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Am. Sub. H. B. No. 176 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Stewart, McGregor
Cosponsors:
Representatives Skindell, Celeste, Letson, Garland, Blair, Foley, Yuko, Heard, Williams, S., Harris, Harwood, Carney, Chandler, Boyd, Hagan, Ujvagi, Koziura, Winburn, Luckie, Williams, B., Mallory, Sykes, Yates, Brown, Driehaus, Gerberry, Lundy, Bolon, Dyer, Garrison, Murray, Otterman, Pillich, Slesnick, Szollosi, Weddington
A BILL
To amend sections 9.03, 124.93, 125.111, 340.12,
511.03, 717.01,
1501.012, 1751.18, 2927.03,
3113.36,
3301.53,
3304.14, 3304.50, 3313.481,
3314.06,
3332.09,
3721.13, 3905.55, 4111.17,
4112.01,
4112.02,
4112.021, 4112.04, 4112.05,
4112.08,
4117.19,
4735.16, 4735.55, 4757.07,
4758.16,
4765.18,
5104.09, 5107.26, 5111.31,
5119.61,
5123.351,
5126.07, 5515.08, and
5709.832 of the
Revised
Code to prohibit
discrimination on the
basis of
sexual
orientation or gender identity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.03, 124.93, 125.111, 340.12,
511.03, 717.01, 1501.012,
1751.18,
2927.03, 3113.36, 3301.53,
3304.14, 3304.50,
3313.481, 3314.06,
3332.09, 3721.13, 3905.55,
4111.17, 4112.01,
4112.02, 4112.021,
4112.04, 4112.05, 4112.08,
4117.19, 4735.16,
4735.55, 4757.07,
4758.16, 4765.18, 5104.09,
5107.26, 5111.31,
5119.61, 5123.351,
5126.07, 5515.08, and
5709.832 of the Revised
Code be amended to
read as follows:
Sec. 9.03. (A) As used in this section,
"political
subdivision" means any body corporate and politic, except a
municipal corporation that has adopted a charter under Section 7
of
Article XVIII, Ohio Constitution, and
except a county that has
adopted a charter under Sections 3 and 4 of
Article X, Ohio
Constitution, to which
both of
the following apply:
(1) It is responsible for governmental activities only in a
geographic
area smaller than the state.
(2) It is subject to the sovereign immunity of the state.
(B) Except as otherwise provided in
division (C) of this
section, the governing body of a political
subdivision may use
public
funds to publish and distribute newsletters, or to use any
other means, to
communicate information about the plans, policies,
and operations of the
political subdivision to members of the
public within the
political subdivision and to other persons who
may be affected by the
political subdivision.
(C) Except as otherwise provided in division (A)(7) of
section 340.03 or division (A)(12) of section 340.033 of the
Revised Code, no
governing body of a political subdivision shall
use public funds to do any of
the following:
(1) Publish, distribute, or otherwise communicate
information
that does
any of the following:
(a) Contains defamatory, libelous, or obscene matter;
(b) Promotes alcoholic beverages, cigarettes or other
tobacco
products, or any illegal product, service, or activity;
(c) Promotes illegal discrimination on the basis of sexual
orientation or gender identity as those terms are
defined in
section 4112.01 of the Revised Code,
race,
color,
religion,
national origin, handicap, age, or
ancestry;
(d) Supports or opposes any labor organization or any action
by,
on behalf of, or against any labor organization;
(e) Supports or
opposes the nomination or election of a
candidate for public office, the
investigation, prosecution, or
recall of a public official, or the passage of
a levy or bond
issue.
(2) Compensate any employee of the
political subdivision for
time spent on any activity to influence the outcome of an election
for any of
the purposes described in division (C)(1)(e) of this
section. Division (C)(2) of this section does not prohibit the
use
of public funds to compensate an employee of a political
subdivision for
attending a public meeting to present information
about the political
subdivision's finances, activities, and
governmental actions in a manner that
is not designed to influence
the outcome of an election or the passage of a
levy or bond issue,
even though the election, levy, or bond issue is discussed
or
debated at the meeting.
(D) Nothing in this section prohibits or
restricts any
political subdivision
from sponsoring, participating in, or doing
any of the following:
(1) Charitable or public service
advertising that is not
commercial in nature;
(2) Advertising of exhibitions, performances, programs,
products,
or
services that are provided by employees of a
political subdivision or
are
provided at or through premises owned
or operated by a political subdivision;
(3) Licensing an interest in a name or mark that is owned or
controlled by
the political subdivision.
(E) As used in this section, "cigarettes" and "tobacco
product"
have the same
meanings as in section 5743.01 of the
Revised Code.
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, or national
origin,;
disability, sexual orientation, gender identity, or
military status as
those terms are 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, or
age,;
disability, sexual orientation, gender identity, or
military
status, as those terms
are 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, or age,; disability, sexual
orientation, gender identity, or military
status,
as those terms
are 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. 340.12. No board of alcohol, drug addiction, and
mental
health services or any agency, corporation, or association
under
contract with such a board shall discriminate in the
provision of
services under its authority, in employment, or
contract on the
basis of sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, color,
sex, creed, disability, or
national
origin.
Each board, each community mental health agency, and each
alcohol and drug addiction program shall have a written
affirmative action program. The affirmative action program shall
include goals for the employment and effective utilization of,
including contracts with, members of economically disadvantaged
groups as defined in division (E)(1) of section 122.71 of the
Revised Code in percentages reflecting as nearly as possible the
composition of the alcohol, drug addiction, and mental health
service district served by the board. Each board, agency, and
program shall file a description of the affirmative action
program
and a progress report on its implementation with the
department of
mental health or the department of alcohol and drug
addiction
services.
Sec. 511.03. After an affirmative vote in an election held
under sections 511.01 and 511.02 of the Revised Code, the board
of
township trustees may make all contracts necessary for the
purchase of a site, and the erection, improvement, or enlargement
of such building. The board shall have control of any town hall
belonging to the township, and it may rent or lease all or part
of
any hall, lodge, or recreational facility belonging to the
township, to any person or organization under terms the board
considers proper, for which all rent shall be paid in advance or
fully secured. In establishing the terms of any rental agreement
or lease pursuant to this section, the board of township trustees
may give preference to persons who are residents of or
organizations that are headquartered in the township or that are
charitable or fraternal in nature. All persons or organizations
shall be treated on a like or similar basis, and no
differentiation shall be made on the basis of sexual orientation
or gender identity
as those terms are defined in
section 4112.01
of the Revised Code, race, color,
religion,
national origin, sex,
or political affiliation. The
rents received
for such facilities
may be used for their repair
or
improvement,
and any balance
shall be used for general
township
purposes.
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, or 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, or sexual orientation, or gender
identity, as those terms
are defined in section
4112.01 of the
Revised Code;
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, or
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, sexual orientation, or gender identity, as
those terms
are defined in section 4112.01 of
the Revised Code;
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. 1501.012. (A) The director of natural resources may
lease lands in state parks, as defined in section 1501.07 of the
Revised Code, and contract for the construction and operation of
public service facilities, as mentioned in that section, and for
major renovation or remodeling of existing public service
facilities by the lessees on those lands. If the director
determines that doing so would be consistent with long-range
planning of the department of natural resources and in the best
interests of the department and the division of parks and
recreation in the department, the director shall negotiate
and
execute a
lease and contract for those purposes in accordance with
this
chapter except as otherwise provided in this section.
(B) With the approval of the recreation and resources
council
created under section 1501.04 of the Revised
Code, the
director
shall draft a statement of intent describing any public
service
facility that the department wishes to have constructed
in
accordance with this section and establishing a procedure for
the
submission of proposals for providing the facility,
including, but
not limited to, a requirement
that each
prospective bidder or
lessee of land shall submit with the
proposal a completed
questionnaire and financial statement, on
forms prescribed and
furnished by the department, to enable the
department to ascertain
the person's financial worth and
experience in maintaining and
operating facilities similar or
related to the public service
facility in question. The
completed questionnaire and financial
statement shall be verified
under oath by the prospective bidder
or lessee. Questionnaires
and financial statements submitted under
this division are
confidential and are not open to public
inspection. Nothing in
this division shall be construed to prevent
use of or reference
to questionnaires and financial statements in
a civil action or
criminal prosecution commenced by the state.
The director shall publish the statement of intent in at
least three daily newspapers of general circulation in the state
at least once each week for four consecutive weeks. The
director
then shall accept proposals in response to the
statement of
intent
for
at least thirty days following the final publication of the
statement. At the end of the period during which proposals may
be
submitted under this division, the director shall select the
proposal that the director determines best complies with the
statement of intent and may negotiate a lease and contract with
the person
that submitted that proposal.
(C) Any lease and contract negotiated under this section
shall include in its terms and conditions all of the following:
(1) The legal description of the leasehold;
(2) The duration of the lease and contract, which shall
not
exceed forty years, and a requirement that the lease and
contract
be nonrenewable;
(3) A requirement that the lessee maintain in full force
and
effect during the term of the lease and contract
comprehensive
liability insurance for injury, death, or loss to
persons or
property and fire casualty insurance for the public
service
facility and all its structures in an amount established
by the
director and naming the department as an additional
insured;
(4) A requirement that the lessee maintain in full force
and
effect suitable performance bonds or other adequate security
pertaining to the construction and operation of the public
service
facility;
(5) Detailed plans and specifications controlling the
construction of the public service facility that shall include all
of the
following:
(a) The size and capacity of the facility;
(b) The type and quality of construction;
(c) Other criteria that the
department considers
necessary
and advisable.
(6) The manner of rental payment;
(7) A stipulation that the director shall have control and
supervision over all of the following:
(a) The operating season of the public service facility;
(b) The facility's hours of operation;
(c) The maximum rates to be charged guests using the
facility;
(d) The facility's sanitary conditions;
(e) The quality of food and service furnished the guests
of
the facility;
(f) The lessee's general and structural maintenance
responsibilities at the facility.
(8) The disposition of the leasehold and improvements at
the
expiration of the lease and contract;
(9) A requirement that the public service facility be
available to all members of the public without regard to sex,
race, color, creed, ancestry, or national origin,; or
disability,
sexual orientation, or gender identity, as those
terms are
defined in section
4112.01
of the Revised
Code;
(10) Other terms and conditions
that the director
considers
necessary and advisable to carry out the purposes of
this section.
(D) The attorney general shall approve the form of the
lease
and contract prior to its execution by the director.
(E) The authority granted in this section to the director
is
in addition and supplemental to any other authority granted the
director under state law.
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,
sexual orientation, or gender identity
as those
terms are
defined in section
4112.01 of the Revised Code, or
status as a
recipient of
medicare
or medicaid, 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,
national origin, or ancestry; or
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, gender identity, or
ancestry sexual
orientation, as
those terms are
defined in section 4112.01 of the
Revised Code,
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, national origin, or ancestry; or 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, gender identity, or
ancestry, sexual
orientation, as those terms are
defined in
section 4112.01 of the
Revised Code, 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, national
origin, or ancestry; or
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,
gender identity,
or
ancestry, sexual
orientation,
as those
terms are defined in
section 4112.01 of the
Revised
Code, 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. 3113.36. (A) To qualify for funds under section
3113.35
of the Revised Code, a shelter for victims of domestic
violence
shall meet all of the following requirements:
(1) Be incorporated in this state as a nonprofit
corporation;
(2) Have trustees who represent the racial, ethnic, and
socioeconomic diversity of the community to be served, including
at least one person who is or has been a victim of domestic
violence;
(3) Receive at least twenty-five per cent of its funds
from
sources other than funds distributed pursuant to section
3113.35
of the Revised Code. These other sources may be public
or private,
and may include funds distributed pursuant to section
3113.37 of
the Revised Code, and contributions of goods or
services,
including materials, commodities, transportation, office
space, or
other types of facilities or personal services.
(4) Provide residential service or facilities for children
when accompanied by a parent, guardian, or custodian who is a
victim of domestic violence and who is receiving temporary
residential service at the shelter;
(5) Require persons employed by or volunteering services
to
the shelter to maintain the confidentiality of any information
that would identify individuals served by the shelter.
(B) A shelter for victims of domestic violence does not
qualify for funds if it discriminates in its admissions or
provision of services on the basis of sexual orientation or gender
identity as those terms are
defined in section
4112.01 of the
Revised Code, race, religion,
color, age,
marital
status,
national origin, or ancestry. A
shelter does not
qualify
for
funds in the second half of any year
if its
application
projects
the provision of residential service
and
such service
has not
been provided in the first half of that
year; such a
shelter does
not qualify for funds in the following
year.
Sec. 3301.53. (A) The state
board of education, in
consultation with the director of job and
family
services, shall
formulate and prescribe by rule adopted
under
Chapter 119. of the
Revised Code minimum standards to be
applied
to preschool programs
operated by school district boards
of
education, county MR/DD
boards, or eligible nonpublic
schools.
The rules
shall include
the following:
(1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of sexual orientation or gender identity as those
terms are defined in section 4112.01
of the
Revised Code, age,
color, national origin, race,
or sex;
and
that
preschool staff
members and nonteaching
employees are
assigned
responsibilities
in accordance with
written position
descriptions
commensurate
with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program
demonstrate a need for a preschool
program prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years.
(C) The state board of
education, in consultation with the
director of
job and family
services,
shall adopt rules for school
child programs that are
consistent
with and meet or exceed the
requirements of the rules
adopted for
school child day-care
centers under Chapter 5104. of
the Revised
Code.
Sec. 3304.14. The
governor shall appoint an
administrator
of the rehabilitation
services commission to serve at the
pleasure of the
governor and shall fix
the administrator's
compensation. The
administrator shall
devote the administrator's
entire time to
the duties of
the administrator's office, shall
hold no other
office or position of trust and profit,
and shall
engage in no
other business during the
administrator's term of
office. The
governor
may grant the administrator the
authority
to appoint, remove, and
discipline without regard to
sexual
orientation or gender identity as those terms are
defined in
section 4112.01 of the Revised Code, sex,
race,
creed, color,
age, or national origin,
such other
professional,
administrative, and clerical staff members as are
necessary to
carry out the functions
and duties of the
commission.
Sec. 3304.50. The Ohio independent living council
established
and appointed by the governor under the authority of
section
107.18 of the Revised Code and pursuant to the
"Rehabilitation Act
Amendments of 1992," 106 Stat. 4344, 29
U.S.C.A. 796d,
shall appoint an executive director to
serve at the
pleasure of the council and shall fix his the executive
director's
compensation. The executive director shall not be considered a
public employee for purposes of Chapter 4117. of the Revised Code.
The
council may delegate to the executive director the authority
to appoint,
remove, and discipline, without regard to sexual
orientation or gender identity as those terms are
defined in
section 4112.01 of the Revised Code,
sex, race, creed,
color,
age, or
national origin, such other
professional,
administrative, and clerical staff
members as are
necessary to
carry out the functions and duties of the council.
Sec. 3313.481. (A) With the approval of the department of
education, a board of education of a city, exempted village,
local, or joint vocational school district may operate any of its
schools on a schedule other than that required by section 3313.48
of the Revised Code in order to do any of the following:
(1) To provide a flexible school day during which may be
held
parent-teacher conferences and reporting periods involving
time in
excess of that permitted to be credited toward
fulfillment of the
minimum school year under section 3313.48 of
the Revised Code;
(2) To establish and maintain a calendar of quarters,
trimesters, or pentamesters;
(3) To provide staggered attendance schedules if it
receives
approval to do so from the department of education.
(B) A school district operating a school under this
section
shall have such school open for instruction for each
pupil
enrolled in that school for at least nine hundred ten hours
during
the school year. For purposes of determining whether a
school that
is on a staggered attendance schedule is in
compliance with this
section in any school year, the department
of education may
include days the school was open for instruction
with pupils in
attendance for not more than the first seventy
days of the ensuing
school year provided such days are not
considered as days the
school was open for instruction during
such ensuing school year.
The following shall be considered as
time during which the schools
are open for instruction for a
pupil enrolled in such a school, or
for a pupil enrolled in a
school that is not on a staggered
attendance schedule but that
operates under this section:
(1) Morning and afternoon recess periods of not more than
fifteen minutes duration per period for a pupil in grades one
through six;
(2) Ten hours during which the pupil would otherwise be in
attendance but when he is not required to attend school in order
to provide time for individualized parent-teacher conferences and
reporting periods;
(3) Ten hours during which the pupil would otherwise be in
attendance but is not required to attend school in order to
provide time for teachers to attend professional meetings;
(4) The number of hours pupils would otherwise be in
attendance but are not required to attend because school is
closed
as a result of a public calamity as provided in section
3317.01 of
the Revised Code.
(C) No board of education shall discriminate on the basis
of
sexual orientation or gender identity as those
terms are defined
in section 4112.01 of the Revised
Code, sex,
race, religion, or
national origin when assigning
pupils
to
attendance schedules
pursuant to this section.
Sec. 3314.06. The governing authority of each community
school
established under this chapter shall adopt admission
procedures that specify
the following:
(A) That except as otherwise provided in this section,
admission to the
school shall be open to any individual
age
five
to twenty-two
entitled to
attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in
a school district in the
state.
(B)(1) That admission to the school may be limited to
students
who
have attained a specific grade level or are within
a
specific
age group; to students that meet a definition of
"at-risk," as
defined in the contract; to residents of a
specific
geographic
area
within the district,
as defined in the
contract;
or to separate groups of autistic students and
nondisabled
students, as authorized in section 3314.061 of the
Revised Code
and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district
in which the school is located or is open to
residents of other districts, as
provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of
students to the school on the basis of sexual orientation or
gender identity as those terms are
defined in
section 4112.01 of
the Revised Code, race, creed,
color,
disability, or sex
except
that:
(a) The
governing
authority may establish single-gender
schools for the
purpose
described in division (G) of this section
provided
comparable facilities and learning opportunities are
offered for
both boys and girls. Such comparable facilities and
opportunities
may be offered for each sex at separate locations.
(b) The governing authority may establish a school that
simultaneously serves a group of students identified as autistic
and a group of students who are not disabled, as
authorized in
section 3314.061 of the Revised Code. However,
unless the total
capacity established for the school has been
filled, no student
with any disability shall be denied
admission on the basis of
that disability.
(2) That upon
admission of any
student with a
disability,
the
community
school will
comply with all
federal and
state laws
regarding the
education of
students with
disabilities.
(E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or
aptitude, or
athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
section.
(F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's
programs, classes, grade levels, or
facilities.
(G)
That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division
(B) of
this section or section 3314.061 of the Revised Code, if the
number of applicants exceeds the capacity
restrictions of division
(F) of this section, students
shall be
admitted by lot from all
those submitting applications,
except
preference shall be given to
students attending the
school the
previous year and to students
who reside in the district in
which
the school is located.
Preference may be given to siblings of
students attending the
school the previous year.
Notwithstanding divisions (A)
to (H) of this
section,
in the
event the racial composition of the enrollment of
the
community
school is violative of a federal desegregation
order,
the
community school shall take any and all corrective
measures to
comply with the desegregation order.
Sec. 3332.09. The state board of
career colleges and schools
may limit, suspend,
revoke, or refuse to issue or
renew a
certificate of registration
or program authorization or
may impose
a penalty pursuant to
section 3332.091 of the Revised
Code for any
one or combination of
the following causes:
(A) Violation of any provision of sections 3332.01 to
3332.09
of the Revised Code, the board's minimum standards, or
any
rule
made by the board;
(B) Furnishing of false, misleading, deceptive, altered,
or
incomplete information or documents to the board;
(C) The signing of an application or the holding of a
certificate of registration by a person who has pleaded guilty or
has been found guilty of a felony or has pleaded guilty or been
found guilty of a crime involving moral turpitude;
(D) The signing of an application or the holding of a
certificate of registration by a person who is addicted to the
use
of any controlled substance, or who is found to be mentally
incompetent;
(E) Violation of any commitment made in an application for
a
certificate of registration or program authorization;
(F) Presenting to prospective students, either at the time
of
solicitation or enrollment, or through advertising, mail
circulars, or phone solicitation, misleading, deceptive, false,
or
fraudulent information relating to any program, employment
opportunity, or opportunities for enrollment in accredited
institutions of higher education after entering or completing
programs offered by the holder of a certificate of registration;
(G) Failure to provide or maintain premises or equipment
for
offering programs in a safe and sanitary condition;
(H) Refusal by an agent to display the agent's permit upon
demand of a prospective student or other interested person;
(I) Failure to maintain financial resources adequate for
the
satisfactory conduct of programs as presented in the plan of
operation or to retain a sufficient number and qualified staff of
instruction, except that nothing in this chapter requires an
instructor to be licensed by the state
board of education or
to
hold any type of post-high school degree;
(J) Offering training or programs other than those
presented
in the application, except that schools may offer
special courses
adapted to the needs of individual students when
the special
courses are in the subject field specified in the
application;
(K) Discrimination in the acceptance of students upon the
basis of sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, color,
religion, sex, or national origin;
(L) Accepting the services of an agent not holding a valid
permit issued under section 3332.10 or 3332.11 of the Revised
Code;
(M) The use of monetary or other valuable consideration by
the school's agents or representatives to induce prospective
students to enroll in the school, or the practice of awarding
monetary or other valuable considerations
without board approval
to students in exchange
for procuring the enrollment of others;
(N) Failure to provide at the request of the board, any
information, records, or files pertaining to the operation of the
school or recruitment and enrollment of students.
If the board modifies or adopts additional minimum
standards
or rules pursuant to section 3332.031 of the Revised
Code, all
schools and agents shall have sixty days from the
effective date
of the modifications or additional standards or
rules to comply
with such modifications or additions.
Sec. 3721.13. (A) The rights of residents of a home shall
include, but are not limited to, the following:
(1) The right to a safe and clean living environment
pursuant
to
the medicare and
medicaid programs and applicable
state laws
and regulations
prescribed by the public health
council;
(2) The right to be free from physical, verbal, mental,
and
emotional abuse and to be treated at all times with courtesy,
respect, and full recognition of dignity and individuality;
(3) Upon admission and thereafter, the right to adequate
and
appropriate medical treatment and nursing care and to other
ancillary services that comprise necessary and appropriate care
consistent with the program for which the resident contracted.
This care shall be provided without regard to considerations such
as sexual orientation or gender identity as those
terms are
defined in section 4112.01 of the Revised
Code, race,
color,
religion, national origin, age, or source of
payment for
care.
(4) The right to have all reasonable requests and
inquiries
responded to promptly;
(5) The right to have clothes and bed sheets changed as
the
need arises, to ensure the resident's comfort or sanitation;
(6) The right to obtain from the home, upon request, the
name
and any specialty of any physician or other person
responsible for
the resident's care or for the coordination of
care;
(7) The right, upon request, to be assigned, within the
capacity of the home to make the assignment, to the staff
physician of the resident's choice, and the right, in accordance
with the rules and written policies and procedures of the home,
to
select as the attending physician a physician who is not on
the
staff of the home. If the cost of a physician's services is
to be
met under a federally supported program, the physician
shall meet
the federal laws and regulations governing such
services.
(8) The right to participate in decisions that affect the
resident's life, including the right to communicate with the
physician and employees of the home in planning the resident's
treatment or care and to obtain from the attending physician
complete and current information concerning medical condition,
prognosis, and treatment plan, in terms the resident can
reasonably be expected to understand; the right of access to all
information in
the resident's medical record; and the right
to
give or
withhold informed consent for treatment after the
consequences of
that choice have been carefully explained. When
the attending
physician finds that it is not medically advisable
to give the
information to the resident, the information shall be
made
available to the resident's sponsor on the resident's behalf,
if
the sponsor has a legal interest or is authorized by the
resident
to receive the information. The home is not liable for a
violation of this division if the violation is found to be the
result of an act or omission on the part of a physician selected
by the resident who is not otherwise affiliated with the home.
(9) The right to withhold payment for physician visitation
if
the physician did not visit the resident;
(10) The right to confidential treatment of personal and
medical records, and the right to approve or refuse the release
of
these records to any individual outside the home, except in
case
of transfer to another home, hospital, or health care
system, as
required by law or rule, or as required by a
third-party payment
contract;
(11) The right to privacy during medical examination or
treatment and in the care of personal or bodily needs;
(12) The right to refuse, without jeopardizing access to
appropriate medical care, to serve as a medical research subject;
(13) The right to be free from physical or chemical
restraints or prolonged isolation except to the minimum extent
necessary to protect the resident from injury to
self,
others,
or
to property and except as authorized in writing by the
attending
physician for a specified and limited period of time
and
documented in the resident's medical record. Prior to
authorizing
the use of a physical or chemical restraint on any
resident, the
attending physician shall make a personal
examination of the
resident and an individualized determination
of the need to use
the restraint on that resident.
Physical or chemical restraints or isolation may be used in
an emergency situation without authorization of the attending
physician only to protect the resident from injury to
self
or
others. Use of the physical or chemical restraints or
isolation
shall not be continued for more than twelve hours after
the onset
of the emergency without personal examination and
authorization
by
the attending physician. The attending physician
or a staff
physician may authorize continued use of physical or
chemical
restraints for a period not to exceed thirty days, and at
the end
of this period and any subsequent period may extend the
authorization for an additional period of not more than thirty
days. The use of physical or chemical restraints shall not be
continued without a personal examination of the resident and the
written authorization of the attending physician stating the
reasons for continuing the restraint.
If physical or chemical restraints are used under this
division, the home shall ensure that the restrained resident
receives a proper diet. In no event shall physical or chemical
restraints or isolation be used for punishment, incentive, or
convenience.
(14) The right to the pharmacist of the resident's choice
and
the right to receive pharmaceutical supplies and services at
reasonable prices not exceeding applicable and normally accepted
prices for comparably packaged pharmaceutical supplies and
services within the community;
(15) The right to exercise all civil rights, unless the
resident has been adjudicated incompetent pursuant to Chapter
2111. of the Revised Code and has not been restored to legal
capacity, as well as the right to the cooperation of the home's
administrator in making arrangements for the exercise of the
right
to vote;
(16) The right of access to opportunities that enable the
resident, at
the resident's own expense or at the expense of
a
third-party
payer, to achieve
the resident's fullest
potential,
including educational,
vocational, social,
recreational, and
habilitation programs;
(17) The right to consume a reasonable amount of alcoholic
beverages at
the resident's own expense, unless not
medically
advisable as
documented in
the resident's medical record by
the
attending
physician or
unless contradictory to written
admission
policies;
(18) The right to use tobacco at
the resident's own
expense
under the
home's safety rules and under applicable laws
and rules
of the
state, unless not medically advisable as
documented in
the
resident's
medical record by the attending
physician or unless
contradictory
to written admission policies;
(19) The right to retire and rise in accordance with
the
resident's
reasonable requests, if
the resident does not
disturb
others
or the posted
meal schedules and upon the home's
request
remains in a
supervised area, unless not medically
advisable as
documented by
the attending physician;
(20) The right to observe religious obligations and
participate in religious activities; the right to maintain
individual and cultural identity; and the right to meet with and
participate in activities of social and community groups at the
resident's or the group's initiative;
(21) The right upon reasonable request to private and
unrestricted communications with
the resident's family,
social
worker, and
any other person, unless not medically advisable as
documented in
the resident's medical record by the attending
physician,
except that
communications with public officials or
with
the resident's
attorney or
physician shall not be
restricted.
Private and unrestricted
communications shall
include, but are not
limited to, the right
to:
(a) Receive, send, and mail sealed, unopened
correspondence;
(b) Reasonable access to a telephone for private
communications;
(c) Private visits at any reasonable hour.
(22) The right to assured privacy for visits by the
spouse,
or if both are residents of the same home, the right to
share a
room within the capacity of the home, unless not
medically
advisable as documented in
the resident's medical
record by
the
attending physician;
(23) The right upon reasonable request to have room doors
closed and to have them not opened without knocking, except in
the
case of an emergency or unless not medically advisable as
documented in
the resident's medical record by the attending
physician;
(24) The right to retain and use personal clothing and a
reasonable amount of possessions, in a reasonably secure manner,
unless to do so would infringe on the rights of other residents
or
would not be medically advisable as documented in
the
resident's
medical
record by the attending physician;
(25) The right to be fully informed, prior to or at the
time
of admission and during
the resident's stay, in
writing, of
the
basic
rate charged by the home, of services available in the
home,
and
of any additional charges related to such services,
including
charges for services not covered under
the medicare or medicaid
program.
The basic rate shall not be changed
unless thirty days
notice is
given to the resident or, if the
resident is unable to
understand
this information, to
the
resident's
sponsor.
(26) The right of the resident and person paying for the
care
to examine and receive a bill at least monthly for the
resident's
care from the home that itemizes charges not included
in the basic
rates;
(27)(a) The right to be free from financial exploitation;
(b) The right to manage
the resident's own personal
financial
affairs,
or, if
the resident has delegated this
responsibility in
writing to the
home, to receive upon written
request at least a
quarterly
accounting statement of financial
transactions made on
the
resident's
behalf. The statement
shall
include:
(i) A complete record of all funds, personal property, or
possessions of a resident from any source whatsoever, that have
been deposited for safekeeping with the home for use by the
resident or
the resident's sponsor;
(ii) A listing of all deposits and withdrawals transacted,
which shall be substantiated by receipts which shall be available
for inspection and copying by the resident or sponsor.
(28) The right of the resident to be allowed unrestricted
access to
the resident's property on deposit at reasonable
hours,
unless
requests for access to property on deposit are so
persistent,
continuous, and unreasonable that they constitute a
nuisance;
(29) The right to receive reasonable notice before
the
resident's
room or roommate is changed, including an explanation
of the
reason for either change.
(30) The right not to be transferred or discharged from
the
home
unless the transfer is necessary because of one of the
following:
(a) The welfare and needs of the resident cannot be met in
the home.
(b) The resident's health has improved sufficiently so that
the resident no longer needs the services provided by the home.
(c) The safety of individuals in the home is endangered.
(d) The health of individuals in the home would otherwise
be
endangered.
(e) The resident has failed, after reasonable and
appropriate
notice, to pay or to have the medicare or medicaid
program pay on
the resident's behalf, for the care provided by the
home. A
resident shall not be considered to have failed to have
the
resident's care paid for if the resident has applied for
medicaid,
unless both of the following are the case:
(i) The resident's application, or a substantially similar
previous application, has been denied by the county department of
job and family services.
(ii) If the resident appealed the denial pursuant to
division
(C) of section 5101.35 of the Revised Code, the director
of job
and family services has upheld the denial.
(f) The home's license has been revoked, the home is being
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,
or section 5155.31
of the Revised Code, or the home otherwise
ceases to operate.
(g) The resident is a recipient of medicaid, and the home's
participation in the medicaid program is involuntarily terminated
or denied.
(h) The resident is a beneficiary under the medicare
program,
and the home's participation in the medicare program is
involuntarily terminated or denied.
(31) The right to voice grievances and recommend changes
in
policies and services to the home's staff, to employees of the
department of health, or to other persons not associated with the
operation of the home, of the resident's choice, free from
restraint, interference, coercion, discrimination, or reprisal.
This right includes access to a residents' rights advocate, and
the right to be a member of, to be active in, and to associate
with persons who are active in organizations of relatives and
friends of nursing home residents and other organizations engaged
in assisting residents.
(32) The right to have any significant change in
the
resident's
health status reported to
the resident's sponsor.
As
soon
as such a change
is known to the home's staff, the home
shall
make a reasonable
effort to notify the sponsor within twelve
hours.
(B) A sponsor may act on a resident's behalf to assure
that
the home does not deny the residents' rights under sections
3721.10 to 3721.17 of the Revised Code.
(C) Any attempted waiver of the rights listed in division
(A)
of this section is void.
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, gender
identity, or sexual
orientation as those terms are
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. 4111.17. (A) No employer, including the state and
political subdivisions thereof, shall discriminate in the payment
of wages on the basis of sexual orientation or gender identity as
those terms are defined in section
4112.01 of the
Revised Code,
race, color, religion, sex, age,
national
origin, or
ancestry by
paying wages to any employee at a
rate less
than the
rate at
which the employer pays wages to
another employee
for
equal work
on jobs the performance of which
requires
equal
skill,
effort,
and responsibility, and which are
performed
under
similar
conditions.
(B) Nothing in this section prohibits an employer from
paying
wages to one employee at a rate different from that at
which the
employer pays another employee for the performance
of
equal work
under similar conditions on jobs requiring equal skill,
effort,
and responsibility, when the payment is made pursuant to
any of
the following:
(3) A system which measures earnings by the quantity or
quality of production;
(4) A wage rate differential determined by any factor
other
than sexual orientation or gender identity as those
terms are
defined in section 4112.01 of the
Revised Code, race,
color,
religion, sex, age, national origin, or
ancestry.
(C) No employer shall reduce the wage rate of any employee
in
order to comply with this section.
(D) The director of commerce
shall carry out,
administer,
and
enforce this section. Any employee discriminated
against in
violation of this section may sue in any court of
competent
jurisdiction to recover two times the amount of the
difference
between the wages actually received and the wages
received by a
person performing equal work for the employer, from
the date of
the commencement of the violation, and for costs,
including
attorney fees. The director may take an
assignment of
any such
wage claim in trust for such employee and sue in the employee's
behalf. In any civil action under this section,
two or more
employees of the same employer may join as co-plaintiffs in one
action. The director may sue in one action for
claims
assigned to
the director by two or more employees of
the same employer. No
agreement to work for a discriminatory wage constitutes
a defense
for any civil or criminal action to enforce this section. No
employer shall discriminate against any employee because such
employee makes a complaint or institutes, or testifies in, any
proceeding under this section.
(E) Any action arising under this section shall be
initiated
within one year after the date of violation.
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, except that for purposes of
discrimination based upon sexual orientation or gender identity,
"employer" includes
the state, any political
subdivision of the
state, any person
employing fifteen 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 5923.05 of
the
Revised Code.
(23) "Sexual orientation" means actual or perceived,
heterosexuality, homosexuality, or bisexuality.
(24) "Gender identity" means the
gender-related identity,
appearance, or mannerisms or other gender-related characteristics
of an individual, with or without regard to the individual's
designated sex at birth.
(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, sexual orientation, gender identity, 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, sexual orientation, gender
identity,
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, sexual orientation, gender identity,
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, sexual orientation, gender
identity,
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, sexual orientation, gender identity,
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, sexual orientation, gender
identity, 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,
sexual orientation, gender identity,
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, sexual orientation, gender identity,
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, sexual
orientation, gender identity, 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, sexual orientation, gender identity, 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, sexual orientation, gender identity,
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, sexual
orientation, gender identity, military
status,
national
origin,
disability, age,
or ancestry, or
expresses a
limitation or
preference as to the
race, color,
religion, sex,
sexual
orientation, gender identity, 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, sexual orientation, gender identity,
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, sexual orientation, gender identity,
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, sexual
orientation, gender identity, 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, sexual orientation, gender identity,
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, sexual
orientation, gender identity, 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, sexual orientation, gender
identity,
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, sexual orientation, gender
identity, 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, sexual
orientation, gender identity,
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,
sexual orientation, gender identity, 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, sexual orientation, gender
identity, 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, sexual orientation, gender identity,
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, sexual
orientation, gender identity, 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, sexual orientation, gender identity,
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,
sexual orientation, gender identity,
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, sexual orientation, gender
identity,
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, sexual orientation, gender identity,
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.
(R)(1) Nothing in this section shall prohibit any religious
association, corporation, or society that is not organized for
private profit, or any institution organized for educational
purposes that is operated, supervised, or controlled by such a
religious association, corporation, or society, from doing either
of the following:
(a) Limiting admission to or giving preference to persons of
the same religion or denomination;
(b) In matters related to sexual orientation or gender
identity, taking any
action with respect to
education,
employment, housing and real
property, or use of
facilities.
(2) Division (R)(1) of this section shall not apply to
secular business activities regularly carried on in which the
religious association,
corporation, or society engages if the
conduct of those activities
is unrelated to the religious and
educational purposes for which
the association, corporation, or
society is organized.
(S) Nothing in this section shall be construed to establish
an unlawful employment practice based on actual or perceived
gender identity due to the denial of access to shared shower or
dressing facilities in which being seen unclothed is unavoidable,
provided that the employer provides reasonable access to adequate
facilities that are not inconsistent with an employee's gender
identity as established with the employer at the time of initial
employment or upon notification to the employer that the employee
has undergone or is undergoing gender transition, whichever is
later.
(T) Nothing in this section shall be construed to require the
construction of new or additional facilities.
(U) Nothing in this section prohibits an employer from
implementing, enforcing, or modifying a dress code or grooming
standards not prohibited by other provisions of federal, state, or
local law and requiring an employee, during the employee's hours
at work, to adhere to the dress code or grooming standards,
provided that the employer permits any employee who has undergone
gender transition before being initially employed, and any
employee who has notified the employer that the employee has
undergone or is undergoing gender transition after being initially
employed, to adhere to the same dress code or grooming standards
to which the employee has transitioned or is transitioning.
(V) Nothing in this section shall be construed to authorize
or require any private employer, employment agency, or labor
organization to implement quotas or affirmative action policies or
programs, based on sexual orientation or gender identity.
(W) Upon receiving certification of a bona fide occupational
qualification from the commission, nothing in this section
requires an employer, whose business is primarily religious in
nature, to take any employment action that would compromise that
business's religious purposes relating to sexual orientation or
gender identity.
(X)(1) It shall be an unlawful discriminatory practice for
any employer, employment agency, or labor organization to limit,
segregate, or classify its employees or applicants for employment
in any way that would deprive or tend to deprive any individual of
employment or otherwise adversely affect the status of the
individual as an employee because of the individual's actual or
perceived sexual orientation or gender identity.
(2) The commission shall not collect statistics on actual or
perceived sexual orientation or gender identity from any employer,
employment agency, or labor organization nor compel any of them to
collect such statistics.
(3) Only disparate treatment claims, and not disparate impact
claims, may be brought under this section on the basis of sexual
orientation or gender identity. As used in division (X)(3) of this
section, "disparate impact" means a facially neutral policy or
practice that has a negative impact on a protected group.
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, sexual
orientation, gender identity, 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, sexual orientation, gender identity, 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,
sexual orientation, gender identity,
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, sexual orientation,
gender identity,
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, sexual orientation, gender identity,
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, sexual orientation, gender identity,
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, sexual orientation, gender identity,
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, sexual orientation, gender identity,
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. 4112.04. (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, sexual
orientation, gender identity, 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 primary and secondary 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
and discrimination, its their
harmful effects, and its their
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, sexual orientation,
gender identity,
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 witness and mileage fees provided for under
section
119.094 of the Revised Code.
(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, sexual orientation, gender identity, 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, sexual orientation, gender identity,
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,
mediation, 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, sexual orientation,
gender identity,
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, sexual orientation, gender
identity,
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.
This chapter does not limit actions, procedures, and remedies
afforded under federal law.
Sec. 4117.19. (A) Every employee organization that is
certified or recognized as a representative of public employees
under 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, or national origin,; disability, sexual
orientation, gender identity, or military status,
as those terms
are
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 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, national origin, or ancestry; or
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, gender identity,
or
ancestry
sexual orientation, as those terms
are defined in
section 4112.01
of the Revised Code, 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,
national origin, or ancestry; or
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,
gender identity,
or
national origin sexual
orientation, as those
terms are defined
in section 4112.01 of the
Revised Code, 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.
Sec. 4757.07. The counselor, social worker, and marriage
and
family therapist board and its professional
standards
committees
shall not discriminate against any licensee,
registrant, or
applicant for a license or certificate of
registration under
this
chapter because of the person's race,
color, religion, sex, or
national
origin,; disability, sexual orientation, or gender
identity, as those terms
are defined in
section
4112.01 of the
Revised Code,;
or age. The
board or
committee, as
appropriate,
shall afford a hearing to any
person
who files with
the board or
committee a
statement alleging
discrimination based
on any of
those reasons.
Sec. 4758.16. The chemical dependency professionals board
shall not discriminate against any licensee, certificate holder,
or applicant for a license or certificate under this chapter
because of the individual's race, color, religion, gender,
or
national origin,; disability, sexual orientation, or gender
identity, as those terms
are defined in section
4112.01 of the
Revised Code,; or age. The
board shall afford
a
hearing to any
individual who files with the
board a statement
alleging
discrimination based on any of those
reasons.
Sec. 4765.18. The state board of emergency medical
services
may suspend or revoke a certificate of accreditation or
a
certificate of approval issued under section 4765.17 of the
Revised Code for any of the following reasons:
(A) Violation of this chapter or any rule adopted under
it;
(B) Furnishing of false, misleading, or incomplete
information to the board;
(C) The signing of an application or the holding of a
certificate of accreditation by a person who has pleaded guilty
to
or has been convicted of a felony, or has pleaded guilty to or
been convicted of a crime involving moral turpitude;
(D) The signing of an application or the holding of a
certificate of accreditation by a person who is addicted to the
use of any controlled substance or has been adjudicated
incompetent for that purpose by a court, as provided in section
5122.301 of the Revised Code;
(E) Violation of any commitment made in an application for
a
certificate of accreditation or certificate of approval;
(F) Presentation to prospective students of misleading,
false, or fraudulent information relating to the emergency
medical
services training program or emergency medical services
continuing
education program, employment opportunities, or
opportunities for
enrollment in accredited institutions of higher
education after
entering or completing courses offered by the
operator of a
program;
(G) Failure to maintain in a safe and sanitary condition
premises and equipment used in conducting courses of study;
(H) Failure to maintain financial resources adequate for
the
satisfactory conduct of courses of study or to retain a
sufficient
number of certified instructors;
(I) Discrimination in the acceptance of students upon the
basis of sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, color,
religion, sex, or national origin.
Sec. 5104.09. (A)(1) Except as provided in rules adopted
pursuant to division (D) of this section, no individual who has
been convicted
of or pleaded
guilty to a violation described in
division (A)(9) of section
109.572 of the Revised Code, a
violation of section
2905.11,
2909.02, 2909.03, 2909.04,
2909.05,
2917.01, 2917.02,
2917.03,
2917.31, 2921.03, 2921.34, or
2921.35
of the Revised Code or a violation of an
existing or
former
law
or ordinance of any municipal corporation,
this state,
any other
state, or the United States that is
substantially
equivalent to
any of those violations, or two violations of section 4511.19 of
the Revised
Code during operation of the center or home shall be
certified as an in-home aide or be employed in
any capacity in or
own or operate a child day-care center, type A
family day-care
home, type B family day-care home, or certified
type B family
day-care home.
(2) Each employee of a child day-care center and type A
home
and every person eighteen years of age or older residing in
a type
A home shall sign a statement on forms prescribed by the
director
of job and family services attesting to the fact that the
employee
or
resident person has not
been convicted of or pleaded guilty to
any offense set forth in
division (A)(1) of this section and
that
no child has been
removed from the employee's or resident
person's
home pursuant to
section 2151.353 of the Revised
Code.
Each
licensee of a type A home shall sign a statement on a
form
prescribed by the director attesting to the fact that no
person
who resides at the type A home and who is under the age
of
eighteen has been adjudicated a delinquent child for
committing a
violation of any section listed in division (A)(1)
of this
section. The statements shall be kept on file at the
center or
type A home.
(3) Each in-home aide and every
person eighteen years of age
or older residing in a certified
type
B home shall sign a
statement on forms prescribed by the
director
of job and family
services attesting that the aide
or
resident person has not been
convicted of or pleaded guilty to any
offense set forth in
division (A)(1) of this section and that no
child has been
removed
from the aide's or resident
person's home
pursuant to
section
2151.353 of the Revised
Code. Each authorized provider
shall sign
a statement on forms prescribed by the director
attesting that
the provider has not been convicted of or pleaded
guilty to any
offense set forth in division (A)(1) of
this section and that no
child has been removed from the
provider's home pursuant to
section 2151.353 of the Revised Code.
Each authorized provider
shall sign a statement on a form
prescribed by the director
attesting to the fact that no person
who resides at the certified
type B home and who is under the age
of eighteen has been
adjudicated a delinquent child for
committing
a violation of any
section listed in division (A)(1) of this
section. The statements
shall be kept on file at the
county
department of job and family
services.
(4) Each administrator and licensee of a center or type A
home shall sign a statement on a form prescribed by the director
of
job and family services attesting that the
administrator or
licensee has not been convicted of or
pleaded guilty to any
offense set forth in division (A)(1) of
this section and
that no
child has been removed from the
administrator's or
licensee's
home
pursuant to section 2151.353 of the Revised Code.
The
statement
shall be kept on file at the center or type A home.
(B) No in-home aide, no administrator, licensee,
authorized
provider, or employee of a center, type A home, or
certified type
B home, and no person eighteen years of age or
older
residing in a
type A home or certified type B home shall withhold
information
from, or falsify information on, any statement
required pursuant
to division (A)(2), (3), or (4) of this
section.
(C) No administrator, licensee, or child-care staff member
shall discriminate in the enrollment of children in a child
day-care center upon the basis of sexual orientation or gender
identity as those terms are defined in
section
4112.01 of the
Revised Code, race, color, religion, sex,
or
national origin.
(D) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying exceptions to the prohibition
in division (A) of this section for persons who have been
convicted of an offense listed in that division but meet
rehabilitation standards set by the department.
Sec. 5107.26. (A) As used in this section:
(1) "Transitional child
care" means publicly funded child
care provided
under division (A)(3) of section
5104.34 of the
Revised Code.
(2) "Transitional medicaid" means the medical
assistance
provided under section
5111.0115 of the Revised Code.
(B) Except as provided in division (C) of this section,
each
member of an assistance group participating in Ohio works
first is
ineligible
to participate in the program for
six payment months
if
a county department of job and family services
determines that a
member of the assistance group terminated the
member's employment
and each person who, on the day prior to the day
a recipient
begins to receive transitional child care or transitional
medicaid, was a member of the recipient's assistance
group is
ineligible to participate in Ohio works first for
six
payment
months if a county department determines
that the recipient
terminated the
recipient's
employment.
(C) No assistance group member shall
lose or be denied
eligibility to participate in Ohio works
first
pursuant to
division (B) of
this section if the termination of employment was
because an assistance
group member or recipient of transitional
child care or transitional
medicaid secured comparable or better
employment or the county department
of
job and family services
certifies that the
member
or recipient terminated the employment
with just cause.
Just cause includes the following:
(1) Discrimination by an employer based on sexual orientation
or gender identity
as those terms are defined in
section 4112.01
of the Revised Code, age, race,
sex,
color,
handicap, religious
beliefs, or national origin;
(2) Work demands or conditions that render continued
employment unreasonable, such as working without being paid on
schedule;
(3) Employment that has become unsuitable due to any of
the
following:
(a) The wage is less than the federal minimum wage;
(b) The work is at a site subject to a strike or
lockout,
unless the strike has been enjoined under section 208
of the
"Labor-Management
Relations Act," 61 Stat. 155 (1947), 29
U.S.C.A.
178, as amended, an injunction has been issued under section
10 of
the "Railway Labor Act," 44 Stat.
586 (1926), 45 U.S.C.A.
160, as
amended, or an injunction has been issued under section 4117.16
of
the Revised Code;
(c) The documented degree of risk to
the member or
recipient's health and
safety is
unreasonable;
(d) The member or recipient is physically or
mentally unfit
to perform the employment, as documented by
medical evidence or by
reliable information from other
sources.
(4) Documented illness of the
member or recipient or of
another assistance
group member
of the member or recipient
requiring the presence of the member or
recipient;
(5) A documented household emergency;
(6) Lack of adequate child care for children of the
member or
recipient who are under six years of
age.
Sec. 5111.31. (A) Every provider agreement with the provider
of a nursing
facility or intermediate care facility for the
mentally retarded
shall:
(1) Prohibit the provider from failing or refusing to
retain
as a patient any person because the person is,
becomes, or may, as
a patient in the facility, become a medicaid recipient. For the
purposes of this
division, a medicaid recipient who is a patient
in a
facility shall be considered a patient in the facility during
any
hospital stays totaling less than twenty-five days during any
twelve-month period. Recipients who have been identified by the
department of job and family services or its designee as requiring
the
level of care of an intermediate care facility for the
mentally
retarded shall not be subject to a maximum period of
absences
during which they are considered patients if prior
authorization
of the department for visits with relatives and
friends and
participation in therapeutic programs is obtained
under rules
adopted under section 5111.02 of the Revised Code.
(2) Except as provided by division (B)(1) of this section,
include any part of the facility that meets standards
for
certification of compliance with federal and state laws and
rules
for participation in the medicaid program.
(3) Prohibit the provider from discriminating against any
patient on the basis of sexual orientation or gender identity as
those terms are defined in section
4112.01 of the
Revised Code,
race, color, sex, creed, or national
origin.
(4) Except as otherwise prohibited under section 5111.55
of
the Revised Code, prohibit the provider from failing or
refusing
to accept a patient because the patient is, becomes,
or may, as a
patient in the facility, become a medicaid recipient if less than
eighty per cent of
the patients in the facility are medicaid
recipients.
(B)(1) Except as provided by division (B)(2) of this section,
the following are not required to be included in a provider
agreement unless otherwise required by federal law:
(a) Beds added during the period beginning July 1, 1987, and
ending July 1, 1993, to a nursing home licensed under Chapter
3721. of the Revised Code;
(b) Beds in an intermediate care facility for the mentally
retarded that are designated for respite care under a medicaid
waiver component operated pursuant to a waiver sought under
section 5111.87 of the Revised Code.
(2) If a provider chooses to include a bed specified in
division (B)(1)(a) of this section in a provider agreement, the
bed may not be removed from the provider agreement unless the
provider withdraws the facility in which the bed is located from
the medicaid program.
(C) Nothing in this section shall bar a provider that is a
religious organization operating a religious or
denominational
nursing facility or intermediate care facility for
the mentally
retarded from giving preference to persons of
the same religion or
denomination. Nothing in this section shall
bar any provider from
giving preference to persons with whom
the provider has
contracted to provide continuing care.
(D) Nothing in this section shall bar the provider of a
county home
organized under Chapter 5155. of the Revised Code from
admitting
residents exclusively from the county in which the
county home is
located.
(E) No provider of a nursing facility or intermediate care
facility for
the mentally retarded for which a provider agreement
is in
effect shall violate the provider contract obligations
imposed
under this section.
(F) Nothing in divisions (A) and (C) of this section shall
bar a provider from retaining patients who have resided in the
provider's facility for not less than one year as private pay
patients and
who subsequently become medicaid recipients, but
refusing to accept as a patient any person
who is or may, as a
patient in the facility, become a medicaid recipient, if all of
the following
apply:
(1) The provider does not refuse to retain any patient who
has resided in the provider's facility for not less than one year
as a
private pay patient because the patient becomes a medicaid
recipient, except as necessary to comply with
division (F)(2) of
this section;
(2) The number of medicaid recipients retained under this
division does not at any time exceed ten per cent of all the
patients in the facility;
(3) On July 1, 1980, all the patients in the facility were
private pay patients.
Sec. 5119.61. Any provision in this chapter that refers to
a
board of alcohol, drug addiction, and mental health services
also
refers to the community mental health board in an alcohol,
drug
addiction, and mental health service district that has a
community
mental health board.
The director of mental health with respect to all
facilities
and programs established and operated under Chapter
340. of the
Revised Code for mentally ill and emotionally
disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the
Revised Code
that may be necessary to carry out the purposes of
Chapter 340.
and sections 5119.61 to 5119.63 of the Revised
Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services
under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 of the Revised Code;
(b) For the purpose of division (A)(16) of section
340.03
of
the Revised Code, rules
governing the duties of mental
health
agencies and boards of alcohol, drug addiction, and mental
health
services under section 3722.18
of the
Revised Code
regarding
referrals of individuals with mental
illness or severe
mental
disability to adult care facilities and effective
arrangements for
ongoing mental health services for the
individuals. The
rules
shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the
procedures owners and managers of adult care facilities must
follow under
division (A)(2) of section 3722.18 of the Revised
Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for
individuals with mental illness or severe mental
disability who are referred
by the board or mental health agency
under contract with the board to an adult
care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under
section 3722.17 of the
Revised Code regarding the
quality of care and services
provided by an adult care facility to
a person with mental illness or a
severe mental disability.
(2) Rules may be adopted to govern the method of paying a
community
mental health facility, as defined in
section 5111.023
of the Revised Code, for providing services
listed in division (B)
of that
section. Such rules must be
consistent with the contract
entered into
between the departments
of
job and family services
and mental health under section 5111.91 of the Revised Code
and
include requirements ensuring appropriate
service utilization.
(B) Review and evaluate, and, taking into account the
findings
and recommendations of the board of alcohol, drug
addiction, and
mental health services of the district served by
the program and
the requirements and priorities of the state
mental health plan,
including the needs of residents of the
district now residing in
state mental institutions, approve and
allocate funds to support
community programs, and make
recommendations for needed
improvements to boards of alcohol,
drug
addiction, and mental
health services;
(C) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,
or 5119.62 of the
Revised Code or rules of the department of
mental health. The
director shall identify the areas of
noncompliance and the action
necessary to achieve compliance. The
director shall offer
technical assistance to the board to achieve
compliance. The
director shall give the board a reasonable time
within which to
comply or to present its position that it is in
compliance.
Before withholding funds, a hearing shall be conducted
to
determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is
determined
that compliance has not been achieved, the director
may
allocate
all or part of the withheld funds to a public or
private
agency to
provide the services not in compliance until
the time
that there
is compliance. The director shall establish
rules
pursuant to
Chapter 119. of the Revised Code to implement
this
division.
(D) Withhold state or federal funds from a board of
alcohol,
drug addiction, and mental health services that denies
available
service on the basis of religion, race, color, creed,
sex,
national origin, or age,; disability, sexual orientation, or
gender identity, as
those terms are defined in
section
4112.01
of
the
Revised Code,;
developmental disability,;
or the
inability to
pay;
(E) Provide consultative services to community mental
health
agencies with the knowledge and cooperation of the
board
of
alcohol, drug addiction, and mental health services;
(F) Provide to boards of alcohol, drug addiction, and
mental
health services state or federal funds, in addition to
those
allocated under section 5119.62 of the Revised Code, for
special
programs or projects the director considers necessary
but
for
which local funds are not available;
(G) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan.
The criteria shall
include requirements ensuring appropriate service utilization. The
department shall
assess a board's evaluation of services and the
compliance of
each board with this section, Chapter 340. or
section 5119.62 of
the Revised Code, and other state or federal
law and regulations.
The department, in cooperation with the
board, periodically shall
review and evaluate the quality,
effectiveness, and efficiency of
services provided through each
board. The department shall
collect information that is necessary
to perform these
functions.
(H) Develop and operate a community mental health
information
system.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in
whole
or in part under contract with a board, including diagnosis
and
special needs, demographic information, the number of units
of
service provided, past treatment, financial status, and
service
dates in accordance with rules adopted by the department
in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related
data regarding expenditures of boards and community
mental health
agencies, including units of service provided,
budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(H)(1) of this section no less frequently than annually for
each
client, and each time the client's case is opened or closed.
The
department shall not collect any information for the purpose
of
identifying by name any person who receives a service through a
board of alcohol, drug addiction, and mental health services,
except as required by state or federal law to validate
appropriate
reimbursement. For the purposes of division
(H)(1)
of this
section, the department shall use an identification
system that is
consistent with applicable nationally recognized
standards.
(I) Review each board's
community mental health plan
submitted pursuant to section
340.03 of the Revised Code and
approve or disapprove it in whole
or in part. Periodically, in
consultation with representatives
of boards and after considering
the recommendations of the
medical director, the director shall
issue criteria for
determining when a plan is complete, criteria
for plan approval
or disapproval, and provisions for conditional
approval. The
factors that the director considers may include,
but
are not
limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position.
The director shall inform the board of the reasons for
the
disapproval and of the criteria that must be met before the
plan
may be approved. The director shall give the board a
reasonable
time within which to meet the criteria, and shall offer
technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
Sec. 5123.351. The director of mental retardation and
developmental disabilities, with respect to the eligibility for
state reimbursement of expenses incurred by facilities and
programs established and operated under Chapter 5126. of the
Revised Code for
persons with mental retardation or a
developmental
disability, shall do all of the following:
(A) Make rules that may be necessary to carry
out the
purposes of Chapter 5126. and sections 5123.35, 5123.351, and
5123.36 of the Revised Code;
(B) Define minimum standards for qualifications of
personnel,
professional services, and in-service training and
educational
leave programs;
(C) Review and evaluate community programs and make
recommendations for needed improvements to county boards of
mental
retardation and developmental disabilities and to program
directors;
(D) Withhold state reimbursement, in whole or in part,
from
any county or combination of counties for failure to comply
with
Chapter 5126. or section 5123.35 or 5123.351 of the Revised
Code
or rules of the department of mental retardation and
developmental
disabilities;
(E) Withhold state funds from an agency, corporation, or
association denying or rendering service on the basis of race,
color, sex, religion, ancestry, or national origin,; disability,
sexual orientation, or gender identity, as those
terms are
defined in section 4112.01
of the Revised Code,; or
inability to
pay;
(F) Provide consultative staff service to communities to
assist in ascertaining needs and in planning and establishing
programs.
Sec. 5126.07. No county board of mental retardation and
developmental disabilities or any agency, corporation, or
association under contract with a county board of mental
retardation and developmental disabilities shall discriminate in
the provision of services under its authority or contract on the
basis of sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, color,
sex, creed, disability, national
origin, or
the
inability to
pay.
Each county board of mental retardation and developmental
disabilities shall provide a plan of affirmative action
describing
its goals and methods for the provision of equal
employment
opportunities for all persons under its authority and
shall ensure
nondiscrimination in employment under its authority
or contract on
the basis of sexual orientation or gender identity as those terms
are defined in section 4112.01 of
the Revised
Code, race, color,
sex, creed, disability,
or national
origin.
Sec. 5515.08. (A) The department of transportation may
contract to sell commercial advertising space within or on the
outside surfaces of any building located within a roadside rest
area under its jurisdiction in exchange for cash payment. Money
the department receives under this section shall be deposited in
the state treasury to the credit of the roadside rest area
improvement fund, which is hereby created. The department shall
use the money in the fund only to improve roadside rest areas in
accordance with section 5529.06 of the Revised Code.
(B) Advertising placed under this section shall comply with
all of the following:
(1) It shall not be libelous or obscene and shall not promote
any illegal product or service.
(2) It shall not promote illegal discrimination on the basis
of the sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, religion,
national origin, handicap, age, or
ancestry of
any person.
(3) It shall not support or oppose any candidate for
political office or any political cause, issue, or organization.
(4) It shall comply with any controlling federal or state
regulations or restrictions.
(5) To the extent physically and technically practical, it
shall state that the advertisement is a paid commercial
advertisement and that the state does not endorse the product or
service promoted by the advertisement or make any representation
about the accuracy of the advertisement or the quality or
performance of the product or service promoted by the
advertisement.
(6) It shall conform to all applicable rules adopted by the
director of transportation under division (E) of this section.
(C) Contracts entered into under this section shall be
awarded only to the qualified bidder who submits the highest
responsive bid or according to uniformly applied rate classes.
(D) No person, except an advertiser alleging a breach of
contract or the improper awarding of a contract, has a cause of
action against the state with respect to any contract or
advertising authorized by this section. Under no circumstances is
the state liable for consequential or noneconomic damages with
respect to any contract or advertising authorized under this
section.
(E) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt rules to implement this section. The
rules shall be consistent with the policy of protecting the safety
of the traveling public and consistent with the national policy
governing the use and control of such roadside rest areas. The
rules shall regulate the awarding of contracts and may regulate
the content, display, and other aspects of the commercial
advertising authorized by this section.
Sec. 5709.832. The legislative authority of a county,
township, or municipal corporation that grants an exemption from
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the
Revised Code shall develop policies to ensure that the recipient
of the exemption practices nondiscriminatory hiring in its
operations. As used in this section, "nondiscriminatory hiring"
means that no individual may be denied employment solely on the
basis of sexual orientation or gender identity as
those terms are
defined in section 4112.01 of the
Revised Code,
race, religion,
sex, disability, color, national
origin,
or
ancestry.
Section 2. That existing sections 9.03, 124.93, 125.111,
340.12, 511.03, 717.01, 1501.012,
1751.18, 2927.03, 3113.36,
3301.53, 3304.14, 3304.50,
3313.481,
3314.06, 3332.09, 3721.13,
3905.55, 4111.17, 4112.01,
4112.02,
4112.021, 4112.04, 4112.05,
4112.08, 4117.19, 4735.16,
4735.55,
4757.07, 4758.16, 4765.18,
5104.09, 5107.26, 5111.31,
5119.61,
5123.351, 5126.07, 5515.08,
and 5709.832 of the Revised
Code are
hereby repealed.
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