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H. B. No. 470 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Okey, Domenick, Pryor, Hagan
A BILL
To enact section 4113.25 of the Revised Code to
prohibit employment discrimination against
smokers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4113.25 of the Revised Code be
enacted to read as follows:
Sec. 4113.25. (A) No employer shall discharge without just
cause, refuse to hire, or otherwise discriminate against any
person with respect to hire, tenure, terms, conditions, or
privileges of employment, or any matter directly or indirectly
related to employment, on the basis that the person smokes
tobacco.
(B) Nothing in this section shall prohibit an employer from
adopting and enforcing rules that prohibit employees from smoking
tobacco, or smelling like tobacco smoke, during the hours of
employment.
(C) Any person discriminated against as a result of a
violation of division (A) of this section may sue in any court of
competent jurisdiction to recover damages and costs, including
attorney's fees, and to obtain injunctive relief or other
appropriate relief.
(D) Any action arising under this section shall be initiated
within one year after the date of violation.
(E) The director of commerce shall administer and
administratively enforce this section and may adopt rules in
accordance with Chapter 119. of the Revised Code for those
purposes.
(F) Whoever violates this section shall be fined twenty-five
thousand dollars for the first offense, fifty thousand dollars for
the second offense, and one hundred thousand dollars for each
subsequent offense.
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