Bill Text: OH SB349 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To make permissive actual damages and attorney's fees, to limit certain punitive damages, to allow respondents to recover attorney's fees in certain instances, to prohibit actual or punitive damages from being awarded to a fair housing agency, and to exempt certain landlords from the housing provisions of the Ohio Civil Rights Law.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-06-24 - To Civil Justice [SB349 Detail]

Download: Ohio-2013-SB349-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 349

Senator Seitz 

Cosponsors: Senators Patton, Eklund 

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A BILL

To amend sections 4112.02 and 4112.05 of the Revised

1

Code to make permissive actual damages and

2

attorney's fees, to limit certain punitive

3

damages, to allow respondents to recover

4

attorney's fees in certain instances, to prohibit

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actual or punitive damages from being awarded to a

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fair housing agency, and to exempt certain

7

landlords from the housing provisions of the Ohio

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Civil Rights Law.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4112.02 and 4112.05 of the Revised	10
Code be amended to read as follows:	11

Sec. 4112.02.  It shall be an unlawful discriminatory	12
practice:	13

(A) For any employer, because of the race, color, religion,	14
sex, military status, national origin, disability, age, or	15
ancestry of any person, to discharge without just cause, to refuse	16
to hire, or otherwise to discriminate against that person with	17
respect to hire, tenure, terms, conditions, or privileges of	18
employment, or any matter directly or indirectly related to	19
employment.	20

(B) For an employment agency or personnel placement service,	21
because of race, color, religion, sex, military status, national	22
origin, disability, age, or ancestry, to do any of the following:	23

(1) Refuse or fail to accept, register, classify properly, or	24
refer for employment, or otherwise discriminate against any	25
person;	26

(2) Comply with a request from an employer for referral of	27
applicants for employment if the request directly or indirectly	28
indicates that the employer fails to comply with the provisions of	29
sections 4112.01 to 4112.07 of the Revised Code.	30

(C) For any labor organization to do any of the following:

31

(1) Limit or classify its membership on the basis of race,	32
color, religion, sex, military status, national origin,	33
disability, age, or ancestry;	34

(2) Discriminate against, limit the employment opportunities	35
of, or otherwise adversely affect the employment status, wages,	36
hours, or employment conditions of any person as an employee	37
because of race, color, religion, sex, military status, national	38
origin, disability, age, or ancestry.	39

(D) For any employer, labor organization, or joint	40
labor-management committee controlling apprentice training	41
programs to discriminate against any person because of race,	42
color, religion, sex, military status, national origin,	43
disability, or ancestry in admission to, or employment in, any	44
program established to provide apprentice training.	45

(E) Except where based on a bona fide occupational	46
qualification certified in advance by the commission, for any	47
employer, employment agency, personnel placement service, or labor	48
organization, prior to employment or admission to membership, to	49
do any of the following:	50

(1) Elicit or attempt to elicit any information concerning	51
the race, color, religion, sex, military status, national origin,	52
disability, age, or ancestry of an applicant for employment or	53
membership;	54

(2) Make or keep a record of the race, color, religion, sex,	55
military status, national origin, disability, age, or ancestry of	56
any applicant for employment or membership;	57

(3) Use any form of application for employment, or personnel	58
or membership blank, seeking to elicit information regarding race,	59
color, religion, sex, military status, national origin,	60
disability, age, or ancestry; but an employer holding a contract	61
containing a nondiscrimination clause with the government of the	62
United States, or any department or agency of that government, may	63
require an employee or applicant for employment to furnish	64
documentary proof of United States citizenship and may retain that	65
proof in the employer's personnel records and may use photographic	66
or fingerprint identification for security purposes;	67

(4) Print or publish or cause to be printed or published any	68
notice or advertisement relating to employment or membership	69
indicating any preference, limitation, specification, or	70
discrimination, based upon race, color, religion, sex, military	71
status, national origin, disability, age, or ancestry;	72

(5) Announce or follow a policy of denying or limiting,	73
through a quota system or otherwise, employment or membership	74
opportunities of any group because of the race, color, religion,	75
sex, military status, national origin, disability, age, or	76
ancestry of that group;	77

(6) Utilize in the recruitment or hiring of persons any	78
employment agency, personnel placement service, training school or	79
center, labor organization, or any other employee-referring source	80
known to discriminate against persons because of their race,	81
color, religion, sex, military status, national origin,	82
disability, age, or ancestry.	83

(F) For any person seeking employment to publish or cause to	84
be published any advertisement that specifies or in any manner	85
indicates that person's race, color, religion, sex, military	86
status, national origin, disability, age, or ancestry, or	87
expresses a limitation or preference as to the race, color,	88
religion, sex, military status, national origin, disability, age,	89
or ancestry of any prospective employer.	90

(G) For any proprietor or any employee, keeper, or manager of	91
a place of public accommodation to deny to any person, except for	92
reasons applicable alike to all persons regardless of race, color,	93
religion, sex, military status, national origin, disability, age,	94
or ancestry, the full enjoyment of the accommodations, advantages,	95
facilities, or privileges of the place of public accommodation.	96

(H) For any person to do any of the following:

97

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	98
or finance housing accommodations, refuse to negotiate for the	99
sale or rental of housing accommodations, or otherwise deny or	100
make unavailable housing accommodations because of race, color,	101
religion, sex, military status, familial status, ancestry,	102
disability, or national origin;	103

(2) Represent to any person that housing accommodations are	104
not available for inspection, sale, or rental, when in fact they	105
are available, because of race, color, religion, sex, military	106
status, familial status, ancestry, disability, or national origin;	107

(3) Discriminate against any person in the making or	108
purchasing of loans or the provision of other financial assistance	109
for the acquisition, construction, rehabilitation, repair, or	110
maintenance of housing accommodations, or any person in the making	111
or purchasing of loans or the provision of other financial	112
assistance that is secured by residential real estate, because of	113
race, color, religion, sex, military status, familial status,	114
ancestry, disability, or national origin or because of the racial	115
composition of the neighborhood in which the housing	116
accommodations are located, provided that the person, whether an	117
individual, corporation, or association of any type, lends money	118
as one of the principal aspects or incident to the person's	119
principal business and not only as a part of the purchase price of	120
an owner-occupied residence the person is selling nor merely	121
casually or occasionally to a relative or friend;	122

(4) Discriminate against any person in the terms or	123
conditions of selling, transferring, assigning, renting, leasing,	124
or subleasing any housing accommodations or in furnishing	125
facilities, services, or privileges in connection with the	126
ownership, occupancy, or use of any housing accommodations,	127
including the sale of fire, extended coverage, or homeowners	128
insurance, because of race, color, religion, sex, military status,	129
familial status, ancestry, disability, or national origin or	130
because of the racial composition of the neighborhood in which the	131
housing accommodations are located;	132

(5) Discriminate against any person in the terms or	133
conditions of any loan of money, whether or not secured by	134
mortgage or otherwise, for the acquisition, construction,	135
rehabilitation, repair, or maintenance of housing accommodations	136
because of race, color, religion, sex, military status, familial	137
status, ancestry, disability, or national origin or because of the	138
racial composition of the neighborhood in which the housing	139
accommodations are located;	140

(6) Refuse to consider without prejudice the combined income	141
of both husband and wife for the purpose of extending mortgage	142
credit to a married couple or either member of a married couple;	143

(7) Print, publish, or circulate any statement or	144
advertisement, or make or cause to be made any statement or	145
advertisement, relating to the sale, transfer, assignment, rental,	146
lease, sublease, or acquisition of any housing accommodations, or	147
relating to the loan of money, whether or not secured by mortgage	148
or otherwise, for the acquisition, construction, rehabilitation,	149
repair, or maintenance of housing accommodations, that indicates	150
any preference, limitation, specification, or discrimination based	151
upon race, color, religion, sex, military status, familial status,	152
ancestry, disability, or national origin, or an intention to make	153
any such preference, limitation, specification, or discrimination;	154

(8) Except as otherwise provided in division (H)(8) or (17)	155
of this section, make any inquiry, elicit any information, make or	156
keep any record, or use any form of application containing	157
questions or entries concerning race, color, religion, sex,	158
military status, familial status, ancestry, disability, or	159
national origin in connection with the sale or lease of any	160
housing accommodations or the loan of any money, whether or not	161
secured by mortgage or otherwise, for the acquisition,	162
construction, rehabilitation, repair, or maintenance of housing	163
accommodations. Any person may make inquiries, and make and keep	164
records, concerning race, color, religion, sex, military status,	165
familial status, ancestry, disability, or national origin for the	166
purpose of monitoring compliance with this chapter.	167

(9) Include in any transfer, rental, or lease of housing	168
accommodations any restrictive covenant, or honor or exercise, or	169
attempt to honor or exercise, any restrictive covenant;	170

(10) Induce or solicit, or attempt to induce or solicit, a	171
housing accommodations listing, sale, or transaction by	172
representing that a change has occurred or may occur with respect	173
to the racial, religious, sexual, military status, familial	174
status, or ethnic composition of the block, neighborhood, or other	175
area in which the housing accommodations are located, or induce or	176
solicit, or attempt to induce or solicit, a housing accommodations	177
listing, sale, or transaction by representing that the presence or	178
anticipated presence of persons of any race, color, religion, sex,	179
military status, familial status, ancestry, disability, or	180
national origin, in the block, neighborhood, or other area will or	181
may have results including, but not limited to, the following:	182

(a) The lowering of property values;

183

(b) A change in the racial, religious, sexual, military	184
status, familial status, or ethnic composition of the block,	185
neighborhood, or other area;	186

(c) An increase in criminal or antisocial behavior in the	187
block, neighborhood, or other area;	188

(d) A decline in the quality of the schools serving the	189
block, neighborhood, or other area.	190

(11) Deny any person access to or membership or participation	191
in any multiple-listing service, real estate brokers'	192
organization, or other service, organization, or facility relating	193
to the business of selling or renting housing accommodations, or	194
discriminate against any person in the terms or conditions of that	195
access, membership, or participation, on account of race, color,	196
religion, sex, military status, familial status, national origin,	197
disability, or ancestry;	198

(12) Coerce, intimidate, threaten, or interfere with any	199
person in the exercise or enjoyment of, or on account of that	200
person's having exercised or enjoyed or having aided or encouraged	201
any other person in the exercise or enjoyment of, any right	202
granted or protected by division (H) of this section;	203

(13) Discourage or attempt to discourage the purchase by a	204
prospective purchaser of housing accommodations, by representing	205
that any block, neighborhood, or other area has undergone or might	206
undergo a change with respect to its religious, racial, sexual,	207
military status, familial status, or ethnic composition;	208

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	209
or finance, or otherwise deny or withhold, a burial lot from any	210
person because of the race, color, sex, military status, familial	211
status, age, ancestry, disability, or national origin of any	212
prospective owner or user of the lot;	213

(15) Discriminate in the sale or rental of, or otherwise make	214
unavailable or deny, housing accommodations to any buyer or renter	215
because of a disability of any of the following:	216

(a) The buyer or renter;

217

(b) A person residing in or intending to reside in the	218
housing accommodations after they are sold, rented, or made	219
available;	220

(c) Any individual associated with the person described in	221
division (H)(15)(b) of this section.	222

(16) Discriminate in the terms, conditions, or privileges of	223
the sale or rental of housing accommodations to any person or in	224
the provision of services or facilities to any person in	225
connection with the housing accommodations because of a disability	226
of any of the following:	227

(a) That person;

228

(b) A person residing in or intending to reside in the	229
housing accommodations after they are sold, rented, or made	230
available;	231

(c) Any individual associated with the person described in	232
division (H)(16)(b) of this section.	233

(17) Except as otherwise provided in division (H)(17) of this	234
section, make an inquiry to determine whether an applicant for the	235
sale or rental of housing accommodations, a person residing in or	236
intending to reside in the housing accommodations after they are	237
sold, rented, or made available, or any individual associated with	238
that person has a disability, or make an inquiry to determine the	239
nature or severity of a disability of the applicant or such a	240
person or individual. The following inquiries may be made of all	241
applicants for the sale or rental of housing accommodations,	242
regardless of whether they have disabilities:	243

(a) An inquiry into an applicant's ability to meet the	244
requirements of ownership or tenancy;	245

(b) An inquiry to determine whether an applicant is qualified	246
for housing accommodations available only to persons with	247
disabilities or persons with a particular type of disability;	248

(c) An inquiry to determine whether an applicant is qualified	249
for a priority available to persons with disabilities or persons	250
with a particular type of disability;	251

(d) An inquiry to determine whether an applicant currently	252
uses a controlled substance in violation of section 2925.11 of the	253
Revised Code or a substantively comparable municipal ordinance;	254

(e) An inquiry to determine whether an applicant at any time	255
has been convicted of or pleaded guilty to any offense, an element	256
of which is the illegal sale, offer to sell, cultivation,	257
manufacture, other production, shipment, transportation, delivery,	258
or other distribution of a controlled substance.	259

(18)(a) Refuse to permit, at the expense of a person with a	260
disability, reasonable modifications of existing housing	261
accommodations that are occupied or to be occupied by the person	262
with a disability, if the modifications may be necessary to afford	263
the person with a disability full enjoyment of the housing	264
accommodations. This division does not preclude a landlord of	265
housing accommodations that are rented or to be rented to a	266
disabled tenant from conditioning permission for a proposed	267
modification upon the disabled tenant's doing one or more of the	268
following:	269

(i) Providing a reasonable description of the proposed	270
modification and reasonable assurances that the proposed	271
modification will be made in a workerlike manner and that any	272
required building permits will be obtained prior to the	273
commencement of the proposed modification;	274

(ii) Agreeing to restore at the end of the tenancy the	275
interior of the housing accommodations to the condition they were	276
in prior to the proposed modification, but subject to reasonable	277
wear and tear during the period of occupancy, if it is reasonable	278
for the landlord to condition permission for the proposed	279
modification upon the agreement;	280

(iii) Paying into an interest-bearing escrow account that is	281
in the landlord's name, over a reasonable period of time, a	282
reasonable amount of money not to exceed the projected costs at	283
the end of the tenancy of the restoration of the interior of the	284
housing accommodations to the condition they were in prior to the	285
proposed modification, but subject to reasonable wear and tear	286
during the period of occupancy, if the landlord finds the account	287
reasonably necessary to ensure the availability of funds for the	288
restoration work. The interest earned in connection with an escrow	289
account described in this division shall accrue to the benefit of	290
the disabled tenant who makes payments into the account.	291

(b) A landlord shall not condition permission for a proposed	292
modification upon a disabled tenant's payment of a security	293
deposit that exceeds the customarily required security deposit of	294
all tenants of the particular housing accommodations.	295

(19) Refuse to make reasonable accommodations in rules,	296
policies, practices, or services when necessary to afford a person	297
with a disability equal opportunity to use and enjoy a dwelling	298
unit, including associated public and common use areas;	299

(20) Fail to comply with the standards and rules adopted	300
under division (A) of section 3781.111 of the Revised Code;	301

(21) Discriminate against any person in the selling,	302
brokering, or appraising of real property because of race, color,	303
religion, sex, military status, familial status, ancestry,	304
disability, or national origin;	305

(22) Fail to design and construct covered multifamily	306
dwellings for first occupancy on or after June 30, 1992, in	307
accordance with the following conditions:	308

(a) The dwellings shall have at least one building entrance	309
on an accessible route, unless it is impractical to do so because	310
of the terrain or unusual characteristics of the site.	311

(b) With respect to dwellings that have a building entrance	312
on an accessible route, all of the following apply:	313

(i) The public use areas and common use areas of the	314
dwellings shall be readily accessible to and usable by persons	315
with a disability.	316

(ii) All the doors designed to allow passage into and within	317
all premises shall be sufficiently wide to allow passage by	318
persons with a disability who are in wheelchairs.	319

(iii) All premises within covered multifamily dwelling units	320
shall contain an accessible route into and through the dwelling;	321
all light switches, electrical outlets, thermostats, and other	322
environmental controls within such units shall be in accessible	323
locations; the bathroom walls within such units shall contain	324
reinforcements to allow later installation of grab bars; and the	325
kitchens and bathrooms within such units shall be designed and	326
constructed in a manner that enables an individual in a wheelchair	327
to maneuver about such rooms.	328

For purposes of division (H)(22) of this section, "covered	329
multifamily dwellings" means buildings consisting of four or more	330
units if such buildings have one or more elevators and ground	331
floor units in other buildings consisting of four or more units.	332

(I) For any person to discriminate in any manner against any	333
other person because that person has opposed any unlawful	334
discriminatory practice defined in this section or because that	335
person has made a charge, testified, assisted, or participated in	336
any manner in any investigation, proceeding, or hearing under	337
sections 4112.01 to 4112.07 of the Revised Code.	338

(J) For any person to aid, abet, incite, compel, or coerce	339
the doing of any act declared by this section to be an unlawful	340
discriminatory practice, to obstruct or prevent any person from	341
complying with this chapter or any order issued under it, or to	342
attempt directly or indirectly to commit any act declared by this	343
section to be an unlawful discriminatory practice.	344

(K)(1) Nothing in division (H) of this section shall bar any	345
religious or denominational institution or organization, or any	346
nonprofit charitable or educational organization that is operated,	347
supervised, or controlled by or in connection with a religious	348
organization, from limiting the sale, rental, or occupancy of	349
housing accommodations that it owns or operates for other than a	350
commercial purpose to persons of the same religion, or from giving	351
preference in the sale, rental, or occupancy of such housing	352
accommodations to persons of the same religion, unless membership	353
in the religion is restricted on account of race, color, or	354
national origin.	355

(2) Nothing in division (H) of this section shall bar any	356
bona fide private or fraternal organization that, incidental to	357
its primary purpose, owns or operates lodgings for other than a	358
commercial purpose, from limiting the rental or occupancy of the	359
lodgings to its members or from giving preference to its members.	360

(3) Nothing in division (H) of this section limits the	361
applicability of any reasonable local, state, or federal	362
restrictions regarding the maximum number of occupants permitted	363
to occupy housing accommodations. Nothing in that division	364
prohibits the owners or managers of housing accommodations from	365
implementing reasonable occupancy standards based on the number	366
and size of sleeping areas or bedrooms and the overall size of a	367
dwelling unit, provided that the standards are not implemented to	368
circumvent the purposes of this chapter and are formulated,	369
implemented, and interpreted in a manner consistent with this	370
chapter and any applicable local, state, or federal restrictions	371
regarding the maximum number of occupants permitted to occupy	372
housing accommodations.	373

(4) Nothing in division (H) of this section requires that	374
housing accommodations be made available to an individual whose	375
tenancy would constitute a direct threat to the health or safety	376
of other individuals or whose tenancy would result in substantial	377
physical damage to the property of others.	378

(5) Nothing in division (H) of this section pertaining to	379
discrimination on the basis of familial status shall be construed	380
to apply to any of the following:	381

(a) Housing accommodations provided under any state or	382
federal program that have been determined under the "Fair Housing	383
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	384
amended, to be specifically designed and operated to assist	385
elderly persons;	386

(b) Housing accommodations intended for and solely occupied	387
by persons who are sixty-two years of age or older;	388

(c) Housing accommodations intended and operated for	389
occupancy by at least one person who is fifty-five years of age or	390
older per unit, as determined under the "Fair Housing Amendments	391
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	392

(6) Except as otherwise provided in division (K)(6) of this	393
section, division (H) of this section does not apply to the owner	394
of any single-family residential dwelling sold or rented by that	395
owner if all of the following apply:	396

(a) The owner does not own more than three such single-family	397
residential dwellings at any one time.	398

(b) The owner does not own any interest in, nor is there	399
owned or reserved on the owner's behalf, under any express or	400
voluntary agreement, title to or any right to all or a portion of	401
the proceeds from the sale or rental of more than three such	402
single-family residential dwellings at any one time.	403

(c) The owner sells or rents the single-family residential	404
dwelling without both of the following:	405

(i) The use, in any manner, of the sales or rental facilities	406
or services of any real estate broker, agent, or salesperson; the	407
facilities or services of any person in the business of selling or	408
renting dwellings; or any employee or agent of any such broker,	409
agent, salesperson, or person;	410

(ii) Printing, publishing, or circulating any statement or	411
advertisement, or making or causing to be made any statement or	412
advertisement in violation of division (H)(7) of this section.	413

In the case of the sale of any such single-family residential	414
dwelling by an owner not residing in the dwelling at the time of	415
the sale or who was not the most recent resident of the dwelling	416
prior to the sale, the exemption granted by this division applies	417
only with respect to one such sale within any twenty-four month	418
period. Nothing in this division prohibits the use of attorneys,	419
escrow agents, abstractors, title companies, and other such	420
professional assistance as necessary to perfect or transfer the	421
title of a dwelling. As used in this section, "person in the	422
business of selling or renting dwellings" has the same meaning as	423
in 42 U.S.C. 3603.	424

(L) Nothing in divisions (A) to (E) of this section shall be	425
construed to require a person with a disability to be employed or	426
trained under circumstances that would significantly increase the	427
occupational hazards affecting either the person with a	428
disability, other employees, the general public, or the facilities	429
in which the work is to be performed, or to require the employment	430
or training of a person with a disability in a job that requires	431
the person with a disability routinely to undertake any task, the	432
performance of which is substantially and inherently impaired by	433
the person's disability.	434

(M) Nothing in divisions (H)(1) to (18) of this section shall	435
be construed to require any person selling or renting property to	436
modify the property in any way or to exercise a higher degree of	437
care for a person with a disability, to relieve any person with a	438
disability of any obligation generally imposed on all persons	439
regardless of disability in a written lease, rental agreement, or	440
contract of purchase or sale, or to forbid distinctions based on	441
the inability to fulfill the terms and conditions, including	442
financial obligations, of the lease, agreement, or contract.	443

(N) An aggrieved individual may enforce the individual's	444
rights relative to discrimination on the basis of age as provided	445
for in this section by instituting a civil action, within one	446
hundred eighty days after the alleged unlawful discriminatory	447
practice occurred, in any court with jurisdiction for any legal or	448
equitable relief that will effectuate the individual's rights.	449

A person who files a civil action under this division is	450
barred, with respect to the practices complained of, from	451
instituting a civil action under section 4112.14 of the Revised	452
Code and from filing a charge with the commission under section	453
4112.05 of the Revised Code.	454

(O) With regard to age, it shall not be an unlawful	455
discriminatory practice and it shall not constitute a violation of	456
division (A) of section 4112.14 of the Revised Code for any	457
employer, employment agency, joint labor-management committee	458
controlling apprenticeship training programs, or labor	459
organization to do any of the following:	460

(1) Establish bona fide employment qualifications reasonably	461
related to the particular business or occupation that may include	462
standards for skill, aptitude, physical capability, intelligence,	463
education, maturation, and experience;	464

(2) Observe the terms of a bona fide seniority system or any	465
bona fide employee benefit plan, including, but not limited to, a	466
retirement, pension, or insurance plan, that is not a subterfuge	467
to evade the purposes of this section. However, no such employee	468
benefit plan shall excuse the failure to hire any individual, and	469
no such seniority system or employee benefit plan shall require or	470
permit the involuntary retirement of any individual, because of	471
the individual's age except as provided for in the "Age	472
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	473
29 U.S.C.A. 623, as amended by the "Age Discrimination in	474
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	475
623, as amended.	476

(3) Retire an employee who has attained sixty-five years of	477
age who, for the two-year period immediately before retirement, is	478
employed in a bona fide executive or a high policymaking position,	479
if the employee is entitled to an immediate nonforfeitable annual	480
retirement benefit from a pension, profit-sharing, savings, or	481
deferred compensation plan, or any combination of those plans, of	482
the employer of the employee, which equals, in the aggregate, at	483
least forty-four thousand dollars, in accordance with the	484
conditions of the "Age Discrimination in Employment Act Amendment	485
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	486
Discrimination in Employment Act Amendments of 1986," 100 Stat.	487
3342, 29 U.S.C.A. 631, as amended;	488

(4) Observe the terms of any bona fide apprenticeship program	489
if the program is registered with the Ohio apprenticeship council	490
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	491
approved by the federal committee on apprenticeship of the United	492
States department of labor.	493

(P) Nothing in this chapter prohibiting age discrimination	494
and nothing in division (A) of section 4112.14 of the Revised Code	495
shall be construed to prohibit the following:	496

(1) The designation of uniform age the attainment of which is	497
necessary for public employees to receive pension or other	498
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	499
or 5505. of the Revised Code;	500

(2) The mandatory retirement of uniformed patrol officers of	501
the state highway patrol as provided in section 5505.16 of the	502
Revised Code;	503

(3) The maximum age requirements for appointment as a patrol	504
officer in the state highway patrol established by section 5503.01	505
of the Revised Code;	506

(4) The maximum age requirements established for original	507
appointment to a police department or fire department in sections	508
124.41 and 124.42 of the Revised Code;	509

(5) Any maximum age not in conflict with federal law that may	510
be established by a municipal charter, municipal ordinance, or	511
resolution of a board of township trustees for original	512
appointment as a police officer or firefighter;	513

(6) Any mandatory retirement provision not in conflict with	514
federal law of a municipal charter, municipal ordinance, or	515
resolution of a board of township trustees pertaining to police	516
officers and firefighters;	517

(7) Until January 1, 1994, the mandatory retirement of any	518
employee who has attained seventy years of age and who is serving	519
under a contract of unlimited tenure, or similar arrangement	520
providing for unlimited tenure, at an institution of higher	521
education as defined in the "Education Amendments of 1980," 94	522
Stat. 1503, 20 U.S.C.A. 1141(a).	523

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	524
section, for purposes of divisions (A) to (E) of this section, a	525
disability does not include any physiological disorder or	526
condition, mental or psychological disorder, or disease or	527
condition caused by an illegal use of any controlled substance by	528
an employee, applicant, or other person, if an employer,	529
employment agency, personnel placement service, labor	530
organization, or joint labor-management committee acts on the	531
basis of that illegal use.	532

(b) Division (Q)(1)(a) of this section does not apply to an	533
employee, applicant, or other person who satisfies any of the	534
following:	535

(i) The employee, applicant, or other person has successfully	536
completed a supervised drug rehabilitation program and no longer	537
is engaging in the illegal use of any controlled substance, or the	538
employee, applicant, or other person otherwise successfully has	539
been rehabilitated and no longer is engaging in that illegal use.	540

(ii) The employee, applicant, or other person is	541
participating in a supervised drug rehabilitation program and no	542
longer is engaging in the illegal use of any controlled substance.	543

(iii) The employee, applicant, or other person is erroneously	544
regarded as engaging in the illegal use of any controlled	545
substance, but the employee, applicant, or other person is not	546
engaging in that illegal use.	547

(2) Divisions (A) to (E) of this section do not prohibit an	548
employer, employment agency, personnel placement service, labor	549
organization, or joint labor-management committee from doing any	550
of the following:	551

(a) Adopting or administering reasonable policies or	552
procedures, including, but not limited to, testing for the illegal	553
use of any controlled substance, that are designed to ensure that	554
an individual described in division (Q)(1)(b)(i) or (ii) of this	555
section no longer is engaging in the illegal use of any controlled	556
substance;	557

(b) Prohibiting the illegal use of controlled substances and	558
the use of alcohol at the workplace by all employees;	559

(c) Requiring that employees not be under the influence of	560
alcohol or not be engaged in the illegal use of any controlled	561
substance at the workplace;	562

(d) Requiring that employees behave in conformance with the	563
requirements established under "The Drug-Free Workplace Act of	564
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	565

(e) Holding an employee who engages in the illegal use of any	566
controlled substance or who is an alcoholic to the same	567
qualification standards for employment or job performance, and the	568
same behavior, to which the employer, employment agency, personnel	569
placement service, labor organization, or joint labor-management	570
committee holds other employees, even if any unsatisfactory	571
performance or behavior is related to an employee's illegal use of	572
a controlled substance or alcoholism;	573

(f) Exercising other authority recognized in the "Americans	574
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	575
as amended, including, but not limited to, requiring employees to	576
comply with any applicable federal standards.	577

(3) For purposes of this chapter, a test to determine the	578
illegal use of any controlled substance does not include a medical	579
examination.	580

(4) Division (Q) of this section does not encourage,	581
prohibit, or authorize, and shall not be construed as encouraging,	582
prohibiting, or authorizing, the conduct of testing for the	583
illegal use of any controlled substance by employees, applicants,	584
or other persons, or the making of employment decisions based on	585
the results of that type of testing.	586

(R) This section does not apply to a religious corporation,	587
association, educational institution, or society with respect to	588
the employment of an individual of a particular religion to	589
perform work connected with the carrying on by that religious	590
corporation, association, educational institution, or society of	591
its activities.	592

The unlawful discriminatory practices defined in this section	593
do not make it unlawful for a person or an appointing authority	594
administering an examination under section 124.23 of the Revised	595
Code to obtain information about an applicant's military status	596
for the purpose of determining if the applicant is eligible for	597
the additional credit that is available under that section.	598

Sec. 4112.05.  (A) The commission, as provided in this	599
section, shall prevent any person from engaging in unlawful	600
discriminatory practices, provided that, before instituting the	601
formal hearing authorized by division (B) of this section, it	602
shall attempt, by informal methods of conference, conciliation,	603
and persuasion, to induce compliance with this chapter.	604

(B)(1) Any person may file a charge with the commission	605
alleging that another person has engaged or is engaging in an	606
unlawful discriminatory practice. In the case of a charge alleging	607
an unlawful discriminatory practice described in division (A),	608
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	609
section 4112.021 or 4112.022 of the Revised Code, the charge shall	610
be in writing and under oath and shall be filed with the	611
commission within six months after the alleged unlawful	612
discriminatory practice was committed. In the case of a charge	613
alleging an unlawful discriminatory practice described in division	614
(H) of section 4112.02 of the Revised Code, the charge shall be in	615
writing and under oath and shall be filed with the commission	616
within one year after the alleged unlawful discriminatory practice	617
was committed.	618

(2) Upon receiving a charge, the commission may initiate a	619
preliminary investigation to determine whether it is probable that	620
an unlawful discriminatory practice has been or is being engaged	621
in. The commission also may conduct, upon its own initiative and	622
independent of the filing of any charges, a preliminary	623
investigation relating to any of the unlawful discriminatory	624
practices described in division (A), (B), (C), (D), (E), (F), (I),	625
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	626
the Revised Code. Prior to a notification of a complainant under	627
division (B)(4) of this section or prior to the commencement of	628
informal methods of conference, conciliation, and persuasion under	629
that division, the members of the commission and the officers and	630
employees of the commission shall not make public in any manner	631
and shall retain as confidential all information that was obtained	632
as a result of or that otherwise pertains to a preliminary	633
investigation other than one described in division (B)(3) of this	634
section.	635

(3)(a) Unless it is impracticable to do so and subject to its	636
authority under division (B)(3)(d) of this section, the commission	637
shall complete a preliminary investigation of a charge filed	638
pursuant to division (B)(1) of this section that alleges an	639
unlawful discriminatory practice described in division (H) of	640
section 4112.02 of the Revised Code, and shall take one of the	641
following actions, within one hundred days after the filing of the	642
charge:	643

(i) Notify the complainant and the respondent that it is not	644
probable that an unlawful discriminatory practice described in	645
division (H) of section 4112.02 of the Revised Code has been or is	646
being engaged in and that the commission will not issue a	647
complaint in the matter;	648

(ii) Initiate a complaint and schedule it for informal	649
methods of conference, conciliation, and persuasion;	650

(iii) Initiate a complaint and refer it to the attorney	651
general with a recommendation to seek a temporary or permanent	652
injunction or a temporary restraining order. If this action is	653
taken, the attorney general shall apply, as expeditiously as	654
possible after receipt of the complaint, to the court of common	655
pleas of the county in which the unlawful discriminatory practice	656
allegedly occurred for the appropriate injunction or order, and	657
the court shall hear and determine the application as	658
expeditiously as possible.	659

(b) If it is not practicable to comply with the requirements	660
of division (B)(3)(a) of this section within the one-hundred-day	661
period described in that division, the commission shall notify the	662
complainant and the respondent in writing of the reasons for the	663
noncompliance.	664

(c) Prior to the issuance of a complaint under division	665
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	666
of the complainant and the respondent under division (B)(3)(a)(i)	667
of this section, the members of the commission and the officers	668
and employees of the commission shall not make public in any	669
manner and shall retain as confidential all information that was	670
obtained as a result of or that otherwise pertains to a	671
preliminary investigation of a charge filed pursuant to division	672
(B)(1) of this section that alleges an unlawful discriminatory	673
practice described in division (H) of section 4112.05 of the	674
Revised Code.	675

(d) Notwithstanding the types of action described in	676
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	677
issuance of a complaint or the referral of a complaint to the	678
attorney general and prior to endeavoring to eliminate an unlawful	679
discriminatory practice described in division (H) of section	680
4112.02 of the Revised Code by informal methods of conference,	681
conciliation, and persuasion, the commission may seek a temporary	682
or permanent injunction or a temporary restraining order in the	683
court of common pleas of the county in which the unlawful	684
discriminatory practice allegedly occurred.	685

(4) If the commission determines after a preliminary	686
investigation other than one described in division (B)(3) of this	687
section that it is not probable that an unlawful discriminatory	688
practice has been or is being engaged in, it shall notify any	689
complainant under division (B)(1) of this section that it has so	690
determined and that it will not issue a complaint in the matter.	691
If the commission determines after a preliminary investigation	692
other than the one described in division (B)(3) of this section	693
that it is probable that an unlawful discriminatory practice has	694
been or is being engaged in, it shall endeavor to eliminate the	695
practice by informal methods of conference, conciliation, and	696
persuasion.	697

(5) Nothing said or done during informal methods of	698
conference, conciliation, and persuasion under this section shall	699
be disclosed by any member of the commission or its staff or be	700
used as evidence in any subsequent hearing or other proceeding.	701
If, after a preliminary investigation and the use of informal	702
methods of conference, conciliation, and persuasion under this	703
section, the commission is satisfied that any unlawful	704
discriminatory practice will be eliminated, it may treat the	705
charge involved as being conciliated and enter that disposition on	706
the records of the commission. If the commission fails to effect	707
the elimination of an unlawful discriminatory practice by informal	708
methods of conference, conciliation, and persuasion under this	709
section and to obtain voluntary compliance with this chapter, the	710
commission shall issue and cause to be served upon any person,	711
including the respondent against whom a complainant has filed a	712
charge pursuant to division (B)(1) of this section, a complaint	713
stating the charges involved and containing a notice of an	714
opportunity for a hearing before the commission, a member of the	715
commission, or a hearing examiner at a place that is stated in the	716
notice and that is located within the county in which the alleged	717
unlawful discriminatory practice has occurred or is occurring or	718
in which the respondent resides or transacts business. The hearing	719
shall be held not less than thirty days after the service of the	720
complaint upon the complainant, the aggrieved persons other than	721
the complainant on whose behalf the complaint is issued, and the	722
respondent, unless the complainant, an aggrieved person, or the	723
respondent elects to proceed under division (A)(2) of section	724
4112.051 of the Revised Code when that division is applicable. If	725
a complaint pertains to an alleged unlawful discriminatory	726
practice described in division (H) of section 4112.02 of the	727
Revised Code, the complaint shall notify the complainant, an	728
aggrieved person, and the respondent of the right of the	729
complainant, an aggrieved person, or the respondent to elect to	730
proceed with the administrative hearing process under this section	731
or to proceed under division (A)(2) of section 4112.051 of the	732
Revised Code.	733

(6) The attorney general shall represent the commission at	734
any hearing held pursuant to division (B)(5) of this section and	735
shall present the evidence in support of the complaint.	736

(7) Any complaint issued pursuant to division (B)(5) of this	737
section after the filing of a charge under division (B)(1) of this	738
section shall be so issued within one year after the complainant	739
filed the charge with respect to an alleged unlawful	740
discriminatory practice.	741

(C) Any complaint issued pursuant to division (B) of this	742
section may be amended by the commission, a member of the	743
commission, or the hearing examiner conducting a hearing under	744
division (B) of this section, at any time prior to or during the	745
hearing. The respondent has the right to file an answer or an	746
amended answer to the original and amended complaints and to	747
appear at the hearing in person, by attorney, or otherwise to	748
examine and cross-examine witnesses.	749

(D) The complainant shall be a party to a hearing under	750
division (B) of this section, and any person who is an	751
indispensable party to a complete determination or settlement of a	752
question involved in the hearing shall be joined. Any aggrieved	753
person who has or claims an interest in the subject of the hearing	754
and in obtaining or preventing relief against the unlawful	755
discriminatory practices complained of shall be permitted to	756
appear only for the presentation of oral or written arguments, to	757
present evidence, perform direct and cross-examination, and be	758
represented by counsel. The commission shall adopt rules, in	759
accordance with Chapter 119. of the Revised Code governing the	760
authority granted under this division.	761

(E) In any hearing under division (B) of this section, the	762
commission, a member of the commission, or the hearing examiner	763
shall not be bound by the Rules of Evidence but, in ascertaining	764
the practices followed by the respondent, shall take into account	765
all reliable, probative, and substantial statistical or other	766
evidence produced at the hearing that may tend to prove the	767
existence of a predetermined pattern of employment or membership,	768
provided that nothing contained in this section shall be construed	769
to authorize or require any person to observe the proportion that	770
persons of any race, color, religion, sex, military status,	771
familial status, national origin, disability, age, or ancestry	772
bear to the total population or in accordance with any criterion	773
other than the individual qualifications of the applicant.	774

(F) The testimony taken at a hearing under division (B) of	775
this section shall be under oath and shall be reduced to writing	776
and filed with the commission. Thereafter, in its discretion, the	777
commission, upon the service of a notice upon the complainant and	778
the respondent that indicates an opportunity to be present, may	779
take further testimony or hear argument.	780

(G)(1)(a) If, upon all reliable, probative, and substantial	781
evidence presented at a hearing under division (B) of this	782
section, the commission determines that the respondent has engaged	783
in, or is engaging in, any unlawful discriminatory practice,	784
whether against the complainant or others, the commission shall	785
state its findings of fact and conclusions of law and shall issue	786
and, subject to the provisions of Chapter 119. of the Revised	787
Code, cause to be served on the respondent an order requiring the	788
respondent to ceasedo all of the following:	789

(i) Cease and desist from the unlawful discriminatory	790
practice, requiring the respondent to take;	791

(ii) Take any further affirmative or other action that will	792
effectuate the purposes of this chapter, including, but not	793
limited to, hiring, reinstatement, or upgrading of employees with	794
or without back pay, or admission or restoration to union	795
membership, and requiring the respondent to report;	796

(iii) Report to the commission the manner of compliance. If

797

If the commission directs payment of back pay, it shall make	798
allowance for interim earnings. If it	799

(b) If the commission finds a violation of division (H) of	800
section 4112.02 of the Revised Code, in addition to the actions	801
described in division (G)(1)(a) of this section, the commission	802
additionally shallmay require the respondent to pay actual	803
damages and reasonable attorney's fees, and. If the commission	804
determines that the respondent committed the violation with actual	805
malice, the commission also may award to the complainant punitive	806
damages as follows:	807

(a)(i) If division (G)(1)(b) or (c)(ii) of this section does	808
not apply, punitive damages in an amount not to exceed tentwice	809
the amount of actual damages, up to five thousand dollars;	810

(b)(ii) If division (G)(1)(c) of this section does not apply	811
and if the respondent has been determined by a final order of the	812
commission or by a final judgment of a court to have committed one	813
violationor more violations of division (H) of section 4112.02 of	814
the Revised Code during the five-year period immediately preceding	815
the date on which a complaint was issued pursuant to division (B)	816
of this section, punitive damages in an amount not to exceed	817
twenty-five thousand dollars;	818

(c) If the respondent has been determined by a final order of	819
the commission or by a final judgment of a court to have committed	820
two or more violations of division (H) of section 4112.02 of the	821
Revised Code during the seven-year period immediately preceding	822
the date on which a complaint was issued pursuant to division (B)	823
of this section, punitivetwice the amount of actual damages in an	824
amount not to exceed fifty thousand dollars.	825

(c) No actual or punitive damages as provided in division	826
(G)(1)(b) of this section shall be awarded to a state or local	827
fair housing agency.	828

(2) Upon the submission of reports of compliance, the	829
commission may issue a declaratory order stating that the	830
respondent has ceased to engage in particular unlawful	831
discriminatory practices.	832

(H) If the commission finds that no probable cause exists for	833
crediting charges of unlawful discriminatory practices or if, upon	834
all the evidence presented at a hearing under division (B) of this	835
section on a charge, the commission finds that a respondent has	836
not engaged in any unlawful discriminatory practice against the	837
complainant or others, it shall state its findings of fact and	838
shall issue and cause to be served on the complainant an order	839
dismissing the complaint as to the respondent. The respondent may	840
recover reasonable attorney's fees upon such finding. A copy of	841
the order shall be delivered in all cases to the attorney general	842
and any other public officers whom the commission considers	843
proper.	844

(I) Until the time period for appeal set forth in division	845
(H) of section 4112.06 of the Revised Code expires, the	846
commission, subject to the provisions of Chapter 119. of the	847
Revised Code, at any time, upon reasonable notice, and in the	848
manner it considers proper, may modify or set aside, in whole or	849
in part, any finding or order made by it under this section.	850

Section 2.  That existing sections 4112.02 and 4112.05 of the	851
Revised Code are hereby repealed.	852