
organization, or joint labor-management committee from
doing any
of the following:
(a) Adopting or administering reasonable policies or
procedures, including, but not limited to, testing for the
illegal
use of any controlled substance, that are designed to
ensure that
an individual described in division (Q)(1)(b)(i) or
(ii) of this
section no longer is engaging in the illegal use of
any controlled
substance;
(b) Prohibiting the illegal use of controlled substances
and
the use of alcohol at the workplace by all employees;
(c) Requiring that employees not be under the influence of
alcohol or not be engaged in the illegal use of any controlled
substance at the workplace;
(d) Requiring that employees behave in conformance with
the
requirements established under "The Drug-Free Workplace Act
of
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;
(e) Holding an employee who engages in the illegal use of
any controlled substance or who is an alcoholic to the same
qualification standards for employment or job performance, and
the
same behavior, to which the employer, employment agency,
personnel
placement service, labor organization, or joint
labor-management
committee holds other employees, even if any
unsatisfactory
performance or behavior is related to an
employee's illegal use of
a controlled substance or alcoholism;
(f) Exercising other authority recognized in the "Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C.A. 12101,
as amended, including, but not limited to,
requiring employees to
comply with any applicable federal
standards.
(3) For purposes of this chapter, a test to determine the
illegal use of any controlled substance does not include a
medical
examination.
(4) Division (Q) of this section does not encourage,
prohibit, or authorize, and shall not be construed as
encouraging,
prohibiting, or authorizing, the conduct of testing
for the
illegal use of any controlled substance by employees,
applicants,
or other persons, or the making of employment
decisions based on
the results of that type of testing.
Sec. 4112.021. (A) As used in this section:
(1) "Credit" means the right granted by a creditor to a
person to defer payment of a debt, to incur debt and defer its
payment, or to purchase property or services and defer payment
for the property or services.
(2) "Creditor" means any person who regularly extends,
renews, or continues credit, any person who regularly arranges
for the extension, renewal, or continuation of credit, or any
assignee of an original creditor who participates in the decision
to extend, renew, or continue credit, whether or not any interest
or finance charge is required.
(3) "Credit reporting agency" means any person who, for
monetary fees or dues or on a cooperative nonprofit
basis,
regularly assembles or evaluates credit information for the
purpose of furnishing credit reports to creditors.
(4) "Age" means any age of eighteen years or older.
(B) It shall be an unlawful discriminatory practice:
(1) For any creditor to do any of the following:
(a) Discriminate against any applicant for credit in the
granting, withholding, extending, or renewing of credit, or in
the fixing of the rates, terms, or conditions of any form of
credit, on the basis of race, color, religion, age, sex, military status, marital
status, national origin, disability, or ancestry,
except that this
division shall not apply with respect to age in any real estate
transaction between a financial institution, a dealer in
intangibles, or an insurance company as defined
in section 5725.01 of the Revised Code and its customers;
(b) Use or make any inquiry as to race, color, religion,
age, sex, military status, marital status, national origin, disability,
or ancestry
for the purpose of limiting or specifying those persons to whom
credit will be granted, except that an inquiry of marital status
does not constitute discrimination for the purposes of this
section if the inquiry is made for the purpose of ascertaining
the creditor's rights and remedies applicable to the particular
extension of credit, and except that creditors are excepted from
this division with respect to any inquiry, elicitation of
information, record, or form of application required of a
particular
creditor by any instrumentality or agency of the United States,
or required of a particular creditor by any agency or
instrumentality to
enforce the "Civil Rights Act of 1968," 82 Stat. 84, 85, 42
U.S.C.A. 3608(c);
(c) Refuse to consider the sources of income of an
applicant for credit, or disregard or ignore the income of an
applicant, in whole or in part, on the basis of race, color,
religion, age, sex, military status, marital status, disability,
national origin, or
ancestry;
(d) Refuse to grant credit to an individual in any name
that individual customarily uses, if it has been determined in
the normal course of business that the creditor will grant
credit to the individual;
(e) Impose any special requirements or conditions,
including, but not limited to, a requirement for co-obligors or
reapplication, upon any applicant or class of applicants on the
basis of race, color, religion, age, sex, military status, marital status,
national origin, disability, or ancestry in
circumstances where
similar requirements or conditions are not imposed on other
applicants similarly situated, unless the special requirements or
conditions that are imposed with respect to age are the result of
a real estate transaction exempted under division (B)(1)(a) of
this section or are the result of programs that grant preferences
to certain age groups administered by instrumentalities or
agencies of the United States, a state, or a political
subdivision of a state;
(f) Fail or refuse to provide an applicant for credit a
written statement of the specific reasons for rejection of the
application if requested in writing by the applicant within sixty
days of the rejection. The creditor shall provide the written
statement of the specific reason for rejection within thirty days
after receipt of a request of that nature. For
purposes of this section, a
statement that the applicant was rejected solely on the basis of
information received from a credit reporting agency or because
the applicant failed to meet the standards required by the
creditor's credit scoring system, uniformly applied, shall
constitute a specific reason for rejection.
(g) Fail or refuse to print on or
firmly attach to each application for credit, in a type size no
smaller than that used throughout most of the application form,
the following notice: "The Ohio laws against discrimination
require that all creditors make credit equally available to all
credit worthy customers, and that credit reporting agencies
maintain separate credit histories on each individual upon
request. The Ohio civil rights commission administers compliance
with this law." This notice is not required to be included in
applications that have a multi-state distribution if the notice
is mailed to the applicant with the notice of acceptance or
rejection of the application.
(h) Fail or refuse on the basis of race, color, religion,
age, sex, military status, marital status, national origin, disability,
or ancestry
to maintain, upon the request of the individual, a separate
account for each individual to whom credit is extended;
(i) Fail or refuse on the basis of race, color, religion,
age, sex, military status, marital status, national origin, disability,
or ancestry
to maintain records on any account established after November 1,
1976, to furnish information on the accounts to credit
reporting agencies in a manner that clearly designates the
contractual liability for repayment as indicated on the
application for the account, and, if more than one individual is
contractually liable for repayment, to maintain records and
furnish information in the name of each individual. This
division does not apply to individuals who are contractually liable
only if the primary party defaults on the account.
(2) For any credit reporting agency to do any of the following:
(a) Fail or refuse on the basis of race, color, religion,
age, sex, military status, marital status, national origin, disability,
or ancestry
to maintain, upon the request of the individual, a separate file
on each individual about whom information is assembled or
evaluated;
(b) Fail or refuse on the basis of race, color, religion,
age, sex, military status, marital status, national origin, disability,
or ancestry
to clearly note, maintain, and report any information furnished
it under division (B)(1)(i) of this section.
(C) This section does not prohibit a creditor from
requesting the signature of both spouses to create a valid lien,
pass clear title, or waive inchoate rights to property.
(D) The rights granted by this section may be enforced by
aggrieved individuals by filing a civil action in a court of
common pleas within one hundred eighty days after the alleged
unlawful discriminatory practice occurred. Upon application
by the plaintiff and in
circumstances that the court considers just, the
court in
which a civil action under this section is brought may appoint an
attorney for the plaintiff and may authorize the commencement of
a civil action upon proper showing without the payment of costs.
If the court finds that an unlawful discriminatory practice
prohibited by this section
occurred or is about to occur, the court may grant relief
that it considers appropriate, including a permanent or temporary
injunction, temporary restraining order, or other order, and may
award to the plaintiff compensatory and punitive damages
of not less
than one hundred dollars, together with attorney's fees and court
costs.
(E) Nothing contained in this section shall bar a creditor
from reviewing an application for credit on the basis of
established criteria used in the normal course of business for
the determination of the credit worthiness of the individual
applicant for credit, including the credit history of the
applicant.
Sec. 4112.023. The decision of Fisher v. Peters, 249 F.3d 433 (6th Cir. 2001), which held that if a person's civilian job is inherently military, the person must pursue military, rather than civilian, channels when pursuing employment discrimination claims, shall be applied when construing the prohibitions contained in this chapter against discrimination on the basis of a person's military status.
Sec. 4112.04. (A) The commission shall do all of the
following:
(1) Establish and maintain a principal office in the city
of Columbus and any other offices within the state that it
considers necessary;
(2) Appoint an executive director who shall serve at the
pleasure of the commission and be its principal administrative
officer. The executive director shall be paid a salary fixed
pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and
agents who it considers necessary and prescribe their duties
subject to Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to
effectuate the provisions of this chapter and the policies and
practice of the commission in connection with this chapter;
(5) Formulate policies to effectuate the purposes of this
chapter and make recommendations to agencies and officers of the
state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges
made under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of
discrimination because of race, color, religion, sex, military status, familial
status, national origin, disability, age, or ancestry
on the
enjoyment of civil rights by persons within the state;
(8) Report, from time to time, but not less than once a
year, to the general assembly and the governor, describing in
detail the investigations, proceedings, and hearings it has
conducted and their outcome, the decisions it has rendered, and
the other work performed by it, which report shall include a copy
of any surveys prepared pursuant to division (A)(7) of this
section and shall include the recommendations of the commission
as to legislative or other remedial action;
(9) Prepare a comprehensive educational program, in
cooperation with the department of education, for the students of
the public schools of this state and for all other residents of
this state that is designed to eliminate prejudice on the basis
of race, color, religion, sex, military status, familial status, national origin,
disability, age, or ancestry in this state, to further
good will
among those groups, and to emphasize the origin of prejudice
against those groups, its harmful effects, and its
incompatibility with American principles of equality and fair
play;
(10) Receive progress reports from agencies,
instrumentalities, institutions, boards, commissions, and other
entities of this state or any of its political subdivisions and
their agencies, instrumentalities, institutions, boards,
commissions, and other entities regarding affirmative action
programs for the employment of persons against whom
discrimination is prohibited by this chapter, or regarding any
affirmative housing accommodations programs developed to
eliminate or reduce an imbalance of race, color, religion, sex, military status,
familial status, national origin, disability, or
ancestry. All
agencies, instrumentalities, institutions, boards, commissions,
and other entities of this state or its political subdivisions,
and all political subdivisions, that have undertaken affirmative
action programs pursuant to a conciliation agreement with the
commission, an executive order of the governor, any federal
statute or rule, or an executive order of the president of the
United States shall file progress reports with the commission
annually on or before the first day of November. The commission
shall analyze and evaluate the progress reports and report its
findings annually to the general assembly on or before the
thirtieth day of January of the year immediately following the
receipt of the reports.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion
investigations of problems of employment or housing
accommodations discrimination;
(3) Hold hearings, subpoena witnesses, compel their
attendance, administer oaths, take the testimony of any person
under oath, require the production for examination of any books
and papers relating to any matter under investigation or in
question before the commission, and make rules as to the issuance
of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the
commission shall have access at all reasonable times to premises,
records, documents, individuals, and other evidence or possible
sources of evidence and may examine, record, and copy the
premises, records, documents, and other evidence or possible
sources of evidence and take and record the testimony or
statements of the individuals as reasonably necessary for the
furtherance of the hearing or investigation. In investigations,
the commission shall comply with the fourth amendment to the
United States Constitution relating to unreasonable searches and
seizures. The commission or a member of the commission may issue
subpoenas to compel access to or the production of premises,
records, documents, and other evidence or possible sources of
evidence or the appearance of individuals, and may issue
interrogatories to a respondent, to the same extent and subject
to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in
a court of common pleas.
(b) Upon written application by a respondent, the
commission shall issue subpoenas in its name to the same extent
and subject to the same limitations as subpoenas issued by the
commission. Subpoenas issued at the request of a respondent
shall show on their face the name and address of the respondent
and shall state that they were issued at the respondent's
request.
(c) Witnesses summoned by subpoena of the commission are
entitled to the same witness and mileage fees as are witnesses in
proceedings in a court of common pleas.
(d) Within five days after service of a subpoena upon any
person, the person may petition the commission to revoke or
modify the subpoena. The commission shall grant the petition if
it finds that the subpoena requires an appearance or attendance
at an unreasonable time or place, that it requires production of
evidence that does not relate to any matter before the
commission, that it does not describe with sufficient
particularity the evidence to be produced, that compliance would
be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena,
the commission or person at whose request it was issued may
petition for its enforcement in the court of common pleas in the
county in which the person to whom the subpoena was addressed
resides, was served, or transacts business.
(4) Create local or statewide advisory agencies and
conciliation councils to aid in effectuating the purposes of this
chapter. The commission may itself, or it may empower these
agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or
specific fields of human relationships when based on race, color,
religion, sex, military status, familial status, national origin,
disability, age,
or ancestry;
(b) Foster through community effort, or otherwise, good
will among the groups and elements of the population of the
state.
The agencies and councils may make recommendations to the
commission for the development of policies and procedures in
general. They shall be composed of representative citizens who
shall serve without pay, except that reimbursement for actual and
necessary traveling expenses shall be made to citizens who serve
on a statewide agency or council.
(5) Issue any publications and the results of
investigations and research that in its judgment will tend to
promote good will and minimize or eliminate discrimination
because of race, color, religion, sex, military status, familial status, national
origin, disability, age, or ancestry.
Sec. 4112.05. (A) The commission, as provided in this
section, shall prevent any person from engaging in unlawful
discriminatory practices, provided that, before instituting the
formal hearing authorized by division (B) of this section, it
shall attempt, by informal methods of conference, conciliation,
and persuasion, to induce compliance with this chapter.
(B)(1) Any person may file a charge with the commission
alleging that another person has engaged or is engaging in an
unlawful discriminatory practice. In the case of a charge
alleging an unlawful discriminatory practice described in
division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of
section 4112.02 or in section 4112.021 or 4112.022 of the Revised
Code, the charge shall be in writing and under oath and shall be
filed with the commission within six months after the alleged
unlawful discriminatory practice was committed. In the case of a
charge alleging an unlawful discriminatory practice described in
division (H) of section 4112.02 of the Revised Code, the charge
shall be in writing and under oath and shall be filed with the
commission within one year after the alleged unlawful
discriminatory practice was committed.
(2) Upon receiving a charge, the commission may initiate a
preliminary investigation to determine whether it is probable
that an unlawful discriminatory practice has been or is being
engaged in. The commission also may conduct, upon its own
initiative and independent of the filing of any charges, a
preliminary investigation relating to any of the unlawful
discriminatory practices described in division (A), (B), (C),
(D), (E), (F), (I), or (J) of section 4112.02 or in section
4112.021 or 4112.022 of the Revised Code. Prior to a
notification of a complainant under division (B)(4) of this
section or prior to the commencement of informal methods of
conference, conciliation, and persuasion under that division, the
members of the commission and the officers and employees of the
commission shall not make public in any manner and shall retain
as confidential all information that was obtained as a result of
or that otherwise pertains to a preliminary investigation other
than one described in division (B)(3) of this section.
(3)(a) Unless it is impracticable to do so and subject to
its authority under division (B)(3)(d) of this section, the
commission shall complete a preliminary investigation of a charge
filed pursuant to division (B)(1) of this section that alleges an
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code, and shall take one of the
following actions, within one hundred days after the filing of
the charge:
(i) Notify the complainant and the respondent that it is
not probable that an unlawful discriminatory practice described
in division (H) of section 4112.02 of the Revised Code has been
or is being engaged in and that the commission will not issue a
complaint in the matter;
(ii) Initiate a complaint and schedule it for informal
methods of conference, conciliation, and persuasion;
(iii) Initiate a complaint and refer it to the attorney
general with a recommendation to seek a temporary or permanent
injunction or a temporary restraining order. If this action is
taken, the attorney general shall apply, as expeditiously as
possible after receipt of the complaint, to the court of common
pleas of the county in which the unlawful discriminatory practice
allegedly occurred for the appropriate injunction or order, and
the court shall hear and determine the application as
expeditiously as possible.
(b) If it is not practicable to comply with the
requirements of division (B)(3)(a) of this section within the
one-hundred-day period described in that division, the commission
shall notify the complainant and the respondent in writing of the
reasons for the noncompliance.
(c) Prior to the issuance of a complaint under division
(B)(3)(a)(ii) or (iii) of this section or prior to a notification
of the complainant and the respondent under division (B)(3)(a)(i)
of this section, the members of the commission and the officers
and employees of the commission shall not make public in any
manner and shall retain as confidential all information that was
obtained as a result of or that otherwise pertains to a
preliminary investigation of a charge filed pursuant to division
(B)(1) of this section that alleges an unlawful discriminatory
practice described in division (H) of section 4112.05 of the
Revised Code.
(d) Notwithstanding the types of action described in
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the
issuance of a complaint or the referral of a complaint to the
attorney general and prior to endeavoring to eliminate an
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code by informal methods of
conference, conciliation, and persuasion, the commission may seek
a temporary or permanent injunction or a temporary restraining
order in the court of common pleas of the county in which the
unlawful discriminatory practice allegedly occurred.
(4) If the commission determines after a preliminary
investigation other than one described in division (B)(3) of this
section that it is not probable that an unlawful discriminatory
practice has been or is being engaged in, it shall notify any
complainant under division (B)(1) of this section that it has so
determined and that it will not issue a complaint in the matter.
If the commission determines after a preliminary investigation
other than the one described in division (B)(3) of this section
that it is probable that an unlawful discriminatory practice has
been or is being engaged in, it shall endeavor to eliminate the
practice by informal methods of conference, conciliation, and
persuasion.
(5) Nothing said or done during informal methods of
conference, conciliation, and persuasion under this section shall
be disclosed by any member of the commission or its staff or be
used as evidence in any subsequent hearing or other proceeding.
If, after a preliminary investigation and the use of informal
methods of conference, conciliation, and persuasion under this
section, the commission is satisfied that any unlawful
discriminatory practice will be eliminated, it may treat the
charge involved as being conciliated and enter that disposition
on the records of the commission. If the commission fails to
effect the elimination of an unlawful discriminatory practice by
informal methods of conference, conciliation, and persuasion
under this section and to obtain voluntary compliance with this
chapter, the commission shall issue and cause to be served upon
any person, including the respondent against whom a complainant
has filed a charge pursuant to division (B)(1) of this section, a
complaint stating the charges involved and containing a notice of
an opportunity for a hearing before the commission, a member of
the commission, or a hearing examiner at a place that is stated
in the notice and that is located within the county in which the
alleged unlawful discriminatory practice has occurred or is
occurring or in which the respondent resides or transacts
business. The hearing shall be held not less than thirty days
after the service of the complaint upon the complainant, the
aggrieved persons other than the complainant on whose behalf the
complaint is issued, and the respondent, unless the complainant,
an aggrieved person, or the respondent elects to proceed under
division (A)(2) of section 4112.051 of the Revised Code when that
division is applicable. If a complaint pertains to an alleged
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code, the complaint shall notify
the complainant, an aggrieved person, and the respondent of the
right of the complainant, an aggrieved person, or the respondent
to elect to proceed with the administrative hearing process under
this section or to proceed under division (A)(2) of section
4112.051 of the Revised Code.
(6) The attorney general shall represent the commission at
any hearing held pursuant to division (B)(5) of this section and
shall present the evidence in support of the complaint.
(7) Any complaint issued pursuant to division (B)(5) of
this section after the filing of a charge under division (B)(1)
of this section shall be so issued within one year after the
complainant filed the charge with respect to an alleged unlawful
discriminatory practice.
(C) Any complaint issued pursuant to division (B) of this
section may be amended by the commission, a member of the
commission, or the hearing examiner conducting a hearing under
division (B) of this section, at any time prior to or during the
hearing. The respondent has the right to file an answer or an
amended answer to the original and amended complaints and to
appear at the hearing in person, by attorney, or otherwise to
examine and cross-examine witnesses.
(D) The complainant shall be a party to a hearing under
division (B) of this section, and any person who is an
indispensable party to a complete determination or settlement of
a question involved in the hearing shall be joined. Any person
who has or claims an interest in the subject of the hearing and
in obtaining or preventing relief against the unlawful
discriminatory practices complained of may be permitted, in the
discretion of the person or persons conducting the hearing, to
appear for the presentation of oral or written arguments.
(E) In any hearing under division (B) of this section, the
commission, a member of the commission, or the hearing examiner
shall not be bound by the Rules of Evidence but, in ascertaining
the practices followed by the respondent, shall take into account
all reliable, probative, and substantial statistical or other
evidence produced at the hearing that may tend to prove the
existence of a predetermined pattern of employment or membership,
provided that nothing contained in this section shall be
construed to authorize or require any person to observe the
proportion that persons of any race, color, religion, sex, military status,
familial status, national origin, disability, age, or
ancestry bear
to the total population or in accordance with any criterion other
than the individual qualifications of the applicant.
(F) The testimony taken at a hearing under division (B) of
this section shall be under oath and shall be reduced to writing
and filed with the commission. Thereafter, in its discretion,
the commission, upon the service of a notice upon the complainant
and the respondent that indicates an opportunity to be present,
may take further testimony or hear argument.
(G)(1) If, upon all reliable, probative, and substantial
evidence presented at a hearing under division (B) of this
section, the commission determines that the respondent has
engaged in, or is engaging in, any unlawful discriminatory
practice, whether against the complainant or others, the
commission shall state its findings of fact and conclusions of
law and shall issue and, subject to the provisions of Chapter
119. of the Revised Code, cause to be served on the respondent an
order requiring the respondent to cease and desist from the
unlawful discriminatory practice, requiring the respondent to
take any further affirmative or other action that will effectuate
the purposes of this chapter, including, but not limited to,
hiring, reinstatement, or upgrading of employees with or without
back pay, or admission or restoration to union membership, and
requiring the respondent to report to the commission the manner
of compliance. If the commission directs payment of back pay, it
shall make allowance for interim earnings. If it finds a
violation of division (H) of section 4112.02 of the Revised Code,
the commission additionally shall require the respondent to pay
actual damages and reasonable attorney's fees, and may award to
the complainant punitive damages as follows:
(a) If division (G)(1)(b) or (c) of this section does not
apply, punitive damages in an amount not to exceed ten thousand
dollars;
(b) If division (G)(1)(c) of this section does not apply
and if the respondent has been determined by a final order of the
commission or by a final judgment of a court to have committed
one violation of division (H) of section 4112.02 of the Revised
Code during the five-year period immediately preceding the date
on which a complaint was issued pursuant to division (B) of this
section, punitive damages in an amount not to exceed twenty-five
thousand dollars;
(c) If the respondent has been determined by a final order
of the commission or by a final judgment of a court to have
committed two or more violations of division (H) of section
4112.02 of the Revised Code during the seven-year period
immediately preceding the date on which a complaint was issued
pursuant to division (B) of this section, punitive damages in an
amount not to exceed fifty thousand dollars.
(2) Upon the submission of reports of compliance, the
commission may issue a declaratory order stating that the
respondent has ceased to engage in particular unlawful
discriminatory practices.
(H) If the commission finds that no probable cause exists
for crediting charges of unlawful discriminatory practices or if,
upon all the evidence presented at a hearing under division (B)
of this section on a charge, the commission finds that a
respondent has not engaged in any unlawful discriminatory
practice against the complainant or others, it shall state its
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the complaint as to the
respondent. A copy of the order shall be delivered in all cases
to the attorney general and any other public officers whom the
commission considers proper.
(I) Until the time period for appeal set forth in division
(H) of section 4112.06 of the Revised Code expires, the
commission, subject to the provisions of Chapter 119. of the
Revised Code, at any time, upon reasonable notice, and in the
manner it considers proper, may modify or set aside, in whole or
in part, any finding or order made by it under this section.
Sec. 4112.08. This chapter shall be construed liberally
for the accomplishment of its purposes, and any law inconsistent
with any provision of this chapter shall not apply. Nothing
contained in this chapter shall be considered to repeal any of
the provisions of any law of this state relating to
discrimination because of race, color, religion, sex, military status, familial
status, disability, national origin, age, or ancestry,
except that
any person filing a charge under division (B)(1) of section
4112.05 of the Revised Code, with respect to the unlawful
discriminatory practices complained of, is barred from instituting a
civil action under section 4112.14 or division (N) of section
4112.02 of the Revised Code.
Sec. 4117.19. (A) Every employee organization that is
certified or recognized as a representative of public employees
under Chapter 4117. of the Revised Code this chapter shall file with the state
employment relations board a registration report that is signed by its
president or other appropriate officer. The report shall be in a
form prescribed by the board and accompanied by two copies of the
employee organization's constitution and bylaws. The board shall
accept a filing by a statewide, national, or international
employee organization of its constitution and bylaws in lieu of a
filing of the documents by each subordinate organization.
The exclusive representative or other employee organization
originally filing its constitution and bylaws shall report,
promptly, to the board all changes or amendments to its
constitution and bylaws.
(B) Every employee organization shall file with the board
an annual report. The report shall be in a form prescribed by
the board and shall contain the following information:
(1) The names and addresses of the organization, any
parent organization or organizations with which it is affiliated,
and all organizationwide officers;
(2) The name and address of its local agent for service of
process;
(3) A general description of the public employees the
organization represents or seeks to represent;
(4) The amounts of the initiation fee and monthly dues
members must pay;
(5) A pledge, in a form prescribed by the board, that the
organization will comply with the laws of the state and that it
will accept members without regard to age, race, color, sex,
creed, religion, ancestry, national origin, disability as
defined in section 4112.01 of the Revised Code, military status as defined in that section, or physical
disability as provided by law:
(C) The constitution or bylaws of every employee
organization shall do all of the following:
(1) Require that the organization keep accurate accounts
of all income and expenses, prepare an annual financial report,
keep open for inspection by any member of the organization its
accounts, and make loans to officers and agents only on terms and
conditions available to all members;
(2) Prohibit business or financial interests of its
officers and agents, their spouses, minor children, parents, or
otherwise, in conflict with the fiduciary obligation of such
persons to the organization;
(3) When specifically requested by the board, require
every official who is designated as a fiscal officer of an
employee organization and who is responsible for funds or other
property of the organization or trust in which an organization is
interested, or a subsidiary organization be bonded with the
amount, scope, and form of the bond determined by the board;
(4) Require periodic elections of officers by secret
ballot subject to recognized safeguards concerning the equal
right of all members to nominate, seek office, and vote in the
elections, the right of individual members to participate in the
affairs of the organization, and fair and equitable procedures in
disciplinary actions.
(D) The board shall prescribe rules necessary to govern
the establishment and reporting of trusteeships over employee
organizations. The establishment of trusteeships is permissible
only if the constitution or bylaws of the organization set forth
reasonable procedures.
(E) The board may withhold certification of an employee
organization that willfully refuses to register or file an annual
report or that willfully refuses to comply with other provisions
of this section. The board may revoke a certification of an
employee organization for willfully failing to comply with this
section. The board may enforce the prohibitions contained in
this section by petitioning the court of common pleas of the
county in which the violation occurs for an injunction. Persons
complaining of a violation of this section shall file the complaint
with the board.
(F) Upon the written request to the board of any member of
a certified employee organization and where the board determines
the necessity for an audit, the board may require the employee
organization to provide a certified audit of its financial
records.
(G) Any employee organization subject to the
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.
519, 29 U.S.C.A., 401, as amended, may file copies with the board
of all reports it is required to file under that act in lieu of
compliance with all parts of this section other than division (A)
of this section. The board shall accept a filing by a statewide,
national, or international employee organization of its reports
in lieu of a filing of such reports by each subordinate
organization.
Sec. 4735.16. (A) Every real estate broker licensed under
this chapter shall have and maintain a definite place of business
in this state and shall erect or maintain a sign on the premises
plainly stating that the licensee is a real estate broker. If
the real estate broker maintains one or more branch offices, the
real estate broker shall erect or maintain a sign at each branch office
plainly stating that the licensee is a real estate broker.
(B)(1) Any licensed real estate broker or salesperson who
advertises to buy, sell, exchange, or lease real estate, or to engage in
any act regulated by this chapter, including, but not limited to,
any licensed real estate broker or
salesperson who advertises to sell, exchange, or lease
real estate
that the licensee owns, shall be identified in the
advertisement by name
and by indicating that the licensee is a real estate broker
or real estate
salesperson. Except a real estate
salesperson who advertises the sale,
exchange, or lease of real estate that the salesperson owns
and that is not listed for sale, exchange, or lease with a real estate broker,
any real estate salesperson who advertises, as provided
in this
section, also shall indicate in the advertisement the name
of the
broker under whom the salesperson is licensed and the fact
that the salesperson's broker is
a real estate broker. The name of the broker shall be displayed
in equal prominence with the name of the salesperson in
the advertisement.
(2) A real estate broker who is representing a seller under an exclusive right to sell or lease listing agreement shall not advertise such property to the public as "for sale by owner" or otherwise mislead the public to believe that the seller is not represented by a real estate broker.
(3) If any real estate broker or real estate
salesperson
advertises in a manner other than as provided in this section or the rules
adopted under this section, that
advertisement is prima- facie prima-facie evidence of a violation
under division
(A)(21) of section 4735.18 of the
Revised Code.
When the superintendent determines that prima-facie evidence of a violation
of division (A)(21) of
section 4735.18 of the Revised Code or any of the rules
adopted thereunder exists, the superintendent may do either of the
following:
(a) Initiate disciplinary action under section 4735.051 of the
Revised Code for
a violation of division
(A)(21) of section 4735.18 of the
Revised Code, in accordance with Chapter 119. of
the Revised Code;
(b) Personally, or by certified mail, serve a citation upon the
licensee.
(C)(1) Every citation served under this section shall give notice
to
the licensee of the alleged violation or violations charged and inform
the licensee of the opportunity to request a hearing in accordance with
Chapter 119. of the Revised Code. The citation
also shall
contain a statement of a fine of two hundred dollars per
violation, not to exceed two thousand five hundred dollars per
citation. All fines collected pursuant to this section shall be credited to
the real estate recovery fund, created in the state treasury under section
4735.12 of the Revised Code.
(2) If any licensee is cited three times within twelve
consecutive months, the superintendent shall initiate disciplinary
action pursuant to section 4735.051 of the Revised Code for any subsequent violation that
occurs within the same
twelve-month period.
(3) If a licensee fails to request a hearing within thirty days of
the date of service of the citation, or the licensee and the
superintendent fail to reach an alternative agreement, the citation
shall become final.
(4) Unless otherwise indicated, the licensee named in a final
citation must meet all requirements contained in the final citation
within thirty days of the effective date of that citation.
(5) The superintendent shall suspend automatically a licensee's
license if the licensee fails to comply with division (C)(4) of
this section.
(D) A real estate broker or salesperson obtaining the
signature of a party to a listing or other agreement involved in
a real estate transaction shall furnish a copy of the listing or
other agreement to the party immediately after obtaining the
party's signature. Every broker's office shall prominently display in
the same immediate area as licenses are displayed a statement
that it is illegal to discriminate against any person because of
race, color, religion, sex, familial status as defined in
section 4112.01 of the Revised Code, national origin, military status as defined in that section,
disability
as defined in that section, or ancestry in the sale or rental of
housing or residential lots, in advertising the sale or rental of
housing, in the financing of housing, or in the provision of real
estate brokerage services and that blockbusting also is illegal.
The statement shall bear the United States department of housing
and urban development equal housing logo, shall contain
the information that the broker and the broker's
salespersons are licensed by the division of real estate and professional licensing and that the
division can assist with any consumer complaints or inquiries, and shall
explain the
provisions of section 4735.12 of the Revised Code. The statement
shall provide the division's address and telephone number. The
Ohio real estate commission shall provide by rule for the wording
and size of the statement. The pamphlet required under section
4735.03 of the Revised Code shall contain the same statement that
is required on the statement displayed as provided in this
section and shall be made available by real estate brokers and
salespersons to their clients. The commission shall
provide the wording and size of the pamphlet.
Sec. 4735.55. (A) Each written agency agreement shall contain all of the
following:
(2) A statement that it is illegal, pursuant to the Ohio fair housing law,
division (H) of section 4112.02 of the Revised Code, and the federal
fair
housing law, 42 U.S.C.A. 3601, to refuse to sell, transfer, assign, rent,
lease, sublease,
or finance housing accommodations, refuse to negotiate
for the sale or rental of housing accommodations, or otherwise
deny or make unavailable housing accommodations because of race,
color, religion, sex, familial status as defined in section 4112.01
of the Revised Code, ancestry, military status as defined in that section, disability as defined in that
section, or
national origin or to so discriminate in advertising the sale
or rental of housing, in the financing of housing, or in the
provision of real estate brokerage services;
(3) A statement defining the practice known as "blockbusting" and stating
that it is illegal;
(4) A copy of the United States department of housing and urban development
equal housing opportunity logotype, as set forth in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place for the
licensee and the client to sign and date the agreement.
(C) A licensee shall
furnish a copy of any written agency agreement to a client in a
timely manner after the licensee and the client have signed and dated it.
Section 2. That existing sections 124.93, 125.111, 153.59, 153.591, 176.04, 176.06, 717.01, 1751.18, 2927.03, 3905.55, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, and 4735.55 of the Revised Code are hereby repealed.
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