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S. B. No. 92 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 3314.03, 3326.11, 4111.04, 4111.05,
4111.06, 4111.07, 4111.09, 4111.11, 4111.12,
4111.13, 4111.17, 4111.99, and 4112.01 and to
amend, for the purpose of adopting a new section
number as indicated in parentheses, section
4111.17 (4112.16) of the Revised Code to enact the
"Fair and Acceptable Income Required (FAIR) Act"
and to revise the enforcement of the prohibitions
against discrimination in the payment of wages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3326.11, 4111.04, 4111.05,
4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 4111.17,
4111.99, and 4112.01 be amended and section 4111.17 (4112.16) of
the Revised Code be amended for the purpose of adopting a new
section number as indicated in parentheses, to read as follows:
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including the following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours per week
pursuant to section 3319.301 of the Revised Code;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,
3321.19, 3321.191, 3327.10, 4111.17 4112.16, 4113.52, and 5705.391
and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123.,
4141., and 4167. of the Revised Code as if it were a school
district and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17 4112.16, 4113.52, and 5705.391 and
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if it were a
school district.
Sec. 4111.04. The director of commerce may:
(A) Investigate and ascertain the wages of persons employed
in any occupation in the state;
(B) Enter and inspect the place of business or employment of
any employer for the purpose of inspecting any books, registers,
payrolls, or other records of the employer that in any way relate
to the question of wages, hours, and other conditions of
employment of any employees, and may question the employees for
the purpose of ascertaining whether sections 4111.01 to
4111.17
4111.14 and 4112.16 of the Revised Code, and the rules adopted
thereunder, have been and are being obeyed. In conducting an
inspection of the records of an employer, the director shall make
every effort to coordinate the inspection with those conducted by
the federal agency responsible for enforcement of the "Fair Labor
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as
amended. If the federal agency has completed an audit or
examination of the employer's records within the sixty days prior
to the date the director notifies the employer of the director's
intent to examine the employer's records, the director shall
accept in lieu of the director's own inspection, a report from the
federal agency that the employer is in compliance with the federal
act, unless the director has reasonable grounds for believing that
the report is inaccurate or incomplete for the purposes of
sections 4111.01 to 4111.13 of the Revised Code, or that events
occurring since the audit give the director reasonable grounds for
believing that a violation of sections 4111.01 to 4111.13 of the
Revised Code has occurred.
(C) In the event the director is prohibited by any employer
from carrying out the intent of this section, the director may
issue subpoenas and compel attendance of witnesses and production
of papers, books, accounts, payrolls, documents, records, and
testimony relating and relevant to the director's investigation.
Sec. 4111.05. The director of commerce shall adopt rules in
accordance with Chapter 119. of the Revised Code as the director
considers appropriate to carry out the purposes of sections
4111.01 to 4111.17 4111.14 of the Revised Code. The rules may be
amended from time to time and may include, but are not limited to,
rules defining and governing apprentices, their number,
proportion, and length of service; bonuses and special pay for
special or extra work; permitted deductions or charges to
employees for board, lodging, apparel, or other facilities or
services customarily furnished by employers to employees;
inclusion of ascertainable gratuities in wages paid; allowances
for unascertainable gratuities or for other special conditions or
circumstances which may be usual in particular employer-employee
relationships; and the method of computation or the period of time
over which wages may be averaged to determine whether the minimum
wage or overtime rate has been paid.
Sec. 4111.06. In order to prevent curtailment of
opportunities for employment, to avoid undue hardship, and to
safeguard the minimum wage rates under sections 4111.01 to 4111.17
4111.14 of the Revised Code, the director of commerce shall adopt
rules under section 4111.05 of the Revised Code, permitting
employment in any occupation at wages lower than the wage rates
applicable under sections 4111.01 to 4111.17 4111.14 of the
Revised Code, of individuals whose earning capacity is impaired by
physical or mental deficiencies or injuries. The rules shall
provide for licenses to be issued authorizing employment at the
wages of specific individuals or groups of employees, or by
specific employers or groups of employers, pursuant to the rules.
The rules shall not conflict with the "Americans with Disabilities
Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.
Sec. 4111.07. The director of commerce may adopt rules under
section 4111.05 of the Revised Code, permitting employment of
apprentices at a wage rate not less than eighty-five per cent of
the minimum wage rate applicable under sections 4111.01 to 4111.17
4111.14 of the Revised Code. The rules shall provide for licenses
to be issued for periods not to exceed ninety days and authorizing
employment at the wages of specific individuals or groups of
employees, or by specific employers or groups of employers,
pursuant to the rules.
Sec. 4111.09. Every employer subject to sections 4111.01 to
4111.17 4111.14 and 4112.16 of the Revised Code, or to any rules
issued thereunder, shall keep a summary of the sections, approved
by the director of commerce, and copies of any applicable rules
issued thereunder, or a summary of the rules, posted in a
conspicuous and accessible place in or about the premises wherein
any person subject thereto is employed. The director of commerce
shall make the summary described in this section available on the
web site of the department of commerce. The director shall update
this summary as necessary, but not less than annually, in order to
reflect changes in the minimum wage rate as required under Section
34a of Article II, Ohio Constitution. Employees and employers
shall be furnished copies of the summaries and rules by the state,
on request, without charge.
Sec. 4111.11. Any standards relating to minimum wages,
overtime compensation, or other working conditions in effect under
any other law of this state on the effective date of sections
4111.01 to 4111.17 4111.14 of the Revised Code, which are more
favorable to employees than those applicable to employees under
sections or regulations issued hereunder, are not amended,
rescinded, or otherwise affected by said sections, but continue in
full force and effect, and may be enforced as provided by law
until they are specifically superseded by standards more favorable
to the employees by operation of or in accordance with regulations
issued under said sections.
Sec. 4111.12. Nothing in sections 4111.01 to 4111.17 4111.14
of the Revised Code interferes with, impedes, or in any way
diminishes the right of employees to bargain collectively with
their employers through representatives of their own choosing in
order to establish wages or other conditions of work in excess of
the applicable minimum under sections 4111.01 to 4111.17 4111.14
of the Revised Code.
Sec. 4111.13. (A) No employer shall hinder or delay the
director of commerce in the performance of the director's duties
in the enforcement of sections 4111.01 to 4111.17 4111.14 of the
Revised Code, or refuse to admit the director to any place of
employment, or fail to make, keep, and preserve any records as
required under those sections, or falsify any of those records, or
refuse to make them accessible to the director upon demand, or
refuse to furnish them or any other information required for the
proper enforcement of those sections to the director upon demand,
or fail to post a summary of those sections or a copy of any
applicable rules as required by section 4111.09 of the Revised
Code. Each day of violation constitutes a separate offense.
(B) No employer shall discharge or in any other manner
discriminate against any employee because the employee has made
any complaint to the employee's employer, or to the director, that
the employee has not been paid wages in accordance with sections
4111.01 to 4111.17 4111.14 of the Revised Code, or because the
employee has made any complaint or is about to cause to be
instituted any proceeding under or related to those sections, or
because the employee has testified or is about to testify in any
proceeding.
(C) No employer shall pay or agree to pay wages at a rate
less than the rate applicable under sections 4111.01 to 4111.17
4111.14 of the Revised Code. Each week or portion thereof for
which the employer pays any employee less than the rate applicable
under those sections constitutes a separate offense as to each
employer.
(D) No employer shall otherwise violate sections 4111.01 to
4111.17 4111.14 of the Revised Code, or any rule adopted
thereunder. Each day of violation constitutes a separate offense.
Sec. 4111.99. (A) Whoever violates division (A) or (D) of
section 4111.13 of the Revised Code is guilty of a misdemeanor of
the fourth degree.
(B) Whoever violates division (B) or (C) of section 4111.13
of the Revised Code is guilty of a misdemeanor of the third
degree.
(C) Whoever violates section 4111.17 of the Revised Code is
guilty of a minor misdemeanor.
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.
(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 4112.16 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. 4111.17 4112.16. (A) No employer, including the state
and political subdivisions thereof, shall discriminate in the
payment of wages on the basis of race, color, religion, sex, age,
national origin, or age, ancestry, sexual orientation, or gender
identity 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 bona fide
factor
other than race, color, religion, sex, age, national
origin, or ancestry, such as education, training, or experience
that meets the criteria described in division (C) of this section.
(C)(1) An employer may defend a wage rate differential made
under division (B)(4) of this section only if the employer can
demonstrate all of the following:
(a) The difference is based on a factor substantially related
to the employee's position and performance, such as education,
training, or experience.
(b) The difference is not related to the employee's race,
color, religion, sex, national origin, age, ancestry, sexual
orientation, or gender identity.
(c) The difference is consistent with business necessity.
(2) The defense described in division (C)(1) of this section
shall be rebutted if an employee making an allegation of wage
discrimination or the commission demonstrates both of the
following:
(a) An alternative employment practice exists that would
serve the same business purpose without producing the wage rate
differential.
(b) The employer has refused to adopt the alternative
practice.
(D) No employer shall reduce the wage rate of any employee in
order to comply with this section.
(D)(E) The director of commerce commission 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. Notwithstanding the definitions of "tort
action" in sections 2315.18 to 2315.21 of the Revised Code, such
an action shall be considered a tort action for the purposes of
those sections and shall be subject to sections 2315.18 to 2315.21
of the Revised Code, except to the extent those sections conflict
with this section. The director commission 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 commission may sue in one action for
claims assigned to the director commission 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)(F) Any action arising under this section shall be
initiated within one year after the date of violation.
(G)(1) No employer shall discriminate against any employee
because the employee makes a complaint, or institutes or testifies
in any proceeding, under this section.
(2) No employer shall discriminate against an employee for
inquiring about, discussing, or disclosing the wages of the
employee or another employee in response to a complaint or charge,
or in furtherance of a discrimination investigation, proceeding,
hearing, or action, or an investigation conducted by the employer.
(3) Any person discriminated against in violation of division
(G)(1) or (2) of this section may sue in any court of competent
jurisdiction to recover damages, injunctive relief, or any other
appropriate relief.
(H) In addition to any other award made under this section,
the court or jury may award punitive or exemplary damages in
accordance with section 2315.21 of the Revised Code in an amount
sufficient to deter future violations.
(I) As used in this section:
(1) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality, whether actual or perceived.
(2) "Gender identity" means an individual's self-perception,
or perception of that person by another, of the individual's
identity as male or female as realized through the person's
appearance, behavior, or physical characteristics, regardless of
whether such appearance, behavior, or physical characteristics are
in accord with or opposed to the person's physical anatomy,
chromosomal sex, or sex at birth.
Section 2. That existing sections 3314.03, 3326.11, 4111.04,
4111.05, 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13,
4111.17, 4111.99, and 4112.01 of the Revised Code are hereby
repealed.
Section 3. The General Assembly, in enacting this
legislation, hereby declares its intent to ensure equal pay for
women in Ohio and to correct the historical wage disparity that
has occurred between the sexes.
Section 4. This act shall be known as the "Fair and
Acceptable Income Required (FAIR) Act."
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