Bill Text: OH SB349 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2012-05-22 - To Insurance, Commerce, & Labor [SB349 Detail]
Download: Ohio-2011-SB349-Introduced.html
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Senators Turner, Tavares
Cosponsors:
Senators Kearney, Sawyer, Brown, Schiavoni, Gentile, Cafaro, Skindell
To amend sections 3314.03, 3326.11, 4111.04, 4111.05, | 1 |
4111.06, 4111.07, 4111.09, 4111.11, 4111.12, | 2 |
4111.13, 4111.17, 4111.99, and 4112.01, to amend, | 3 |
for the purpose of adopting a new section number | 4 |
as indicated in parentheses, section 4111.17 | 5 |
(4112.16) of the Revised Code to enact the "Fair | 6 |
and Acceptable Income Required (FAIR) Act" and to | 7 |
revise the enforcement of the prohibitions against | 8 |
discrimination in the payment of wages. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3326.11, 4111.04, 4111.05, | 10 |
4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 4111.17, | 11 |
4111.99, and 4112.01 be amended, and section 4111.17 (4112.16) of | 12 |
the Revised Code be amended for the purpose of adopting a new | 13 |
section number as indicated in parentheses, to read as follows: | 14 |
Sec. 3314.03. A copy of every contract entered into under | 15 |
this section shall be filed with the superintendent of public | 16 |
instruction. | 17 |
(A) Each contract entered into between a sponsor and the | 18 |
governing authority of a community school shall specify the | 19 |
following: | 20 |
(1) That the school shall be established as either of the | 21 |
following: | 22 |
(a) A nonprofit corporation established under Chapter 1702. | 23 |
of the Revised Code, if established prior to April 8, 2003; | 24 |
(b) A public benefit corporation established under Chapter | 25 |
1702. of the Revised Code, if established after April 8, 2003. | 26 |
(2) The education program of the school, including the | 27 |
school's mission, the characteristics of the students the school | 28 |
is expected to attract, the ages and grades of students, and the | 29 |
focus of the curriculum; | 30 |
(3) The academic goals to be achieved and the method of | 31 |
measurement that will be used to determine progress toward those | 32 |
goals, which shall include the statewide achievement assessments; | 33 |
(4) Performance standards by which the success of the school | 34 |
will be evaluated by the sponsor; | 35 |
(5) The admission standards of section 3314.06 of the Revised | 36 |
Code and, if applicable, section 3314.061 of the Revised Code; | 37 |
(6)(a) Dismissal procedures; | 38 |
(b) A requirement that the governing authority adopt an | 39 |
attendance policy that includes a procedure for automatically | 40 |
withdrawing a student from the school if the student without a | 41 |
legitimate excuse fails to participate in one hundred five | 42 |
consecutive hours of the learning opportunities offered to the | 43 |
student. | 44 |
(7) The ways by which the school will achieve racial and | 45 |
ethnic balance reflective of the community it serves; | 46 |
(8) Requirements for financial audits by the auditor of | 47 |
state. The contract shall require financial records of the school | 48 |
to be maintained in the same manner as are financial records of | 49 |
school districts, pursuant to rules of the auditor of state. | 50 |
Audits shall be conducted in accordance with section 117.10 of the | 51 |
Revised Code. | 52 |
(9) The facilities to be used and their locations; | 53 |
(10) Qualifications of teachers, including the following: | 54 |
(a) A requirement that the school's classroom teachers be | 55 |
licensed in accordance with sections 3319.22 to 3319.31 of the | 56 |
Revised Code, except that a community school may engage | 57 |
noncertificated persons to teach up to twelve hours per week | 58 |
pursuant to section 3319.301 of the Revised Code; | 59 |
(b) A requirement that each classroom teacher initially hired | 60 |
by the school on or after July 1, 2013, and employed to provide | 61 |
instruction in physical education hold a valid license issued | 62 |
pursuant to section 3319.22 of the Revised Code for teaching | 63 |
physical education. | 64 |
(11) That the school will comply with the following | 65 |
requirements: | 66 |
(a) The school will provide learning opportunities to a | 67 |
minimum of twenty-five students for a minimum of nine hundred | 68 |
twenty hours per school year. | 69 |
(b) The governing authority will purchase liability | 70 |
insurance, or otherwise provide for the potential liability of the | 71 |
school. | 72 |
(c) The school will be nonsectarian in its programs, | 73 |
admission policies, employment practices, and all other | 74 |
operations, and will not be operated by a sectarian school or | 75 |
religious institution. | 76 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 77 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 78 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 79 |
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648, | 80 |
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 81 |
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 82 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817, | 83 |
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, | 84 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 85 |
3321.191, 3327.10, | 86 |
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 87 |
and 4167. of the Revised Code as if it were a school district and | 88 |
will comply with section 3301.0714 of the Revised Code in the | 89 |
manner specified in section 3314.17 of the Revised Code. | 90 |
(e) The school shall comply with Chapter 102. and section | 91 |
2921.42 of the Revised Code. | 92 |
(f) The school will comply with sections 3313.61, 3313.611, | 93 |
and 3313.614 of the Revised Code, except that for students who | 94 |
enter ninth grade for the first time before July 1, 2010, the | 95 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 96 |
that a person must successfully complete the curriculum in any | 97 |
high school prior to receiving a high school diploma may be met by | 98 |
completing the curriculum adopted by the governing authority of | 99 |
the community school rather than the curriculum specified in Title | 100 |
XXXIII of the Revised Code or any rules of the state board of | 101 |
education. Beginning with students who enter ninth grade for the | 102 |
first time on or after July 1, 2010, the requirement in sections | 103 |
3313.61 and 3313.611 of the Revised Code that a person must | 104 |
successfully complete the curriculum of a high school prior to | 105 |
receiving a high school diploma shall be met by completing the | 106 |
Ohio core curriculum prescribed in division (C) of section | 107 |
3313.603 of the Revised Code, unless the person qualifies under | 108 |
division (D) or (F) of that section. Each school shall comply with | 109 |
the plan for awarding high school credit based on demonstration of | 110 |
subject area competency, adopted by the state board of education | 111 |
under division (J) of section 3313.603 of the Revised Code. | 112 |
(g) The school governing authority will submit within four | 113 |
months after the end of each school year a report of its | 114 |
activities and progress in meeting the goals and standards of | 115 |
divisions (A)(3) and (4) of this section and its financial status | 116 |
to the sponsor and the parents of all students enrolled in the | 117 |
school. | 118 |
(h) The school, unless it is an internet- or computer-based | 119 |
community school, will comply with sections 3313.674 and 3313.801 | 120 |
of the Revised Code as if it were a school district. | 121 |
(i) If the school is the recipient of moneys from a grant | 122 |
awarded under the federal race to the top program, Division (A), | 123 |
Title XIV, Sections 14005 and 14006 of the "American Recovery and | 124 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 125 |
school will pay teachers based upon performance in accordance with | 126 |
section 3317.141 and will comply with section 3319.111 of the | 127 |
Revised Code as if it were a school district. | 128 |
(12) Arrangements for providing health and other benefits to | 129 |
employees; | 130 |
(13) The length of the contract, which shall begin at the | 131 |
beginning of an academic year. No contract shall exceed five years | 132 |
unless such contract has been renewed pursuant to division (E) of | 133 |
this section. | 134 |
(14) The governing authority of the school, which shall be | 135 |
responsible for carrying out the provisions of the contract; | 136 |
(15) A financial plan detailing an estimated school budget | 137 |
for each year of the period of the contract and specifying the | 138 |
total estimated per pupil expenditure amount for each such year. | 139 |
The plan shall specify for each year the base formula amount that | 140 |
will be used for purposes of funding calculations under section | 141 |
3314.08 of the Revised Code. This base formula amount for any year | 142 |
shall not exceed the formula amount defined under section 3317.02 | 143 |
of the Revised Code. The plan may also specify for any year a | 144 |
percentage figure to be used for reducing the per pupil amount of | 145 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 146 |
Code the school is to receive that year under section 3314.08 of | 147 |
the Revised Code. | 148 |
(16) Requirements and procedures regarding the disposition of | 149 |
employees of the school in the event the contract is terminated or | 150 |
not renewed pursuant to section 3314.07 of the Revised Code; | 151 |
(17) Whether the school is to be created by converting all or | 152 |
part of an existing public school or educational service center | 153 |
building or is to be a new start-up school, and if it is a | 154 |
converted public school or service center building, specification | 155 |
of any duties or responsibilities of an employer that the board of | 156 |
education or service center governing board that operated the | 157 |
school or building before conversion is delegating to the | 158 |
governing authority of the community school with respect to all or | 159 |
any specified group of employees provided the delegation is not | 160 |
prohibited by a collective bargaining agreement applicable to such | 161 |
employees; | 162 |
(18) Provisions establishing procedures for resolving | 163 |
disputes or differences of opinion between the sponsor and the | 164 |
governing authority of the community school; | 165 |
(19) A provision requiring the governing authority to adopt a | 166 |
policy regarding the admission of students who reside outside the | 167 |
district in which the school is located. That policy shall comply | 168 |
with the admissions procedures specified in sections 3314.06 and | 169 |
3314.061 of the Revised Code and, at the sole discretion of the | 170 |
authority, shall do one of the following: | 171 |
(a) Prohibit the enrollment of students who reside outside | 172 |
the district in which the school is located; | 173 |
(b) Permit the enrollment of students who reside in districts | 174 |
adjacent to the district in which the school is located; | 175 |
(c) Permit the enrollment of students who reside in any other | 176 |
district in the state. | 177 |
(20) A provision recognizing the authority of the department | 178 |
of education to take over the sponsorship of the school in | 179 |
accordance with the provisions of division (C) of section 3314.015 | 180 |
of the Revised Code; | 181 |
(21) A provision recognizing the sponsor's authority to | 182 |
assume the operation of a school under the conditions specified in | 183 |
division (B) of section 3314.073 of the Revised Code; | 184 |
(22) A provision recognizing both of the following: | 185 |
(a) The authority of public health and safety officials to | 186 |
inspect the facilities of the school and to order the facilities | 187 |
closed if those officials find that the facilities are not in | 188 |
compliance with health and safety laws and regulations; | 189 |
(b) The authority of the department of education as the | 190 |
community school oversight body to suspend the operation of the | 191 |
school under section 3314.072 of the Revised Code if the | 192 |
department has evidence of conditions or violations of law at the | 193 |
school that pose an imminent danger to the health and safety of | 194 |
the school's students and employees and the sponsor refuses to | 195 |
take such action. | 196 |
(23) A description of the learning opportunities that will be | 197 |
offered to students including both classroom-based and | 198 |
non-classroom-based learning opportunities that is in compliance | 199 |
with criteria for student participation established by the | 200 |
department under division (L)(2) of section 3314.08 of the Revised | 201 |
Code; | 202 |
(24) The school will comply with sections 3302.04 and | 203 |
3302.041 of the Revised Code, except that any action required to | 204 |
be taken by a school district pursuant to those sections shall be | 205 |
taken by the sponsor of the school. However, the sponsor shall not | 206 |
be required to take any action described in division (F) of | 207 |
section 3302.04 of the Revised Code. | 208 |
(25) Beginning in the 2006-2007 school year, the school will | 209 |
open for operation not later than the thirtieth day of September | 210 |
each school year, unless the mission of the school as specified | 211 |
under division (A)(2) of this section is solely to serve dropouts. | 212 |
In its initial year of operation, if the school fails to open by | 213 |
the thirtieth day of September, or within one year after the | 214 |
adoption of the contract pursuant to division (D) of section | 215 |
3314.02 of the Revised Code if the mission of the school is solely | 216 |
to serve dropouts, the contract shall be void. | 217 |
(B) The community school shall also submit to the sponsor a | 218 |
comprehensive plan for the school. The plan shall specify the | 219 |
following: | 220 |
(1) The process by which the governing authority of the | 221 |
school will be selected in the future; | 222 |
(2) The management and administration of the school; | 223 |
(3) If the community school is a currently existing public | 224 |
school or educational service center building, alternative | 225 |
arrangements for current public school students who choose not to | 226 |
attend the converted school and for teachers who choose not to | 227 |
teach in the school or building after conversion; | 228 |
(4) The instructional program and educational philosophy of | 229 |
the school; | 230 |
(5) Internal financial controls. | 231 |
(C) A contract entered into under section 3314.02 of the | 232 |
Revised Code between a sponsor and the governing authority of a | 233 |
community school may provide for the community school governing | 234 |
authority to make payments to the sponsor, which is hereby | 235 |
authorized to receive such payments as set forth in the contract | 236 |
between the governing authority and the sponsor. The total amount | 237 |
of such payments for oversight and monitoring of the school shall | 238 |
not exceed three per cent of the total amount of payments for | 239 |
operating expenses that the school receives from the state. | 240 |
(D) The contract shall specify the duties of the sponsor | 241 |
which shall be in accordance with the written agreement entered | 242 |
into with the department of education under division (B) of | 243 |
section 3314.015 of the Revised Code and shall include the | 244 |
following: | 245 |
(1) Monitor the community school's compliance with all laws | 246 |
applicable to the school and with the terms of the contract; | 247 |
(2) Monitor and evaluate the academic and fiscal performance | 248 |
and the organization and operation of the community school on at | 249 |
least an annual basis; | 250 |
(3) Report on an annual basis the results of the evaluation | 251 |
conducted under division (D)(2) of this section to the department | 252 |
of education and to the parents of students enrolled in the | 253 |
community school; | 254 |
(4) Provide technical assistance to the community school in | 255 |
complying with laws applicable to the school and terms of the | 256 |
contract; | 257 |
(5) Take steps to intervene in the school's operation to | 258 |
correct problems in the school's overall performance, declare the | 259 |
school to be on probationary status pursuant to section 3314.073 | 260 |
of the Revised Code, suspend the operation of the school pursuant | 261 |
to section 3314.072 of the Revised Code, or terminate the contract | 262 |
of the school pursuant to section 3314.07 of the Revised Code as | 263 |
determined necessary by the sponsor; | 264 |
(6) Have in place a plan of action to be undertaken in the | 265 |
event the community school experiences financial difficulties or | 266 |
closes prior to the end of a school year. | 267 |
(E) Upon the expiration of a contract entered into under this | 268 |
section, the sponsor of a community school may, with the approval | 269 |
of the governing authority of the school, renew that contract for | 270 |
a period of time determined by the sponsor, but not ending earlier | 271 |
than the end of any school year, if the sponsor finds that the | 272 |
school's compliance with applicable laws and terms of the contract | 273 |
and the school's progress in meeting the academic goals prescribed | 274 |
in the contract have been satisfactory. Any contract that is | 275 |
renewed under this division remains subject to the provisions of | 276 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 277 |
(F) If a community school fails to open for operation within | 278 |
one year after the contract entered into under this section is | 279 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 280 |
Code or permanently closes prior to the expiration of the | 281 |
contract, the contract shall be void and the school shall not | 282 |
enter into a contract with any other sponsor. A school shall not | 283 |
be considered permanently closed because the operations of the | 284 |
school have been suspended pursuant to section 3314.072 of the | 285 |
Revised Code. | 286 |
Sec. 3326.11. Each science, technology, engineering, and | 287 |
mathematics school established under this chapter and its | 288 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 289 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 290 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 291 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 292 |
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 293 |
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, | 294 |
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 295 |
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 296 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 297 |
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 298 |
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 299 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 300 |
3321.191, 3327.10, | 301 |
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., | 302 |
4112., 4123., 4141., and 4167. of the Revised Code as if it were a | 303 |
school district. | 304 |
Sec. 4111.04. The director of commerce may: | 305 |
(A) Investigate and ascertain the wages of persons employed | 306 |
in any occupation in the state; | 307 |
(B) Enter and inspect the place of business or employment of | 308 |
any employer for the purpose of inspecting any books, registers, | 309 |
payrolls, or other records of the employer that in any way relate | 310 |
to the question of wages, hours, and other conditions of | 311 |
employment of any employees, and may question the employees for | 312 |
the purpose of ascertaining whether sections 4111.01 to
| 313 |
4111.14 and 4112.16 of the Revised Code, and the rules adopted | 314 |
thereunder, have been and are being obeyed. In conducting an | 315 |
inspection of the records of an employer, the director shall make | 316 |
every effort to coordinate the inspection with those conducted by | 317 |
the federal agency responsible for enforcement of the "Fair Labor | 318 |
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as | 319 |
amended. If the federal agency has completed an audit or | 320 |
examination of the employer's records within the sixty days prior | 321 |
to the date the director notifies the employer of the director's | 322 |
intent to examine the employer's records, the director shall | 323 |
accept in lieu of the director's own inspection, a report from the | 324 |
federal agency that the employer is in compliance with the federal | 325 |
act, unless the director has reasonable grounds for believing that | 326 |
the report is inaccurate or incomplete for the purposes of | 327 |
sections 4111.01 to 4111.13 of the Revised Code, or that events | 328 |
occurring since the audit give the director reasonable grounds for | 329 |
believing that a violation of sections 4111.01 to 4111.13 of the | 330 |
Revised Code has occurred. | 331 |
(C) In the event the director is prohibited by any employer | 332 |
from carrying out the intent of this section, the director may | 333 |
issue subpoenas and compel attendance of witnesses and production | 334 |
of papers, books, accounts, payrolls, documents, records, and | 335 |
testimony relating and relevant to the director's investigation. | 336 |
Sec. 4111.05. The director of commerce shall adopt rules in | 337 |
accordance with Chapter 119. of the Revised Code as the director | 338 |
considers appropriate to carry out the purposes of sections | 339 |
4111.01 to | 340 |
amended from time to time and may include, but are not limited to, | 341 |
rules defining and governing apprentices, their number, | 342 |
proportion, and length of service; bonuses and special pay for | 343 |
special or extra work; permitted deductions or charges to | 344 |
employees for board, lodging, apparel, or other facilities or | 345 |
services customarily furnished by employers to employees; | 346 |
inclusion of ascertainable gratuities in wages paid; allowances | 347 |
for unascertainable gratuities or for other special conditions or | 348 |
circumstances which may be usual in particular employer-employee | 349 |
relationships; and the method of computation or the period of time | 350 |
over which wages may be averaged to determine whether the minimum | 351 |
wage or overtime rate has been paid. | 352 |
Sec. 4111.06. In order to prevent curtailment of | 353 |
opportunities for employment, to avoid undue hardship, and to | 354 |
safeguard the minimum wage rates under sections 4111.01 to | 355 |
4111.14 of the Revised Code, the director of commerce shall adopt | 356 |
rules under section 4111.05 of the Revised Code, permitting | 357 |
employment in any occupation at wages lower than the wage rates | 358 |
applicable under sections 4111.01 to | 359 |
Revised Code, of individuals whose earning capacity is impaired by | 360 |
physical or mental deficiencies or injuries. The rules shall | 361 |
provide for licenses to be issued authorizing employment at the | 362 |
wages of specific individuals or groups of employees, or by | 363 |
specific employers or groups of employers, pursuant to the rules. | 364 |
The rules shall not conflict with the "Americans with Disabilities | 365 |
Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq. | 366 |
Sec. 4111.07. The director of commerce may adopt rules under | 367 |
section 4111.05 of the Revised Code, permitting employment of | 368 |
apprentices at a wage rate not less than eighty-five per cent of | 369 |
the minimum wage rate applicable under sections 4111.01 to | 370 |
4111.14 of the Revised Code. The rules shall provide for licenses | 371 |
to be issued for periods not to exceed ninety days and authorizing | 372 |
employment at the wages of specific individuals or groups of | 373 |
employees, or by specific employers or groups of employers, | 374 |
pursuant to the rules. | 375 |
Sec. 4111.09. Every employer subject to sections 4111.01 to | 376 |
377 | |
issued thereunder, shall keep a summary of the sections, approved | 378 |
by the director of commerce, and copies of any applicable rules | 379 |
issued thereunder, or a summary of the rules, posted in a | 380 |
conspicuous and accessible place in or about the premises wherein | 381 |
any person subject thereto is employed. The director of commerce | 382 |
shall make the summary described in this section available on the | 383 |
web site of the department of commerce. The director shall update | 384 |
this summary as necessary, but not less than annually, in order to | 385 |
reflect changes in the minimum wage rate as required under Section | 386 |
34a of Article II, Ohio Constitution. Employees and employers | 387 |
shall be furnished copies of the summaries and rules by the state, | 388 |
on request, without charge. | 389 |
Sec. 4111.11. Any standards relating to minimum wages, | 390 |
overtime compensation, or other working conditions in effect under | 391 |
any other law of this state on the effective date of sections | 392 |
4111.01 to | 393 |
favorable to employees than those applicable to employees under | 394 |
sections or regulations issued hereunder, are not amended, | 395 |
rescinded, or otherwise affected by said sections, but continue in | 396 |
full force and effect, and may be enforced as provided by law | 397 |
until they are specifically superseded by standards more favorable | 398 |
to the employees by operation of or in accordance with regulations | 399 |
issued under said sections. | 400 |
Sec. 4111.12. Nothing in sections 4111.01 to | 401 |
of the Revised Code interferes with, impedes, or in any way | 402 |
diminishes the right of employees to bargain collectively with | 403 |
their employers through representatives of their own choosing in | 404 |
order to establish wages or other conditions of work in excess of | 405 |
the applicable minimum under sections 4111.01 to | 406 |
of the Revised Code. | 407 |
Sec. 4111.13. (A) No employer shall hinder or delay the | 408 |
director of commerce in the performance of the director's duties | 409 |
in the enforcement of sections 4111.01 to | 410 |
Revised Code, or refuse to admit the director to any place of | 411 |
employment, or fail to make, keep, and preserve any records as | 412 |
required under those sections, or falsify any of those records, or | 413 |
refuse to make them accessible to the director upon demand, or | 414 |
refuse to furnish them or any other information required for the | 415 |
proper enforcement of those sections to the director upon demand, | 416 |
or fail to post a summary of those sections or a copy of any | 417 |
applicable rules as required by section 4111.09 of the Revised | 418 |
Code. Each day of violation constitutes a separate offense. | 419 |
(B) No employer shall discharge or in any other manner | 420 |
discriminate against any employee because the employee has made | 421 |
any complaint to the employee's employer, or to the director, that | 422 |
the employee has not been paid wages in accordance with sections | 423 |
4111.01 to | 424 |
employee has made any complaint or is about to cause to be | 425 |
instituted any proceeding under or related to those sections, or | 426 |
because the employee has testified or is about to testify in any | 427 |
proceeding. | 428 |
(C) No employer shall pay or agree to pay wages at a rate | 429 |
less than the rate applicable under sections 4111.01 to | 430 |
4111.14 of the Revised Code. Each week or portion thereof for | 431 |
which the employer pays any employee less than the rate applicable | 432 |
under those sections constitutes a separate offense as to each | 433 |
employer. | 434 |
(D) No employer shall otherwise violate sections 4111.01 to | 435 |
436 | |
thereunder. Each day of violation constitutes a separate offense. | 437 |
Sec. 4111.99. (A) Whoever violates division (A) or (D) of | 438 |
section 4111.13 of the Revised Code is guilty of a misdemeanor of | 439 |
the fourth degree. | 440 |
(B) Whoever violates division (B) or (C) of section 4111.13 | 441 |
of the Revised Code is guilty of a misdemeanor of the third | 442 |
degree. | 443 |
| 444 |
445 |
Sec. 4112.01. (A) As used in this chapter: | 446 |
(1) "Person" includes one or more individuals, partnerships, | 447 |
associations, organizations, corporations, legal representatives, | 448 |
trustees, trustees in bankruptcy, receivers, and other organized | 449 |
groups of persons. "Person" also includes, but is not limited to, | 450 |
any owner, lessor, assignor, builder, manager, broker, | 451 |
salesperson, appraiser, agent, employee, lending institution, and | 452 |
the state and all political subdivisions, authorities, agencies, | 453 |
boards, and commissions of the state. | 454 |
(2) "Employer" includes the state, any political subdivision | 455 |
of the state, any person employing four or more persons within the | 456 |
state, and any person acting directly or indirectly in the | 457 |
interest of an employer. | 458 |
(3) "Employee" means an individual employed by any employer | 459 |
but does not include any individual employed in the domestic | 460 |
service of any person. | 461 |
(4) "Labor organization" includes any organization that | 462 |
exists, in whole or in part, for the purpose of collective | 463 |
bargaining or of dealing with employers concerning grievances, | 464 |
terms or conditions of employment, or other mutual aid or | 465 |
protection in relation to employment. | 466 |
(5) "Employment agency" includes any person regularly | 467 |
undertaking, with or without compensation, to procure | 468 |
opportunities to work or to procure, recruit, refer, or place | 469 |
employees. | 470 |
(6) "Commission" means the Ohio civil rights commission | 471 |
created by section 4112.03 of the Revised Code. | 472 |
(7) "Discriminate" includes segregate or separate. | 473 |
(8) "Unlawful discriminatory practice" means any act | 474 |
prohibited by section 4112.02, 4112.021, or 4112.022 of the | 475 |
Revised Code. | 476 |
(9) "Place of public accommodation" means any inn, | 477 |
restaurant, eating house, barbershop, public conveyance by air, | 478 |
land, or water, theater, store, other place for the sale of | 479 |
merchandise, or any other place of public accommodation or | 480 |
amusement of which the accommodations, advantages, facilities, or | 481 |
privileges are available to the public. | 482 |
(10) "Housing accommodations" includes any building or | 483 |
structure, or portion of a building or structure, that is used or | 484 |
occupied or is intended, arranged, or designed to be used or | 485 |
occupied as the home residence, dwelling, dwelling unit, or | 486 |
sleeping place of one or more individuals, groups, or families | 487 |
whether or not living independently of each other; and any vacant | 488 |
land offered for sale or lease. "Housing accommodations" also | 489 |
includes any housing accommodations held or offered for sale or | 490 |
rent by a real estate broker, salesperson, or agent, by any other | 491 |
person pursuant to authorization of the owner, by the owner, or by | 492 |
the owner's legal representative. | 493 |
(11) "Restrictive covenant" means any specification limiting | 494 |
the transfer, rental, lease, or other use of any housing | 495 |
accommodations because of race, color, religion, sex, military | 496 |
status, familial status, national origin, disability, or ancestry, | 497 |
or any limitation based upon affiliation with or approval by any | 498 |
person, directly or indirectly, employing race, color, religion, | 499 |
sex, military status, familial status, national origin, | 500 |
disability, or ancestry as a condition of affiliation or approval. | 501 |
(12) "Burial lot" means any lot for the burial of deceased | 502 |
persons within any public burial ground or cemetery, including, | 503 |
but not limited to, cemeteries owned and operated by municipal | 504 |
corporations, townships, or companies or associations incorporated | 505 |
for cemetery purposes. | 506 |
(13) "Disability" means a physical or mental impairment that | 507 |
substantially limits one or more major life activities, including | 508 |
the functions of caring for one's self, performing manual tasks, | 509 |
walking, seeing, hearing, speaking, breathing, learning, and | 510 |
working; a record of a physical or mental impairment; or being | 511 |
regarded as having a physical or mental impairment. | 512 |
(14) Except as otherwise provided in section 4112.021 of the | 513 |
Revised Code, "age" means at least forty years old. | 514 |
(15) "Familial status" means either of the following: | 515 |
(a) One or more individuals who are under eighteen years of | 516 |
age and who are domiciled with a parent or guardian having legal | 517 |
custody of the individual or domiciled, with the written | 518 |
permission of the parent or guardian having legal custody, with a | 519 |
designee of the parent or guardian; | 520 |
(b) Any person who is pregnant or in the process of securing | 521 |
legal custody of any individual who is under eighteen years of | 522 |
age. | 523 |
(16)(a) Except as provided in division (A)(16)(b) of this | 524 |
section, "physical or mental impairment" includes any of the | 525 |
following: | 526 |
(i) Any physiological disorder or condition, cosmetic | 527 |
disfigurement, or anatomical loss affecting one or more of the | 528 |
following body systems: neurological; musculoskeletal; special | 529 |
sense organs; respiratory, including speech organs; | 530 |
cardiovascular; reproductive; digestive; genito-urinary; hemic and | 531 |
lymphatic; skin; and endocrine; | 532 |
(ii) Any mental or psychological disorder, including, but not | 533 |
limited to, mental retardation, organic brain syndrome, emotional | 534 |
or mental illness, and specific learning disabilities; | 535 |
(iii) Diseases and conditions, including, but not limited to, | 536 |
orthopedic, visual, speech, and hearing impairments, cerebral | 537 |
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 538 |
cancer, heart disease, diabetes, human immunodeficiency virus | 539 |
infection, mental retardation, emotional illness, drug addiction, | 540 |
and alcoholism. | 541 |
(b) "Physical or mental impairment" does not include any of | 542 |
the following: | 543 |
(i) Homosexuality and bisexuality; | 544 |
(ii) Transvestism, transsexualism, pedophilia, exhibitionism, | 545 |
voyeurism, gender identity disorders not resulting from physical | 546 |
impairments, or other sexual behavior disorders; | 547 |
(iii) Compulsive gambling, kleptomania, or pyromania; | 548 |
(iv) Psychoactive substance use disorders resulting from the | 549 |
current illegal use of a controlled substance or the current use | 550 |
of alcoholic beverages. | 551 |
(17) "Dwelling unit" means a single unit of residence for a | 552 |
family of one or more persons. | 553 |
(18) "Common use areas" means rooms, spaces, or elements | 554 |
inside or outside a building that are made available for the use | 555 |
of residents of the building or their guests, and includes, but is | 556 |
not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 557 |
rooms, mail rooms, recreational areas, and passageways among and | 558 |
between buildings. | 559 |
(19) "Public use areas" means interior or exterior rooms or | 560 |
spaces of a privately or publicly owned building that are made | 561 |
available to the general public. | 562 |
(20) "Controlled substance" has the same meaning as in | 563 |
section 3719.01 of the Revised Code. | 564 |
(21) "Disabled tenant" means a tenant or prospective tenant | 565 |
who is a person with a disability. | 566 |
(22) "Military status" means a person's status in "service in | 567 |
the uniformed services" as defined in section 5923.05 of the | 568 |
Revised Code. | 569 |
(23) "Aggrieved person" includes both of the following: | 570 |
(a) Any person who claims to have been injured by any | 571 |
unlawful discriminatory practice described in division (H) of | 572 |
section 4112.02 of the Revised Code; | 573 |
(b) Any person who believes that the person will be injured | 574 |
by, any unlawful discriminatory practice described in division (H) | 575 |
of section 4112.02 of the Revised Code that is about to occur. | 576 |
(B) For the purposes of divisions (A) to (F) of section | 577 |
4112.02 of the Revised Code, the terms "because of sex" and "on | 578 |
the basis of sex" include, but are not limited to, because of or | 579 |
on the basis of pregnancy, any illness arising out of and | 580 |
occurring during the course of a pregnancy, childbirth, or related | 581 |
medical conditions. Women affected by pregnancy, childbirth, or | 582 |
related medical conditions shall be treated the same for all | 583 |
employment-related purposes, including receipt of benefits under | 584 |
fringe benefit programs, as other persons not so affected but | 585 |
similar in their ability or inability to work, and nothing in | 586 |
division (B) of section | 587 |
be interpreted to permit otherwise. This division shall not be | 588 |
construed to require an employer to pay for health insurance | 589 |
benefits for abortion, except where the life of the mother would | 590 |
be endangered if the fetus were carried to term or except where | 591 |
medical complications have arisen from the abortion, provided that | 592 |
nothing in this division precludes an employer from providing | 593 |
abortion benefits or otherwise affects bargaining agreements in | 594 |
regard to abortion. | 595 |
| 596 |
and political subdivisions thereof, shall discriminate in the | 597 |
payment of wages on the basis of race, color, religion, sex, age, | 598 |
national origin, sexual orientation, gender identity, or ancestry | 599 |
by paying wages to any employee at a rate less than the rate at | 600 |
which the employer pays wages to another employee for equal work | 601 |
on jobs the performance of which requires equal skill, effort, and | 602 |
responsibility, and which are performed under similar conditions. | 603 |
(B) Nothing in this section prohibits an employer from paying | 604 |
wages to one employee at a rate different from that at which the | 605 |
employer pays another employee for the performance of equal work | 606 |
under similar conditions on jobs requiring equal skill, effort, | 607 |
and responsibility, when the payment is made pursuant to any of | 608 |
the following: | 609 |
(1) A seniority system; | 610 |
(2) A merit system; | 611 |
(3) A system which measures earnings by the quantity or | 612 |
quality of production; | 613 |
(4) A wage rate differential determined by any bona fide | 614 |
factor
| 615 |
616 | |
that meets the criteria described in division (C) of this section. | 617 |
(C)(1) An employer may defend a wage rate differential made | 618 |
under division (B)(4) of this section only if the employer can | 619 |
demonstrate all of the following: | 620 |
(a) The difference is based on a factor substantially related | 621 |
to the employee's position and performance, such as education, | 622 |
training, or experience. | 623 |
(b) The difference is not related to the employee's race, | 624 |
color, religion, sex, age, national origin, sexual orientation, | 625 |
gender identity, or ancestry. | 626 |
(c) The difference is consistent with business necessity. | 627 |
(2) The defense described in division (C)(1) of this section | 628 |
shall be rebutted if an employee making an allegation of wage | 629 |
discrimination or the commission demonstrates both of the | 630 |
following: | 631 |
(a) An alternative employment practice exists that would | 632 |
serve the same business purpose without producing the wage rate | 633 |
differential; | 634 |
(b) The employer has refused to adopt the alternative | 635 |
practice. | 636 |
(D) No employer shall reduce the wage rate of any employee in | 637 |
order to comply with this section. | 638 |
| 639 |
administer, and enforce this section. Any employee discriminated | 640 |
against in violation of this section may sue in any court of | 641 |
competent jurisdiction to recover two times the amount of the | 642 |
difference between the wages actually received and the wages | 643 |
received by a person performing equal work for the employer, from | 644 |
the date of the commencement of the violation, and for costs, | 645 |
including attorney fees. Notwithstanding the definitions of "tort | 646 |
action" in sections 2315.18 to 2315.21 of the Revised Code, such | 647 |
an action shall be considered a tort action for the purposes of | 648 |
those sections and shall be subject to sections 2315.18 to 2315.21 | 649 |
of the Revised Code, except to the extent those sections conflict | 650 |
with this section. The | 651 |
of any such wage claim in trust for such employee and sue in the | 652 |
employee's behalf. In any civil action under this section, two or | 653 |
more employees of the same employer may join as co-plaintiffs in | 654 |
one action. The | 655 |
claims assigned to the | 656 |
employees of the same employer. No agreement to work for a | 657 |
discriminatory wage constitutes a defense for any civil or | 658 |
criminal action to enforce this section. No employer shall | 659 |
discriminate against any employee because such employee makes a | 660 |
complaint or institutes, or testifies in, any proceeding under | 661 |
this section. | 662 |
| 663 |
initiated within one year after the date of violation. | 664 |
(G)(1) No employer shall discriminate against any employee | 665 |
because the employee makes a complaint, or institutes or testifies | 666 |
in any proceeding, under this section. | 667 |
(2) No employer shall discriminate against an employee for | 668 |
inquiring about, discussing, or disclosing the wages of the | 669 |
employee or another employee in response to a complaint or charge, | 670 |
or in furtherance of a discrimination investigation, proceeding, | 671 |
hearing, or action, or an investigation conducted by the employer. | 672 |
(3) Any person discriminated against in violation of division | 673 |
(G)(1) or (G)(2) of this section may sue in any court of competent | 674 |
jurisdiction to recover damages, injunctive relief, or any other | 675 |
appropriate relief. | 676 |
(H) In addition to any other award made under this section, | 677 |
the court or jury may award punitive or exemplary damages in | 678 |
accordance with section 2315.21 of the Revised Code in an amount | 679 |
sufficient to deter future violations. | 680 |
(I) As used in this section: | 681 |
(1) "Sexual orientation" means heterosexuality, | 682 |
homosexuality, or bisexuality, whether actual or perceived. | 683 |
(2) "Gender identity" means an individual's self-perception, | 684 |
or perception of that person by another, of the individual's | 685 |
identity as male or female as realized through the person's | 686 |
appearance, behavior, or physical characteristics, regardless of | 687 |
whether such appearance, behavior, or physical characteristics are | 688 |
in accord with or opposed to the person's physical anatomy, | 689 |
chromosomal sex, or sex at birth. | 690 |
Section 2. That existing sections 3314.03, 3326.11, 4111.04, | 691 |
4111.05, 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, | 692 |
4111.17, 4111.99, and 4112.01 of the Revised Code are hereby | 693 |
repealed. | 694 |
Section 3. The General Assembly, in enacting this | 695 |
legislation, hereby declares its intent to ensure equal pay for | 696 |
women in Ohio and to correct the historical wage disparity that | 697 |
has occurred between the sexes. | 698 |
Section 4. This act shall be known as the "Fair and | 699 |
Acceptable Income Required (FAIR) Act." | 700 |