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H. B. No. 82 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Hayes, Blair
Cosponsors:
Representatives Wachtmann, Derickson, Becker, Terhar, Boose, Thompson, Scherer, Buchy, Conditt
A BILL
To amend section 4112.01 of the Revised Code to
exempt religious corporations, associations,
educational institutions, or societies from the
definition of "employer" for the purpose of Ohio's
Civil Rights law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4112.01 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, but shall not include a religious
corporation, association, educational institution, or society with
respect to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, or society.
(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.
(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.
Section 2. That existing section 4112.01 of the Revised Code
is hereby repealed.
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