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S. B. No. 261 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Senators Tavares, Schiavoni
Cosponsors:
Senators Turner, Sawyer, Skindell
A BILL
To amend sections 4112.01, 4112.02, and 4112.99 of
the Revised Code to prohibit and provide a penalty
for employment discrimination and the
advertisement of employment positions that
discriminate on the basis of an individual's
unemployment status.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4112.01, 4112.02, and 4112.99 of the
Revised Code be amended to read as follows:
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers, and other organized
groups of persons. "Person" also includes, but is not limited to,
any owner, lessor, assignor, builder, manager, broker,
salesperson, appraiser, agent, employee, lending institution, and
the state and all political subdivisions, authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political subdivision
of the state, any person employing four or more persons within the
state, and any person acting directly or indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any employer
but does not include any individual employed in the domestic
service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by any other
person pursuant to authorization of the owner, by the owner, or by
the owner's legal representative.
(11) "Restrictive covenant" means any specification limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, military
status, familial status, national origin, disability, or ancestry,
or any limitation based upon affiliation with or approval by any
person, directly or indirectly, employing race, color, religion,
sex, military status, familial status, national origin,
disability, or ancestry as a condition of affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations incorporated
for cemetery purposes.
(13) "Disability" means a physical or mental impairment that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years of
age and who are domiciled with a parent or guardian having legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of securing
legal custody of any individual who is under eighteen years of
age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but not
limited to, mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any of
the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from the
current illegal use of a controlled substance or the current use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for a
family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but is
not limited to, hallways, lounges, lobbies, laundry rooms, refuse
rooms, mail rooms, recreational areas, and passageways among and
between buildings.
(19) "Public use areas" means interior or exterior rooms or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in
the uniformed services" as defined in section 5923.05 of the
Revised Code.
(23) "Aggrieved person" includes both of the following:
(a) Any person who claims to have been injured by any
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code;
(b) Any person who believes that the person will be injured
by, any unlawful discriminatory practice described in division (H)
of section 4112.02 of the Revised Code that is about to occur.
(24) "Unemployment status" means being unemployed and
currently available for employment.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or related
medical conditions. Women affected by pregnancy, childbirth, or
related medical conditions shall be treated the same for all
employment-related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but
similar in their ability or inability to work, and nothing in
division (B) of section 4111.17 of the Revised Code shall be
interpreted to permit otherwise. This division shall not be
construed to require an employer to pay for health insurance
benefits for abortion, except where the life of the mother would
be endangered if the fetus were carried to term or except where
medical complications have arisen from the abortion, provided that
nothing in this division precludes an employer from providing
abortion benefits or otherwise affects bargaining agreements in
regard to abortion.
Sec. 4112.02. It shall be an unlawful discriminatory
practice:
(A) For any employer, because of the race, color, religion,
sex, military status, national origin, disability, age, or
ancestry, or unemployment status of any person, to discharge
without just cause, to refuse to hire, or otherwise to
discriminate against that person with respect to hire, tenure,
terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment.
(B) For an employment agency or personnel placement service,
because of race, color, religion, sex, military status, national
origin, disability, age, or ancestry, or unemployment status, to
do any of the following:
(1) Refuse or fail to accept, register, classify properly, or
refer for employment, or otherwise discriminate against any
person;
(2) Comply with a request from an employer for referral of
applicants for employment if the request directly or indirectly
indicates that the employer fails to comply with the provisions of
sections 4112.01 to 4112.07 of the Revised Code.
(C) For any labor organization to do any of the following:
(1) Limit or classify its membership on the basis of race,
color, religion, sex, military status, national origin,
disability, age,
or ancestry, or unemployment status;
(2) Discriminate against, limit the employment opportunities
of, or otherwise adversely affect the employment status, wages,
hours, or employment conditions of any person as an employee
because of race, color, religion, sex, military status, national
origin, disability, age, or ancestry, or unemployment status.
(D) For any employer, labor organization, or joint
labor-management committee controlling apprentice training
programs to discriminate against any person because of race,
color, religion, sex, military status, national origin,
disability, or ancestry, or unemployment status in admission to,
or employment in, any program established to provide apprentice
training.
(E) Except where based on a bona fide occupational
qualification certified in advance by the commission, for any
employer, employment agency, personnel placement service, or labor
organization, prior to employment or admission to membership, to
do any of the following:
(1) Elicit or attempt to elicit any information concerning
the race, color, religion, sex, military status, national origin,
disability, age, or ancestry of an applicant for employment or
membership;
(2) Make or keep a record of the race, color, religion, sex,
military status, national origin, disability, age, or ancestry of
any applicant for employment or membership;
(3) Use any form of application for employment, or personnel
or membership blank, seeking to elicit information regarding race,
color, religion, sex, military status, national origin,
disability, age, or ancestry; but an employer holding a contract
containing a nondiscrimination clause with the government of the
United States, or any department or agency of that government, may
require an employee or applicant for employment to furnish
documentary proof of United States citizenship and may retain that
proof in the employer's personnel records and may use photographic
or fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification, or
discrimination, based upon race, color, religion, sex, military
status, national origin, disability, age, or ancestry;
(5) Announce or follow a policy of denying or limiting,
through a quota system or otherwise, employment or membership
opportunities of any group because of the race, color, religion,
sex, military status, national origin, disability, age, or
ancestry of that group;
(6) Utilize in the recruitment or hiring of persons any
employment agency, personnel placement service, training school or
center, labor organization, or any other employee-referring source
known to discriminate against persons because of their race,
color, religion, sex, military status, national origin,
disability, age, or ancestry;
(7) Print or publish or cause to be printed or published any
notice or advertisement that includes any provision stating or
suggesting the following:
(a) That current employment is a job qualification;
(b) That an application from a job applicant who is currently
unemployed will not be reviewed or that the applicant will not be
considered for an interview or be hired;
(c) That only applications for employment from applicants who
are currently employed will be considered or reviewed.
Division (E)(7) of this section does not prohibit granting a
preference in employment decisions to current employees of the
employer or requiring previous experience that is relevant to the
employment.
(F) For any person seeking employment to publish or cause to
be published any advertisement that specifies or in any manner
indicates that person's race, color, religion, sex, military
status, national origin, disability, age, or ancestry, or
expresses a limitation or preference as to the race, color,
religion, sex, military status, national origin, disability, age,
or ancestry of any prospective employer.
(G) For any proprietor or any employee, keeper, or manager of
a place of public accommodation to deny to any person, except for
reasons applicable alike to all persons regardless of race, color,
religion, sex, military status, national origin, disability, age,
or ancestry, the full enjoyment of the accommodations, advantages,
facilities, or privileges of the place of public accommodation.
(H) For any person to do any of the following:
(1) Refuse to sell, transfer, assign, rent, lease, sublease,
or finance housing accommodations, refuse to negotiate for the
sale or rental of housing accommodations, or otherwise deny or
make unavailable housing accommodations because of race, color,
religion, sex, military status, familial status, ancestry,
disability, or national origin;
(2) Represent to any person that housing accommodations are
not available for inspection, sale, or rental, when in fact they
are available, because of race, color, religion, sex, military
status, familial status, ancestry, disability, or national origin;
(3) Discriminate against any person in the making or
purchasing of loans or the provision of other financial assistance
for the acquisition, construction, rehabilitation, repair, or
maintenance of housing accommodations, or any person in the making
or purchasing of loans or the provision of other financial
assistance that is secured by residential real estate, because of
race, color, religion, sex, military status, familial status,
ancestry, disability, or national origin or because of the racial
composition of the neighborhood in which the housing
accommodations are located, provided that the person, whether an
individual, corporation, or association of any type, lends money
as one of the principal aspects or incident to the person's
principal business and not only as a part of the purchase price of
an owner-occupied residence the person is selling nor merely
casually or occasionally to a relative or friend;
(4) Discriminate against any person in the terms or
conditions of selling, transferring, assigning, renting, leasing,
or subleasing any housing accommodations or in furnishing
facilities, services, or privileges in connection with the
ownership, occupancy, or use of any housing accommodations,
including the sale of fire, extended coverage, or homeowners
insurance, because of race, color, religion, sex, military status,
familial status, ancestry, disability, or national origin or
because of the racial composition of the neighborhood in which the
housing accommodations are located;
(5) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise, for the acquisition, construction,
rehabilitation, repair, or maintenance of housing accommodations
because of race, color, religion, sex, military status, familial
status, ancestry, disability, or national origin or because of the
racial composition of the neighborhood in which the housing
accommodations are located;
(6) Refuse to consider without prejudice the combined income
of both husband and wife for the purpose of extending mortgage
credit to a married couple or either member of a married couple;
(7) Print, publish, or circulate any statement or
advertisement, or make or cause to be made any statement or
advertisement, relating to the sale, transfer, assignment, rental,
lease, sublease, or acquisition of any housing accommodations, or
relating to the loan of money, whether or not secured by mortgage
or otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations, that indicates
any preference, limitation, specification, or discrimination based
upon race, color, religion, sex, military status, familial status,
ancestry, disability, or national origin, or an intention to make
any such preference, limitation, specification, or discrimination;
(8) Except as otherwise provided in division (H)(8) or (17)
of this section, make any inquiry, elicit any information, make or
keep any record, or use any form of application containing
questions or entries concerning race, color, religion, sex,
military status, familial status, ancestry, disability, or
national origin in connection with the sale or lease of any
housing accommodations or the loan of any money, whether or not
secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair, or maintenance of housing
accommodations. Any person may make inquiries, and make and keep
records, concerning race, color, religion, sex, military status,
familial status, ancestry, disability, or national origin for the
purpose of monitoring compliance with this chapter.
(9) Include in any transfer, rental, or lease of housing
accommodations any restrictive covenant, or honor or exercise, or
attempt to honor or exercise, any restrictive covenant;
(10) Induce or solicit, or attempt to induce or solicit, a
housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur with respect
to the racial, religious, sexual, military status, familial
status, or ethnic composition of the block, neighborhood, or other
area in which the housing accommodations are located, or induce or
solicit, or attempt to induce or solicit, a housing accommodations
listing, sale, or transaction by representing that the presence or
anticipated presence of persons of any race, color, religion, sex,
military status, familial status, ancestry, disability, or
national origin, in the block, neighborhood, or other area will or
may have results including, but not limited to, the following:
(a) The lowering of property values;
(b) A change in the racial, religious, sexual, military
status, familial status, or ethnic composition of the block,
neighborhood, or other area;
(c) An increase in criminal or antisocial behavior in the
block, neighborhood, or other area;
(d) A decline in the quality of the schools serving the
block, neighborhood, or other area.
(11) Deny any person access to or membership or participation
in any multiple-listing service, real estate brokers'
organization, or other service, organization, or facility relating
to the business of selling or renting housing accommodations, or
discriminate against any person in the terms or conditions of that
access, membership, or participation, on account of race, color,
religion, sex, military status, familial status, national origin,
disability, or ancestry;
(12) Coerce, intimidate, threaten, or interfere with any
person in the exercise or enjoyment of, or on account of that
person's having exercised or enjoyed or having aided or encouraged
any other person in the exercise or enjoyment of, any right
granted or protected by division (H) of this section;
(13) Discourage or attempt to discourage the purchase by a
prospective purchaser of housing accommodations, by representing
that any block, neighborhood, or other area has undergone or might
undergo a change with respect to its religious, racial, sexual,
military status, familial status, or ethnic composition;
(14) Refuse to sell, transfer, assign, rent, lease, sublease,
or finance, or otherwise deny or withhold, a burial lot from any
person because of the race, color, sex, military status, familial
status, age, ancestry, disability, or national origin of any
prospective owner or user of the lot;
(15) Discriminate in the sale or rental of, or otherwise make
unavailable or deny, housing accommodations to any buyer or renter
because of a disability of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(15)(b) of this section.
(16) Discriminate in the terms, conditions, or privileges of
the sale or rental of housing accommodations to any person or in
the provision of services or facilities to any person in
connection with the housing accommodations because of a disability
of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(16)(b) of this section.
(17) Except as otherwise provided in division (H)(17) of this
section, make an inquiry to determine whether an applicant for the
sale or rental of housing accommodations, a person residing in or
intending to reside in the housing accommodations after they are
sold, rented, or made available, or any individual associated with
that person has a disability, or make an inquiry to determine the
nature or severity of a disability of the applicant or such a
person or individual. The following inquiries may be made of all
applicants for the sale or rental of housing accommodations,
regardless of whether they have disabilities:
(a) An inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is qualified
for housing accommodations available only to persons with
disabilities or persons with a particular type of disability;
(c) An inquiry to determine whether an applicant is qualified
for a priority available to persons with disabilities or persons
with a particular type of disability;
(d) An inquiry to determine whether an applicant currently
uses a controlled substance in violation of section 2925.11 of the
Revised Code or a substantively comparable municipal ordinance;
(e) An inquiry to determine whether an applicant at any time
has been convicted of or pleaded guilty to any offense, an element
of which is the illegal sale, offer to sell, cultivation,
manufacture, other production, shipment, transportation, delivery,
or other distribution of a controlled substance.
(18)(a) Refuse to permit, at the expense of a person with a
disability, reasonable modifications of existing housing
accommodations that are occupied or to be occupied by the person
with a disability, if the modifications may be necessary to afford
the person with a disability full enjoyment of the housing
accommodations. This division does not preclude a landlord of
housing accommodations that are rented or to be rented to a
disabled tenant from conditioning permission for a proposed
modification upon the disabled tenant's doing one or more of the
following:
(i) Providing a reasonable description of the proposed
modification and reasonable assurances that the proposed
modification will be made in a workerlike manner and that any
required building permits will be obtained prior to the
commencement of the proposed modification;
(ii) Agreeing to restore at the end of the tenancy the
interior of the housing accommodations to the condition they were
in prior to the proposed modification, but subject to reasonable
wear and tear during the period of occupancy, if it is reasonable
for the landlord to condition permission for the proposed
modification upon the agreement;
(iii) Paying into an interest-bearing escrow account that is
in the landlord's name, over a reasonable period of time, a
reasonable amount of money not to exceed the projected costs at
the end of the tenancy of the restoration of the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear
during the period of occupancy, if the landlord finds the account
reasonably necessary to ensure the availability of funds for the
restoration work. The interest earned in connection with an escrow
account described in this division shall accrue to the benefit of
the disabled tenant who makes payments into the account.
(b) A landlord shall not condition permission for a proposed
modification upon a disabled tenant's payment of a security
deposit that exceeds the customarily required security deposit of
all tenants of the particular housing accommodations.
(19) Refuse to make reasonable accommodations in rules,
policies, practices, or services when necessary to afford a person
with a disability equal opportunity to use and enjoy a dwelling
unit, including associated public and common use areas;
(20) Fail to comply with the standards and rules adopted
under division (A) of section 3781.111 of the Revised Code;
(21) Discriminate against any person in the selling,
brokering, or appraising of real property because of race, color,
religion, sex, military status, familial status, ancestry,
disability, or national origin;
(22) Fail to design and construct covered multifamily
dwellings for first occupancy on or after June 30, 1992, in
accordance with the following conditions:
(a) The dwellings shall have at least one building entrance
on an accessible route, unless it is impractical to do so because
of the terrain or unusual characteristics of the site.
(b) With respect to dwellings that have a building entrance
on an accessible route, all of the following apply:
(i) The public use areas and common use areas of the
dwellings shall be readily accessible to and usable by persons
with a disability.
(ii) All the doors designed to allow passage into and within
all premises shall be sufficiently wide to allow passage by
persons with a disability who are in wheelchairs.
(iii) All premises within covered multifamily dwelling units
shall contain an accessible route into and through the dwelling;
all light switches, electrical outlets, thermostats, and other
environmental controls within such units shall be in accessible
locations; the bathroom walls within such units shall contain
reinforcements to allow later installation of grab bars; and the
kitchens and bathrooms within such units shall be designed and
constructed in a manner that enables an individual in a wheelchair
to maneuver about such rooms.
For purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or more
units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.
(I) For any person to discriminate in any manner against any
other person because that person has opposed any unlawful
discriminatory practice defined in this section or because that
person has made a charge, testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under
sections 4112.01 to 4112.07 of the Revised Code.
(J) For any person to aid, abet, incite, compel, or coerce
the doing of any act declared by this section to be an unlawful
discriminatory practice, to obstruct or prevent any person from
complying with this chapter or any order issued under it, or to
attempt directly or indirectly to commit any act declared by this
section to be an unlawful discriminatory practice.
(K)(1) Nothing in division (H) of this section shall bar any
religious or denominational institution or organization, or any
nonprofit charitable or educational organization that is operated,
supervised, or controlled by or in connection with a religious
organization, from limiting the sale, rental, or occupancy of
housing accommodations that it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference in the sale, rental, or occupancy of such housing
accommodations to persons of the same religion, unless membership
in the religion is restricted on account of race, color, or
national origin.
(2) Nothing in division (H) of this section shall bar any
bona fide private or fraternal organization that, incidental to
its primary purpose, owns or operates lodgings for other than a
commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.
(3) Nothing in division (H) of this section limits the
applicability of any reasonable local, state, or federal
restrictions regarding the maximum number of occupants permitted
to occupy housing accommodations. Nothing in that division
prohibits the owners or managers of housing accommodations from
implementing reasonable occupancy standards based on the number
and size of sleeping areas or bedrooms and the overall size of a
dwelling unit, provided that the standards are not implemented to
circumvent the purposes of this chapter and are formulated,
implemented, and interpreted in a manner consistent with this
chapter and any applicable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy
housing accommodations.
(4) Nothing in division (H) of this section requires that
housing accommodations be made available to an individual whose
tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(5) Nothing in division (H) of this section pertaining to
discrimination on the basis of familial status shall be construed
to apply to any of the following:
(a) Housing accommodations provided under any state or
federal program that have been determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended, to be specifically designed and operated to assist
elderly persons;
(b) Housing accommodations intended for and solely occupied
by persons who are sixty-two years of age or older;
(c) Housing accommodations intended and operated for
occupancy by at least one person who is fifty-five years of age or
older per unit, as determined under the "Fair Housing Amendments
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.
(L) Nothing in divisions (A) to (E) of this section shall be
construed to require a person with a disability to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the person with a
disability, other employees, the general public, or the facilities
in which the work is to be performed, or to require the employment
or training of a person with a disability in a job that requires
the person with a disability routinely to undertake any task, the
performance of which is substantially and inherently impaired by
the person's disability.
(M) Nothing in divisions (H)(1) to (18) of this section shall
be construed to require any person selling or renting property to
modify the property in any way or to exercise a higher degree of
care for a person with a disability, to relieve any person with a
disability of any obligation generally imposed on all persons
regardless of disability in a written lease, rental agreement, or
contract of purchase or sale, or to forbid distinctions based on
the inability to fulfill the terms and conditions, including
financial obligations, of the lease, agreement, or contract.
(N) An aggrieved individual may enforce the individual's
rights relative to discrimination on the basis of age as provided
for in this section by instituting a civil action, within one
hundred eighty days after the alleged unlawful discriminatory
practice occurred, in any court with jurisdiction for any legal or
equitable relief that will effectuate the individual's rights.
A person who files a civil action under this division is
barred, with respect to the practices complained of, from
instituting a civil action under section 4112.14 of the Revised
Code and from filing a charge with the commission under section
4112.05 of the Revised Code.
(O) With regard to age, it shall not be an unlawful
discriminatory practice and it shall not constitute a violation of
division (A) of section 4112.14 of the Revised Code for any
employer, employment agency, joint labor-management committee
controlling apprenticeship training programs, or labor
organization to do any of the following:
(1) Establish bona fide employment qualifications reasonably
related to the particular business or occupation that may include
standards for skill, aptitude, physical capability, intelligence,
education, maturation, and experience;
(2) Observe the terms of a bona fide seniority system or any
bona fide employee benefit plan, including, but not limited to, a
retirement, pension, or insurance plan, that is not a subterfuge
to evade the purposes of this section. However, no such employee
benefit plan shall excuse the failure to hire any individual, and
no such seniority system or employee benefit plan shall require or
permit the involuntary retirement of any individual, because of
the individual's age except as provided for in the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,
29 U.S.C.A. 623, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
623, as amended.
(3) Retire an employee who has attained sixty-five years of
age who, for the two-year period immediately before retirement, is
employed in a bona fide executive or a high policymaking position,
if the employee is entitled to an immediate nonforfeitable annual
retirement benefit from a pension, profit-sharing, savings, or
deferred compensation plan, or any combination of those plans, of
the employer of the employee, which equals, in the aggregate, at
least forty-four thousand dollars, in accordance with the
conditions of the "Age Discrimination in Employment Act Amendment
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age
Discrimination in Employment Act Amendments of 1986," 100 Stat.
3342, 29 U.S.C.A. 631, as amended;
(4) Observe the terms of any bona fide apprenticeship program
if the program is registered with the Ohio apprenticeship council
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is
approved by the federal committee on apprenticeship of the United
States department of labor.
(P) Nothing in this chapter prohibiting age discrimination
and nothing in division (A) of section 4112.14 of the Revised Code
shall be construed to prohibit the following:
(1) The designation of uniform age the attainment of which is
necessary for public employees to receive pension or other
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,
or 5505. of the Revised Code;
(2) The mandatory retirement of uniformed patrol officers of
the state highway patrol as provided in section 5505.16 of the
Revised Code;
(3) The maximum age requirements for appointment as a patrol
officer in the state highway patrol established by section 5503.01
of the Revised Code;
(4) The maximum age requirements established for original
appointment to a police department or fire department in sections
124.41 and 124.42 of the Revised Code;
(5) Any maximum age not in conflict with federal law that may
be established by a municipal charter, municipal ordinance, or
resolution of a board of township trustees for original
appointment as a police officer or firefighter;
(6) Any mandatory retirement provision not in conflict with
federal law of a municipal charter, municipal ordinance, or
resolution of a board of township trustees pertaining to police
officers and firefighters;
(7) Until January 1, 1994, the mandatory retirement of any
employee who has attained seventy years of age and who is serving
under a contract of unlimited tenure, or similar arrangement
providing for unlimited tenure, at an institution of higher
education as defined in the "Education Amendments of 1980," 94
Stat. 1503, 20 U.S.C.A. 1141(a).
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this
section, for purposes of divisions (A) to (E) of this section, a
disability does not include any physiological disorder or
condition, mental or psychological disorder, or disease or
condition caused by an illegal use of any controlled substance by
an employee, applicant, or other person, if an employer,
employment agency, personnel placement service, labor
organization, or joint labor-management committee acts on the
basis of that illegal use.
(b) Division (Q)(1)(a) of this section does not apply to an
employee, applicant, or other person who satisfies any of the
following:
(i) The employee, applicant, or other person has successfully
completed a supervised drug rehabilitation program and no longer
is engaging in the illegal use of any controlled substance, or the
employee, applicant, or other person otherwise successfully has
been rehabilitated and no longer is engaging in that illegal use.
(ii) The employee, applicant, or other person is
participating in a supervised drug rehabilitation program and no
longer is engaging in the illegal use of any controlled substance.
(iii) The employee, applicant, or other person is erroneously
regarded as engaging in the illegal use of any controlled
substance, but the employee, applicant, or other person is not
engaging in that illegal use.
(2) Divisions (A) to (E) of this section do not prohibit an
employer, employment agency, personnel placement service, labor
organization, or joint labor-management committee from doing any
of the following:
(a) Adopting or administering reasonable policies or
procedures, including, but not limited to, testing for the illegal
use of any controlled substance, that are designed to ensure that
an individual described in division (Q)(1)(b)(i) or (ii) of this
section no longer is engaging in the illegal use of any controlled
substance;
(b) Prohibiting the illegal use of controlled substances and
the use of alcohol at the workplace by all employees;
(c) Requiring that employees not be under the influence of
alcohol or not be engaged in the illegal use of any controlled
substance at the workplace;
(d) Requiring that employees behave in conformance with the
requirements established under "The Drug-Free Workplace Act of
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;
(e) Holding an employee who engages in the illegal use of any
controlled substance or who is an alcoholic to the same
qualification standards for employment or job performance, and the
same behavior, to which the employer, employment agency, personnel
placement service, labor organization, or joint labor-management
committee holds other employees, even if any unsatisfactory
performance or behavior is related to an employee's illegal use of
a controlled substance or alcoholism;
(f) Exercising other authority recognized in the "Americans
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,
as amended, including, but not limited to, requiring employees to
comply with any applicable federal standards.
(3) For purposes of this chapter, a test to determine the
illegal use of any controlled substance does not include a medical
examination.
(4) Division (Q) of this section does not encourage,
prohibit, or authorize, and shall not be construed as encouraging,
prohibiting, or authorizing, the conduct of testing for the
illegal use of any controlled substance by employees, applicants,
or other persons, or the making of employment decisions based on
the results of that type of testing.
Sec. 4112.99. (A) Whoever violates this chapter is subject to
a civil action for damages, injunctive relief, or any other
appropriate relief.
(B) In addition to any damages and relief which may be
available in division (A) of this section, a court shall impose a
fine on whoever violates division (A), (B), (C), or (D) of section
4112.02 of the Revised Code because of or on the basis of
unemployment status or violates division (E)(7) of section 4112.02
of the Revised Code. The amount of the fine shall be five thousand
dollars for the first violation of one of these divisions and ten
thousand dollars for each subsequent violation.
Section 2. That existing sections 4112.01, 4112.02, and
4112.99 of the Revised Code are hereby repealed.
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