To enact section 4113.25 of the Revised Code to prohibit employment discrimination against smokers.

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.