Section 1. That sections 9.03, 124.93, 125.111, 153.59, | 23 |
153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, | 24 |
3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, | 25 |
3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, | 26 |
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, | 27 |
4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, | 28 |
5515.08, and 5709.832 of the Revised Code be amended to read as | 29 |
follows: | 30 |
(B) Except as otherwise provided in division (C) of this | 50 |
section, the governing body of a political subdivision may use | 51 |
public funds to publish and distribute newsletters, or to use any | 52 |
other means, to communicate information about the plans, policies, | 53 |
and operations of the political subdivision to members of the | 54 |
public within the political subdivision and to other persons who | 55 |
may be affected by the political subdivision. | 56 |
(2) Compensate any employee of the political subdivision for | 76 |
time spent on any activity to influence the outcome of an election | 77 |
for any of the purposes described in division (C)(1)(e) of this | 78 |
section. Division (C)(2) of this section does not prohibit the use | 79 |
of public funds to compensate an employee of a political | 80 |
subdivision for attending a public meeting to present information | 81 |
about the political subdivision's finances, activities, and | 82 |
governmental actions in a manner that is not designed to influence | 83 |
the outcome of an election or the passage of a levy or bond issue, | 84 |
even though the election, levy, or bond issue is discussed or | 85 |
debated at the meeting. | 86 |
(B) No health insuring corporation that, on or after July 1, | 121 |
1993, enters into or renews a contract with the department of | 122 |
administrative services under section 124.82 of the Revised Code, | 123 |
because of a physician's race, color, religion, sexgender, age, | 124 |
ancestry, or national origin,; or disability, sexual orientation, | 125 |
gender identity, or military status, as
those terms are defined | 126 |
in section 4112.01 of the Revised Code, age, or ancestry, shall | 127 |
refuse to contract with that physician for the provision of health | 128 |
care services under section 124.82 of the Revised Code. | 129 |
(C) Each health insuring corporation that, on or after July | 134 |
1, 1993, enters into or renews a contract with the department of | 135 |
administrative services under section 124.82 of the Revised Code | 136 |
and that refuses to contract with a physician for the provision of | 137 |
health care services under that section shall provide that | 138 |
physician with a written notice that clearly explains the reason | 139 |
or reasons for the refusal. The notice shall be sent to the | 140 |
physician by regular mail within thirty days after the refusal. | 141 |
(1) That, in the hiring of employees for the performance of | 152 |
work under the contract or any subcontract, no contractor or | 153 |
subcontractor, by reason of race, color, religion, sexgender, | 154 |
age, ancestry, or national origin; or disability, sexual | 155 |
orientation, gender identity, or military status, as those terms | 156 |
are defined in section 4112.01 of the Revised Code, national | 157 |
origin, or ancestry, shall discriminate against any citizen of | 158 |
this state in the employment of a person qualified and available | 159 |
to perform the work to which the contract relates; | 160 |
(2) That no contractor, subcontractor, or person acting on | 161 |
behalf of any contractor or subcontractor, in any manner, shall | 162 |
discriminate against, intimidate, or retaliate against any | 163 |
employee hired for the performance of work under the contract on | 164 |
account of race, color, religion, sexgender, age, ancestry, or | 165 |
national origin; or disability, sexual orientation, gender | 166 |
identity, or military status, as those terms are defined in | 167 |
section 4112.01 of the Revised Code,national origin, or ancestry. | 168 |
(B) All contractors from whom the state or any of its | 169 |
political subdivisions make purchases shall have a written | 170 |
affirmative action program for the employment and effective | 171 |
utilization of economically disadvantaged persons, as referred to | 172 |
in division (E)(1) of section 122.71 of the Revised Code. | 173 |
Annually, each such contractor shall file a description of the | 174 |
affirmative action program and a progress report on its | 175 |
implementation with the equal employment opportunity office of the | 176 |
department of administrative services. | 177 |
(A) That, in the hiring of employees for the performance of | 183 |
work under the contract or any subcontract, no contractor, | 184 |
subcontractor, or any person acting on a contractor's or | 185 |
subcontractor's behalf, by reason of race, color, creed, sex,or | 186 |
gender; or disability, sexual orientation, gender identity, or | 187 |
military status as those terms are defined in section 4112.01 of | 188 |
the Revised Code, or color, shall discriminate against any citizen | 189 |
of the state in the employment of labor or workers who is | 190 |
qualified and available to perform the work to which the | 191 |
employment relates; | 192 |
(B) That no contractor, subcontractor, or any person on a | 193 |
contractor's or subcontractor's behalf, in any manner, shall | 194 |
discriminate against or intimidate any employee hired for the | 195 |
performance of work under the contract on account of race, color, | 196 |
creed,
sex,or gender; or disability, sexual orientation, gender | 197 |
identity, or military status as those terms are defined in section | 198 |
4112.01 of the Revised Code, or color. | 199 |
The department of administrative services shall ensure that | 200 |
no capital moneys appropriated by the general assembly for any | 201 |
purpose shall be expended unless the project for which those | 202 |
moneys are appropriated provides for an affirmative action program | 203 |
for the employment and effective utilization of disadvantaged | 204 |
persons whose disadvantage may arise from cultural, racial, or | 205 |
ethnic background, or other similar cause, including, but not | 206 |
limited to, race, religion, sexgender, ancestry, or national | 207 |
origin; or disability or military status as those terms are | 208 |
defined in section 4112.01 of the Revised Code, national origin, | 209 |
or ancestry. | 210 |
In awarding contracts for capital improvement projects, the | 211 |
department shall ensure that equal consideration be given to | 212 |
contractors, subcontractors, or joint venturers who qualify as a | 213 |
minority business enterprise. As used in this section, "minority | 214 |
business enterprise" means a business enterprise that is owned or | 215 |
controlled by one or more socially or economically disadvantaged | 216 |
persons who are residents of this state. "Socially or economically | 217 |
disadvantaged persons" means persons, regardless of marital | 218 |
status, who are members of groups whose disadvantage may arise | 219 |
from discrimination on the basis of race, religion, sexgender, | 220 |
ancestry, or national origin; or disability or military status as | 221 |
those terms are defined in section 4112.01 of the Revised Code, | 222 |
national origin, ancestry,; or other similar cause. | 223 |
Sec. 153.591. Any provision of a hiring hall contract or | 224 |
agreement which obligates a contractor to hire, if available, only | 225 |
employees referred to the contractor by a labor organization shall | 226 |
be void as against public policy and unenforceable with respect to | 227 |
employment under any public works contract unless at the date of | 228 |
execution of the hiring hall contract or agreement, or within | 229 |
thirty days thereafter, the labor organization has in effect | 230 |
procedures for referring qualified employees for hire without | 231 |
regard to race, color, religion, gender, ancestry, or national | 232 |
origin; or sexual orientation, gender identity, or military status | 233 |
as defined in section 4112.01 of the Revised Code, or ancestry and | 234 |
unless the labor organization includes in its apprentice and | 235 |
journeyperson's membership, or otherwise has available for job | 236 |
referral without discrimination, qualified employees, both whites | 237 |
and non-whites (including African-AmericansAfrican Americans). | 238 |
Sec. 340.12. No board of alcohol, drug addiction, and mental | 239 |
health services or any agency, corporation, or association under | 240 |
contract with such a board shall discriminate in the provision of | 241 |
services under its authority, in employment, or contract on the | 242 |
basis of race, color, sex, creed, disabilitygender, or national | 243 |
origin, or disability; or sexual orientation or gender identity as | 244 |
those terms are defined in section 4112.01 of the Revised Code. | 245 |
Each board, each community mental health agency, and each | 246 |
alcohol and drug addiction program shall have a written | 247 |
affirmative action program. The affirmative action program shall | 248 |
include goals for the employment and effective utilization of, | 249 |
including contracts with, members of economically disadvantaged | 250 |
groups as defined in division (E)(1) of section 122.71 of the | 251 |
Revised Code in percentages reflecting as nearly as possible the | 252 |
composition of the alcohol, drug addiction, and mental health | 253 |
service district served by the board. Each board, agency, and | 254 |
program shall file a description of the affirmative action program | 255 |
and a progress report on its implementation with the department of | 256 |
mental health or the department of alcohol and drug addiction | 257 |
services. | 258 |
Sec. 511.03. After an affirmative vote in an election held | 259 |
under sections 511.01 and 511.02 of the Revised Code, the board of | 260 |
township trustees may make all contracts necessary for the | 261 |
purchase of a site, and the erection, improvement, or enlargement | 262 |
of such building. The board shall have control of any town hall | 263 |
belonging to the township, and it may rent or lease all or part of | 264 |
any hall, lodge, or recreational facility belonging to the | 265 |
township, to any person or organization under terms the board | 266 |
considers proper, for which all rent shall be paid in advance or | 267 |
fully secured. In establishing the terms of any rental agreement | 268 |
or lease pursuant to this section, the board of township trustees | 269 |
may give preference to persons who are residents of or | 270 |
organizations that are headquartered in the township or that are | 271 |
charitable or fraternal in nature. All persons or organizations | 272 |
shall be treated on a like or similar basis, and no | 273 |
differentiation shall be made on the basis of race, color, | 274 |
religion, national origin, sexgender, national origin, or | 275 |
political affiliation; or sexual orientation or gender identity as | 276 |
those terms are defined in section 4112.01 of the Revised Code. | 277 |
The rents received for such facilities may be used for their | 278 |
repair or improvement, and any balance shall be used for general | 279 |
township purposes. | 280 |
(V) Acquire by purchase, gift, devise, bequest, lease, | 333 |
condemnation proceedings, or otherwise, real or personal property, | 334 |
and thereon and thereof to establish, construct, enlarge, improve, | 335 |
equip, maintain, and operate airports, landing fields, or other | 336 |
air navigation facilities, either within or outside the limits of | 337 |
a municipal corporation, and acquire by purchase, gift, devise, | 338 |
lease, or condemnation proceedings rights-of-way for connections | 339 |
with highways, waterways, and electric, steam, and interurban | 340 |
railroads, and improve and equip such facilities with structures | 341 |
necessary or appropriate for such purposes. No municipal | 342 |
corporation may take or disturb property or facilities belonging | 343 |
to any public utility or to a common carrier engaged in interstate | 344 |
commerce, which property or facilities are required for the proper | 345 |
and convenient operation of the utility or carrier, unless | 346 |
provision is made for the restoration, relocation, or duplication | 347 |
of the property or facilities elsewhere at the sole cost of the | 348 |
municipal corporation. | 349 |
(Y) Acquire by gift, purchase, lease, or condemnation, land, | 363 |
forest, and water rights necessary for conservation of forest | 364 |
reserves, water parks, or reservoirs, either within or without the | 365 |
limits of the municipal corporation, and improve and equip the | 366 |
forest and water parks with structures, equipment, and | 367 |
reforestation necessary or appropriate for any purpose for the | 368 |
utilization of any of the forest and water benefits that may | 369 |
properly accrue therefrom to the municipal corporation; | 370 |
(AA) Construct or rehabilitate, equip, maintain, operate, and | 374 |
lease facilities for housing of elderly persons and for persons of | 375 |
low and moderate income, and appurtenant facilities. No municipal | 376 |
corporation shall deny housing accommodations to or withhold | 377 |
housing accommodations from elderly persons or persons of low and | 378 |
moderate income because of race, color, religion, sexgender, | 379 |
ancestry, or national origin; or familial status as defined in | 380 |
section 4112.01 of the Revised Code, military status as defined in | 381 |
that section, disability
as defined in that section,
ancestry, | 382 |
or national originsexual orientation, gender identity, or | 383 |
military status, as those terms are defined in section 4112.01 of | 384 |
the Revised Code. Any elderly person or person of low or moderate | 385 |
income who is denied housing accommodations or has them withheld | 386 |
by a municipal corporation because of race, color, religion, sex | 387 |
gender, ancestry, or national origin; or familial status
as | 388 |
defined in section 4112.01 of the Revised Code, military status as | 389 |
defined in that section, disability as defined in that section, | 390 |
ancestry, or national originsexual orientation, gender identity, | 391 |
or military status as those terms are defined in section 4112.01 | 392 |
of the Revised Code may file a charge with the Ohio civil rights | 393 |
commission as provided in Chapter 4112. of the Revised Code. | 394 |
(BB) Acquire, rehabilitate, and develop rail property or rail | 395 |
service, and enter into agreements with the Ohio rail development | 396 |
commission, boards of county commissioners, boards of township | 397 |
trustees, legislative authorities of other municipal corporations, | 398 |
with other governmental agencies or organizations, and with | 399 |
private agencies or organizations in order to achieve those | 400 |
purposes; | 401 |
(DD) Authorize the board of county commissioners, pursuant to | 405 |
a contract authorizing the action, to contract on the municipal | 406 |
corporation's behalf for the administration and enforcement within | 407 |
its jurisdiction of the state building code by another county or | 408 |
another municipal corporation located within or outside the | 409 |
county. The contract for administration and enforcement shall | 410 |
provide for obtaining certification pursuant to division (E) of | 411 |
section 3781.10 of the Revised Code for the exercise of | 412 |
administration and enforcement authority within the municipal | 413 |
corporation seeking those services and shall specify which | 414 |
political subdivision is responsible for securing that | 415 |
certification. | 416 |
Sec. 1501.012. (A) The director of natural resources may | 428 |
lease lands in state parks, as defined in section 1501.07 of the | 429 |
Revised Code, and contract for the construction and operation of | 430 |
public service facilities, as mentioned in that section, and for | 431 |
major renovation or remodeling of existing public service | 432 |
facilities by the lessees on those lands. If the director | 433 |
determines that doing so would be consistent with long-range | 434 |
planning of the department of natural resources and in the best | 435 |
interests of the department and the division of parks and | 436 |
recreation in the department, the director shall negotiate and | 437 |
execute a lease and contract for those purposes in accordance with | 438 |
this chapter except as otherwise provided in this section. | 439 |
(B) With the approval of the recreation and resources council | 440 |
created under section 1501.04 of the Revised Code, the director | 441 |
shall draft a statement of intent describing any public service | 442 |
facility that the department wishes to have constructed in | 443 |
accordance with this section and establishing a procedure for the | 444 |
submission of proposals for providing the facility, including, but | 445 |
not limited to, a requirement that each prospective bidder or | 446 |
lessee of land shall submit with the proposal a completed | 447 |
questionnaire and financial statement, on forms prescribed and | 448 |
furnished by the department, to enable the department to ascertain | 449 |
the person's financial worth and experience in maintaining and | 450 |
operating facilities similar or related to the public service | 451 |
facility in question. The completed questionnaire and financial | 452 |
statement shall be verified under oath by the prospective bidder | 453 |
or lessee. Questionnaires and financial statements submitted under | 454 |
this division are confidential and are not open to public | 455 |
inspection. Nothing in this division shall be construed to prevent | 456 |
use of or reference to questionnaires and financial statements in | 457 |
a civil action or criminal prosecution commenced by the state. | 458 |
The director shall publish the statement of intent in at | 459 |
least three daily newspapers of general circulation in the state | 460 |
at least once each week for four consecutive weeks. The director | 461 |
then shall accept proposals in response to the statement of intent | 462 |
for at least thirty days following the final publication of the | 463 |
statement. At the end of the period during which proposals may be | 464 |
submitted under this division, the director shall select the | 465 |
proposal that the director determines best complies with the | 466 |
statement of intent and may negotiate a lease and contract with | 467 |
the person that submitted that proposal. | 468 |
(2) Unless otherwise required by state or federal law, no | 524 |
health insuring corporation, or health care facility or provider | 525 |
through which the health insuring corporation has made | 526 |
arrangements to provide health care services, shall discriminate | 527 |
against any individual with regard to enrollment, disenrollment, | 528 |
or the quality of health care services rendered, on the basis of | 529 |
the individual's race, color, sexreligion, gender, or age, | 530 |
religion, military status; or sexual orientation, gender identity, | 531 |
or military status, as
those terms are defined in section 4112.01 | 532 |
of the Revised Code,; or status as a recipient of medicare or | 533 |
medicaid, or any health status-related factor in relation to the | 534 |
individual. However, a health insuring corporation shall not be | 535 |
required to accept a recipient of medicare or medical assistance, | 536 |
if an agreement has not been reached on appropriate payment | 537 |
mechanisms between the health insuring corporation and the | 538 |
governmental agency administering these programs. Further, except | 539 |
for open enrollment coverage under sections 3923.58 and 3923.581 | 540 |
of the Revised Code, a health insuring corporation may reject an | 541 |
applicant for nongroup enrollment on the basis of any health | 542 |
status-related factor in relation to the applicant. | 543 |
(C) An enrollee may appeal any action or decision of a health | 551 |
insuring corporation taken pursuant to section 2742(b) to (e) of | 552 |
the "Health Insurance Portability and Accountability Act of 1996," | 553 |
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as | 554 |
amended. To appeal, the enrollee may submit a written complaint to | 555 |
the health insuring corporation pursuant to section 1751.19 of the | 556 |
Revised Code. The enrollee may, within thirty days after receiving | 557 |
a written response from the health insuring corporation, appeal | 558 |
the health insuring corporation's action or decision to the | 559 |
superintendent. | 560 |
(1) Any person because of race, color, religion, sexgender, | 577 |
ancestry, or national origin; or familial status as defined in | 578 |
section 4112.01 of the Revised Code, national origin, military | 579 |
status as defined in that section, disability as defined in that | 580 |
section, sexual orientation, gender identity, or
ancestrymilitary | 581 |
status, as those terms are defined in section 4112.01 of the | 582 |
Revised Code, and because that person is or has been selling, | 583 |
purchasing, renting, financing, occupying, contracting, or | 584 |
negotiating for the sale, purchase, rental, financing, or | 585 |
occupation of any housing accommodations, or applying for or | 586 |
participating in any service, organization, or facility relating | 587 |
to the business of selling or renting housing accommodations; | 588 |
(a) Participating, without discrimination on account of race, | 592 |
color, religion, sexgender, ancestry, or national origin; or | 593 |
familial status as defined in section 4112.01 of the Revised Code, | 594 |
national origin, military status as defined in that section, | 595 |
disability
as defined in that section, sexual orientation, gender | 596 |
identity, or
ancestrymilitary status, as those terms are defined | 597 |
in section 4112.01 of the Revised Code, in any of the activities, | 598 |
services, organizations, or facilities described in division | 599 |
(A)(1) of this section; | 600 |
(3) Any person because that person is or has been, or in | 603 |
order to discourage that person or any other person from, lawfully | 604 |
aiding or encouraging other persons to participate, without | 605 |
discrimination on account of race, color, religion, sexgender, | 606 |
ancestry, or national origin; or familial status as defined in | 607 |
section 4112.01 of the Revised Code, national origin, military | 608 |
status as defined in that section, disability as defined in that | 609 |
section,
sexual orientation, gender identity, or
ancestry, | 610 |
military status, as those terms are defined in section 4112.01 of | 611 |
the Revised Code, in any of the activities, services, | 612 |
organizations, or facilities described in division (A)(1) of this | 613 |
section, or participating lawfully in speech or peaceful assembly | 614 |
opposing any denial of the opportunity to so participate. | 615 |
(3) Receive at least twenty-five per cent of its funds from | 626 |
sources other than funds distributed pursuant to section 3113.35 | 627 |
of the Revised Code. These other sources may be public or private, | 628 |
and may include funds distributed pursuant to section 3113.37 of | 629 |
the Revised Code, and contributions of goods or services, | 630 |
including materials, commodities, transportation, office space, or | 631 |
other types of facilities or personal services. | 632 |
(B) A shelter for victims of domestic violence does not | 640 |
qualify for funds if it discriminates in its admissions or | 641 |
provision of services on the basis of race, religion, color, | 642 |
religion, age, ancestry, national origin, or marital status, | 643 |
national origin, or ancestry; or sexual orientation or gender | 644 |
identity as those terms are defined in section 4112.01 of the | 645 |
Revised Code. A shelter does not qualify for funds in the second | 646 |
half of any year if its application projects the provision of | 647 |
residential service and such service has not been provided in the | 648 |
first half of that year; such a shelter does not qualify for funds | 649 |
in the following year. | 650 |
(3) Standards ensuring that preschool staff members and | 666 |
nonteaching employees are recruited, employed, assigned, | 667 |
evaluated, and provided inservice education without discrimination | 668 |
on the basis of race, color, gender, age, color,or national | 669 |
origin, race, or sex; or sexual orientation or gender identity, as | 670 |
those terms are defined in section 4112.01 of the Revised Code; | 671 |
and that preschool staff members and nonteaching employees are | 672 |
assigned responsibilities in accordance with written position | 673 |
descriptions commensurate with their training and experience; | 674 |
Sec. 3304.14. (A) The governor shall appoint an administrator | 697 |
of the rehabilitation services commission to serve at the pleasure | 698 |
of the governor and shall fix the administrator's compensation. | 699 |
The administrator shall devote the administrator's entire time to | 700 |
the duties of the administrator's office, shall hold no other | 701 |
office or position of trust and profit, and shall engage in no | 702 |
other business during the administrator's term of office. The | 703 |
governor may grant the administrator the authority to appoint, | 704 |
remove, and discipline without regard to sex, race, creed, color, | 705 |
creed, gender, age, or national origin; or sexual orientation or | 706 |
gender identity as those terms are defined in section 4112.01 of | 707 |
the Revised Code, such other professional, administrative, and | 708 |
clerical staff members as are necessary to carry out the functions | 709 |
and duties of the commission. | 710 |
Sec. 3304.50. The Ohio independent living council | 717 |
established and appointed by the governor under the authority of | 718 |
section 107.18 of the Revised Code and pursuant to the | 719 |
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 | 720 |
U.S.C.A. 796d, shall appoint an executive director to serve at the | 721 |
pleasure of the council and shall fix histhe executive director's | 722 |
compensation. The executive director shall not be considered a | 723 |
public employee for purposes of Chapter 4117. of the Revised Code. | 724 |
The council may delegate to the executive director the authority | 725 |
to appoint, remove, and discipline, without regard to sex, race, | 726 |
creed, color, creed, gender, age, or national origin; or sexual | 727 |
orientation or gender identity as those terms are defined in | 728 |
section 4112.01 of the Revised Code, such other professional, | 729 |
administrative, and clerical staff members as are necessary to | 730 |
carry out the functions and duties of the council. | 731 |
(B) A school district operating a school under this section | 745 |
shall have such school open for instruction for each pupil | 746 |
enrolled in that school for at least nine hundred ten hours during | 747 |
the school year. For purposes of determining whether a school that | 748 |
is on a staggered attendance schedule is in compliance with this | 749 |
section in any school year, the department of education may | 750 |
include days the school was open for instruction with pupils in | 751 |
attendance for not more than the first seventy days of the ensuing | 752 |
school year provided such days are not considered as days the | 753 |
school was open for instruction during such ensuing school year. | 754 |
The following shall be considered as time during which the schools | 755 |
are open for instruction for a pupil enrolled in such a school, or | 756 |
for a pupil enrolled in a school that is not on a staggered | 757 |
attendance schedule but that operates under this section: | 758 |
(B)(1) That admission to the school may be limited to | 789 |
students who have attained a specific grade level or are within a | 790 |
specific age group; to students that meet a definition of | 791 |
"at-risk," as defined in the contract; to residents of a specific | 792 |
geographic area within the district, as defined in the contract; | 793 |
or to separate groups of autistic students and nondisabled | 794 |
students, as authorized in section 3314.061 of the Revised Code | 795 |
and as defined in the contract. | 796 |
(H) That, except as otherwise provided under division (B) of | 840 |
this section or section 3314.061 of the Revised Code, if the | 841 |
number of applicants exceeds the capacity restrictions of division | 842 |
(F) of this section, students shall be admitted by lot from all | 843 |
those submitting applications, except preference shall be given to | 844 |
students attending the school the previous year and to students | 845 |
who reside in the district in which the school is located. | 846 |
Preference may be given to siblings of students attending the | 847 |
school the previous year. | 848 |
(F) Presenting to prospective students, either at the time of | 874 |
solicitation or enrollment, or through advertising, mail | 875 |
circulars, or phone solicitation, misleading, deceptive, false, or | 876 |
fraudulent information relating to any program, employment | 877 |
opportunity, or opportunities for enrollment in accredited | 878 |
institutions of higher education after entering or completing | 879 |
programs offered by the holder of a certificate of registration; | 880 |
(3) Upon admission and thereafter, the right to adequate and | 923 |
appropriate medical treatment and nursing care and to other | 924 |
ancillary services that comprise necessary and appropriate care | 925 |
consistent with the program for which the resident contracted. | 926 |
This care shall be provided without regard to considerations such | 927 |
as race, color, religion, age, national origin, age,; sexual | 928 |
orientation or gender identity as those terms are defined in | 929 |
section 4112.01 of the Revised Code; or source of payment for | 930 |
care. | 931 |
(7) The right, upon request, to be assigned, within the | 939 |
capacity of the home to make the assignment, to the staff | 940 |
physician of the resident's choice, and the right, in accordance | 941 |
with the rules and written policies and procedures of the home, to | 942 |
select as the attending physician a physician who is not on the | 943 |
staff of the home. If the cost of a physician's services is to be | 944 |
met under a federally supported program, the physician shall meet | 945 |
the federal laws and regulations governing such services. | 946 |
(8) The right to participate in decisions that affect the | 947 |
resident's life, including the right to communicate with the | 948 |
physician and employees of the home in planning the resident's | 949 |
treatment or care and to obtain from the attending physician | 950 |
complete and current information concerning medical condition, | 951 |
prognosis, and treatment plan, in terms the resident can | 952 |
reasonably be expected to understand; the right of access to all | 953 |
information in the resident's medical record; and the right to | 954 |
give or withhold informed consent for treatment after the | 955 |
consequences of that choice have been carefully explained. When | 956 |
the attending physician finds that it is not medically advisable | 957 |
to give the information to the resident, the information shall be | 958 |
made available to the resident's sponsor on the resident's behalf, | 959 |
if the sponsor has a legal interest or is authorized by the | 960 |
resident to receive the information. The home is not liable for a | 961 |
violation of this division if the violation is found to be the | 962 |
result of an act or omission on the part of a physician selected | 963 |
by the resident who is not otherwise affiliated with the home. | 964 |
(13) The right to be free from physical or chemical | 977 |
restraints or prolonged isolation except to the minimum extent | 978 |
necessary to protect the resident from injury to self, others, or | 979 |
to property and except as authorized in writing by the attending | 980 |
physician for a specified and limited period of time and | 981 |
documented in the resident's medical record. Prior to authorizing | 982 |
the use of a physical or chemical restraint on any resident, the | 983 |
attending physician shall make a personal examination of the | 984 |
resident and an individualized determination of the need to use | 985 |
the restraint on that resident. | 986 |
Physical or chemical restraints or isolation may be used in | 987 |
an emergency situation without authorization of the attending | 988 |
physician only to protect the resident from injury to self or | 989 |
others. Use of the physical or chemical restraints or isolation | 990 |
shall not be continued for more than twelve hours after the onset | 991 |
of the emergency without personal examination and authorization by | 992 |
the attending physician. The attending physician or a staff | 993 |
physician may authorize continued use of physical or chemical | 994 |
restraints for a period not to exceed thirty days, and at the end | 995 |
of this period and any subsequent period may extend the | 996 |
authorization for an additional period of not more than thirty | 997 |
days. The use of physical or chemical restraints shall not be | 998 |
continued without a personal examination of the resident and the | 999 |
written authorization of the attending physician stating the | 1000 |
reasons for continuing the restraint. | 1001 |
(21) The right upon reasonable request to private and | 1043 |
unrestricted communications with the resident's family, social | 1044 |
worker, and any other person, unless not medically advisable as | 1045 |
documented in the resident's medical record by the attending | 1046 |
physician, except that communications with public officials or | 1047 |
with the resident's attorney or physician shall not be restricted. | 1048 |
Private and unrestricted communications shall include, but are not | 1049 |
limited to, the right to: | 1050 |
(25) The right to be fully informed, prior to or at the time | 1070 |
of admission and during the resident's stay, in writing, of the | 1071 |
basic rate charged by the home, of services available in the home, | 1072 |
and of any additional charges related to such services, including | 1073 |
charges for services not covered under the medicare or medicaid | 1074 |
program. The basic rate shall not be changed unless thirty days' | 1075 |
notice is given to the resident or, if the resident is unable to | 1076 |
understand this information, to the resident's sponsor. | 1077 |
(31) The right to voice grievances and recommend changes in | 1135 |
policies and services to the home's staff, to employees of the | 1136 |
department of health, or to other persons not associated with the | 1137 |
operation of the home, of the resident's choice, free from | 1138 |
restraint, interference, coercion, discrimination, or reprisal. | 1139 |
This right includes access to a residents' rights advocate, and | 1140 |
the right to be a member of, to be active in, and to associate | 1141 |
with persons who are active in organizations of relatives and | 1142 |
friends of nursing home residents and other organizations engaged | 1143 |
in assisting residents. | 1144 |
(7) The agent, in charging the fee, does not discriminate on | 1173 |
the basis of race, sexreligion, gender, age, national origin, | 1174 |
religion, disabilitymarital status, health status, age, marital | 1175 |
status,or geographic location; or disability, sexual orientation, | 1176 |
gender identity, or military status, as those terms are defined in | 1177 |
section 4112.01 of the Revised Code, or geographic location, and | 1178 |
does not unfairly discriminate between persons of essentially the | 1179 |
same class and of essentially the same hazard or expectation of | 1180 |
life. | 1181 |
Sec. 4111.17. (A) No employer, including the state and | 1213 |
political subdivisions thereof, shall discriminate in the payment | 1214 |
of wages on the basis of race, color, religion, sexgender, age, | 1215 |
ancestry, or national origin, or ancestry; or sexual orientation | 1216 |
or gender identity as those terms are defined in section 4112.01 | 1217 |
of the Revised Code, by paying wages to any employee at a rate | 1218 |
less than the rate at which the employer pays wages to another | 1219 |
employee for equal work on jobs the performance of which requires | 1220 |
equal skill, effort, and responsibility, and which are performed | 1221 |
under similar conditions. | 1222 |
(D) The director of commerce shall carry out, administer, and | 1239 |
enforce this section. Any employee discriminated against in | 1240 |
violation of this section may sue in any court of competent | 1241 |
jurisdiction to recover two times the amount of the difference | 1242 |
between the wages actually received and the wages received by a | 1243 |
person performing equal work for the employer, from the date of | 1244 |
the commencement of the violation, and for costs, including | 1245 |
attorney fees. The director may take an assignment of any such | 1246 |
wage claim in trust for such employee and sue in the employee's | 1247 |
behalf. In any civil action under this section, two or more | 1248 |
employees of the same employer may join as co-plaintiffs in one | 1249 |
action. The director may sue in one action for claims assigned to | 1250 |
the director by two or more employees of the same employer. No | 1251 |
agreement to work for a discriminatory wage constitutes a defense | 1252 |
for any civil or criminal action to enforce this section. No | 1253 |
employer shall discriminate against any employee because such | 1254 |
employee makes a complaint or institutes, or testifies in, any | 1255 |
proceeding under this section. | 1256 |
(1) "Person" includes one or more individuals, partnerships, | 1260 |
associations, organizations, corporations, legal representatives, | 1261 |
trustees, trustees in bankruptcy, receivers, and other organized | 1262 |
groups of persons. "Person" also includes, but is not limited to, | 1263 |
any owner, lessor, assignor, builder, manager, broker, | 1264 |
salesperson, appraiser, agent, employee, lending institution, and | 1265 |
the state and all political subdivisions, authorities, agencies, | 1266 |
boards, and commissions of the state. | 1267 |
(2) "Employer" includes the state, any political subdivision | 1268 |
of the state, any person employing four or more persons within the | 1269 |
state, and any person acting directly or indirectly in the | 1270 |
interest of an employer, except that for purposes of | 1271 |
discrimination based upon sexual orientation or gender identity, | 1272 |
"employer" includes the state, any political subdivision of the | 1273 |
state, any person employing fifteen or more persons within the | 1274 |
state, and any person acting directly or indirectly in the | 1275 |
interest of an employer. | 1276 |
(9) "Place of public accommodation" means any inn, | 1295 |
restaurant, eating house, barbershop, public conveyance by air, | 1296 |
land, or water, theater, store, other place for the sale of | 1297 |
merchandise, or any other place of public accommodation or | 1298 |
amusement of which the accommodations, advantages, facilities, or | 1299 |
privileges are available to the public. | 1300 |
(10) "Housing accommodations" includes any building or | 1301 |
structure, or portion of a building or structure, that is used or | 1302 |
occupied or is intended, arranged, or designed to be used or | 1303 |
occupied as the home residence, dwelling, dwelling unit, or | 1304 |
sleeping place of one or more individuals, groups, or families | 1305 |
whether or not living independently of each other; and any vacant | 1306 |
land offered for sale or lease. "Housing accommodations" also | 1307 |
includes any housing accommodations held or offered for sale or | 1308 |
rent by a real estate broker, salesperson, or agent, by any other | 1309 |
person pursuant to authorization of the owner, by the owner, or by | 1310 |
the owner's legal representative. | 1311 |
(11) "Restrictive covenant" means any specification limiting | 1312 |
the transfer, rental, lease, or other use of any housing | 1313 |
accommodations because of race, color, religion, sexgender, | 1314 |
military status, familial status, national origin, disability, or | 1315 |
ancestry, national origin, familial status, disability, sexual | 1316 |
orientation, gender identity, or military status, or any | 1317 |
limitation based upon affiliation with or approval by any person, | 1318 |
directly or indirectly, employing race, color, religion,
sex | 1319 |
gender, military status, familial status, national origin, | 1320 |
disability, or ancestry,national origin, familial status, | 1321 |
disability, sexual orientation, gender identity, or military | 1322 |
status as a condition of affiliation or approval. | 1323 |
(13) "Disability" means a physical or mental impairment that | 1329 |
substantially limits one or more major life activities, including | 1330 |
the functions of caring for one's self, performing manual tasks, | 1331 |
walking, seeing, hearing, speaking, breathing, learning, and | 1332 |
working; a record of a physical or mental impairment; or being | 1333 |
regarded as having a physical or mental impairment. | 1334 |
(iii) Diseases and conditions, including, but not limited to, | 1358 |
orthopedic, visual, speech, and hearing impairments, cerebral | 1359 |
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 1360 |
cancer, heart disease, diabetes, human immunodeficiency virus | 1361 |
infection, mental retardation, emotional illness, drug addiction, | 1362 |
and alcoholism. | 1363 |
(18) "Common use areas" means rooms, spaces, or elements | 1380 |
inside or outside a building that are made available for the use | 1381 |
of residents of the building or their guests, and includes, but is | 1382 |
not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 1383 |
rooms, mail rooms, recreational areas, and passageways among and | 1384 |
between buildings. | 1385 |
(B) For the purposes of divisions (A) to (F) of section | 1409 |
4112.02 of the Revised Code, the terms "because of sexgender" and | 1410 |
"on the basis of sexgender" include, but are not limited to, | 1411 |
because of or on the basis of pregnancy, any illness arising out | 1412 |
of and occurring during the course of a pregnancy, childbirth, or | 1413 |
related medical conditions. Women affected by pregnancy, | 1414 |
childbirth, or related medical conditions shall be treated the | 1415 |
same for all employment-related purposes, including receipt of | 1416 |
benefits under fringe benefit programs, as other persons not so | 1417 |
affected but similar in their ability or inability to work, and | 1418 |
nothing in division (B) of section 4111.17 of the Revised Code | 1419 |
shall be interpreted to permit otherwise. This division shall not | 1420 |
be construed to require an employer to pay for health insurance | 1421 |
benefits for abortion, except where the life of the mother would | 1422 |
be endangered if the fetus were carried to term or except where | 1423 |
medical complications have arisen from the abortion, provided that | 1424 |
nothing in this division precludes an employer from providing | 1425 |
abortion benefits or otherwise affects bargaining agreements in | 1426 |
regard to abortion. | 1427 |
(A) For any employer, because of the race, color, religion, | 1430 |
sexgender, age, ancestry, national origin, disability, sexual | 1431 |
orientation, gender identity, or military status, national origin, | 1432 |
disability, age, or ancestry of any person, to discharge without | 1433 |
just cause, to refuse to hire, or otherwise to discriminate | 1434 |
against that person with respect to hire, tenure, terms, | 1435 |
conditions, or privileges of employment, or any matter directly or | 1436 |
indirectly related to employment. | 1437 |
(B) For an employment agency or personnel placement service, | 1438 |
because of race, color, religion, sexgender, age, ancestry, | 1439 |
national origin, disability, sexual orientation, gender identity, | 1440 |
or military status, national origin, disability, age, or ancestry, | 1441 |
to do any of the following: | 1442 |
(1) Limit or classify its membership on the basis of race, | 1451 |
color, religion, sexgender, age, ancestry, national origin, | 1452 |
disability, sexual orientation, gender identity, or military | 1453 |
status, national origin, disability, age, or ancestry; | 1454 |
(2) Discriminate against, limit the employment opportunities | 1455 |
of, or otherwise adversely affect the employment status, wages, | 1456 |
hours, or employment conditions of any person as an employee | 1457 |
because of race, color, religion, sexgender, age, ancestry, | 1458 |
national origin, disability, sexual orientation, gender identity, | 1459 |
or military status, national origin, disability, age, or ancestry. | 1460 |
(D) For any employer, labor organization, or joint | 1461 |
labor-management committee controlling apprentice training | 1462 |
programs to discriminate against any person because of race, | 1463 |
color, religion, sexgender, ancestry, national origin, | 1464 |
disability, sexual orientation, gender identity, or military | 1465 |
status, national origin, disability, or ancestry in admission to, | 1466 |
or employment in, any program established to provide apprentice | 1467 |
training. | 1468 |
(1) Elicit or attempt to elicit any information concerning | 1474 |
the race, color, religion, sexgender, age, ancestry, national | 1475 |
origin, disability, sexual orientation, gender identity, or | 1476 |
military status, national origin, disability, age, or ancestry of | 1477 |
an applicant for employment or membership; | 1478 |
(2) Make or keep a record of the race, color, religion, sex | 1479 |
gender,
age, ancestry, national origin, disability, sexual | 1480 |
orientation, gender identity, or military status, national origin, | 1481 |
disability, age, or ancestry of any applicant for employment or | 1482 |
membership; | 1483 |
(3) Use any form of application for employment, or personnel | 1484 |
or membership blank, seeking to elicit information regarding race, | 1485 |
color, religion, sexgender, age, ancestry, national origin, | 1486 |
disability, sexual orientation, gender identity, or military | 1487 |
status, national origin, disability, age, or ancestry; but an | 1488 |
employer holding a contract containing a nondiscrimination clause | 1489 |
with the government of the United States, or any department or | 1490 |
agency of that government, may require an employee or applicant | 1491 |
for employment to furnish documentary proof of United States | 1492 |
citizenship and may retain that proof in the employer's personnel | 1493 |
records and may use photographic or fingerprint identification for | 1494 |
security purposes; | 1495 |
(4) Print or publish or cause to be printed or published any | 1496 |
notice or advertisement relating to employment or membership | 1497 |
indicating any preference, limitation, specification, or | 1498 |
discrimination, based upon race, color, religion, sexgender, | 1499 |
age, ancestry, national origin, disability, sexual orientation, | 1500 |
gender identity, or military status, national origin, disability, | 1501 |
age, or ancestry; | 1502 |
(5) Announce or follow a policy of denying or limiting, | 1503 |
through a quota system or otherwise, employment or membership | 1504 |
opportunities of any group because of the race, color, religion, | 1505 |
sexgender, age, ancestry, national origin, disability, sexual | 1506 |
orientation, gender identity, or military status, national origin, | 1507 |
disability, age, or ancestry of that group; | 1508 |
(6) Utilize in the recruitment or hiring of persons any | 1509 |
employment agency, personnel placement service, training school or | 1510 |
center, labor organization, or any other employee-referring source | 1511 |
known to discriminate against persons because of their race, | 1512 |
color, religion, sexgender, age, ancestry, national origin, | 1513 |
disability, sexual orientation, gender identity, or military | 1514 |
status, national origin, disability, age, or ancestry. | 1515 |
(F) For any person seeking employment to publish or cause to | 1516 |
be published any advertisement that specifies or in any manner | 1517 |
indicates that person's race, color, religion, sexgender, age, | 1518 |
ancestry, national origin, disability, sexual orientation, gender | 1519 |
identity, or military status, national origin, disability, age, or | 1520 |
ancestry, or expresses a limitation or preference as to the race, | 1521 |
color, religion, sexgender,
age, ancestry, national origin, | 1522 |
disability, sexual orientation, gender identity, or military | 1523 |
status, national origin, disability, age, or ancestry of any | 1524 |
prospective employer. | 1525 |
(G) For any proprietor or any employee, keeper, or manager of | 1526 |
a place of public accommodation to deny to any person, except for | 1527 |
reasons applicable alike to all persons regardless of race, color, | 1528 |
religion, sexgender, age, ancestry, national origin, disability, | 1529 |
sexual orientation, gender identity, or military status, national | 1530 |
origin, disability, age, or ancestry, the full enjoyment of the | 1531 |
accommodations, advantages, facilities, or privileges of the place | 1532 |
of public accommodation. | 1533 |
(1) Refuse to sell, transfer, assign, rent, lease, sublease, | 1535 |
or finance housing accommodations, refuse to negotiate for the | 1536 |
sale or rental of housing accommodations, or otherwise deny or | 1537 |
make unavailable housing accommodations because of race, color, | 1538 |
religion, sexgender, ancestry, national origin, familial status, | 1539 |
disability, sexual orientation, gender identity, or military | 1540 |
status, familial status, ancestry, disability, or national origin; | 1541 |
(2) Represent to any person that housing accommodations are | 1542 |
not available for inspection, sale, or rental, when in fact they | 1543 |
are available, because of race, color, religion, sexgender, | 1544 |
ancestry, national origin, familial status, disability, sexual | 1545 |
orientation, gender identity, or military status, familial status, | 1546 |
ancestry, disability, or national origin; | 1547 |
(3) Discriminate against any person in the making or | 1548 |
purchasing of loans or the provision of other financial assistance | 1549 |
for the acquisition, construction, rehabilitation, repair, or | 1550 |
maintenance of housing accommodations, or any person in the making | 1551 |
or purchasing of loans or the provision of other financial | 1552 |
assistance that is secured by residential real estate, because of | 1553 |
race, color, religion, sexgender, ancestry, national origin, | 1554 |
familial status, disability, sexual orientation, gender identity, | 1555 |
or military status, familial status, ancestry, disability, or | 1556 |
national origin or because of the racial composition of the | 1557 |
neighborhood in which the housing accommodations are located, | 1558 |
provided that the person, whether an individual, corporation, or | 1559 |
association of any type, lends money as one of the principal | 1560 |
aspects or incident to the person's principal business and not | 1561 |
only as a part of the purchase price of an owner-occupied | 1562 |
residence the person is selling nor merely casually or | 1563 |
occasionally to a relative or friend; | 1564 |
(4) Discriminate against any person in the terms or | 1565 |
conditions of selling, transferring, assigning, renting, leasing, | 1566 |
or subleasing any housing accommodations or in furnishing | 1567 |
facilities, services, or privileges in connection with the | 1568 |
ownership, occupancy, or use of any housing accommodations, | 1569 |
including the sale of fire, extended coverage, or homeowners | 1570 |
insurance, because of race, color, religion, sexgender, ancestry, | 1571 |
national origin, familial status, disability, sexual orientation, | 1572 |
gender identity, or military status, familial status, ancestry, | 1573 |
disability, or national origin or because of the racial | 1574 |
composition of the neighborhood in which the housing | 1575 |
accommodations are located; | 1576 |
(5) Discriminate against any person in the terms or | 1577 |
conditions of any loan of money, whether or not secured by | 1578 |
mortgage or otherwise, for the acquisition, construction, | 1579 |
rehabilitation, repair, or maintenance of housing accommodations | 1580 |
because of race, color, religion, sexgender, ancestry, national | 1581 |
origin, familial status, disability, sexual orientation, gender | 1582 |
identity, or military status, familial status, ancestry, | 1583 |
disability, or national origin or because of the racial | 1584 |
composition of the neighborhood in which the housing | 1585 |
accommodations are located; | 1586 |
(7) Print, publish, or circulate any statement or | 1590 |
advertisement, or make or cause to be made any statement or | 1591 |
advertisement, relating to the sale, transfer, assignment, rental, | 1592 |
lease, sublease, or acquisition of any housing accommodations, or | 1593 |
relating to the loan of money, whether or not secured by mortgage | 1594 |
or otherwise, for the acquisition, construction, rehabilitation, | 1595 |
repair, or maintenance of housing accommodations, that indicates | 1596 |
any preference, limitation, specification, or discrimination based | 1597 |
upon race, color, religion, sexgender, ancestry, national origin, | 1598 |
familial status, disability, sexual orientation, gender identity, | 1599 |
or military status, familial status, ancestry, disability, or | 1600 |
national origin, or an intention to make any such preference, | 1601 |
limitation, specification, or discrimination; | 1602 |
(8) Except as otherwise provided in division (H)(8) or (17) | 1603 |
of this section, make any inquiry, elicit any information, make or | 1604 |
keep any record, or use any form of application containing | 1605 |
questions or entries concerning race, color, religion, sexgender, | 1606 |
ancestry, national origin, familial status, disability, sexual | 1607 |
orientation, gender identity, or military status, familial status, | 1608 |
ancestry, disability, or national origin in connection with the | 1609 |
sale or lease of any housing accommodations or the loan of any | 1610 |
money, whether or not secured by mortgage or otherwise, for the | 1611 |
acquisition, construction, rehabilitation, repair, or maintenance | 1612 |
of housing accommodations. Any person may make inquiries, and make | 1613 |
and keep records, concerning race, color, religion, sexgender, | 1614 |
ancestry, national origin, familial status, disability, sexual | 1615 |
orientation, gender identity, or military status, familial status, | 1616 |
ancestry, disability, or national origin for the purpose of | 1617 |
monitoring compliance with this chapter. | 1618 |
(10) Induce or solicit, or attempt to induce or solicit, a | 1622 |
housing accommodations listing, sale, or transaction by | 1623 |
representing that a change has occurred or may occur with respect | 1624 |
to the racial, religious, sexualgender, familial status, sexual | 1625 |
orientation, gender identity, military status, familial status, or | 1626 |
ethnic composition of the block, neighborhood, or other area in | 1627 |
which the housing accommodations are located, or induce or | 1628 |
solicit, or attempt to induce or solicit, a housing accommodations | 1629 |
listing, sale, or transaction by representing that the presence or | 1630 |
anticipated presence of persons of any race, color, religion, sex | 1631 |
gender, ancestry, national origin, familial status, disability, | 1632 |
sexual orientation, gender identity, or military status, familial | 1633 |
status, ancestry, disability, or national origin, in the block, | 1634 |
neighborhood, or other area will or may have results including, | 1635 |
but not limited to, the following: | 1636 |
(11) Deny any person access to or membership or participation | 1646 |
in any multiple-listing service, real estate brokers' | 1647 |
organization, or other service, organization, or facility relating | 1648 |
to the business of selling or renting housing accommodations, or | 1649 |
discriminate against any person in the terms or conditions of that | 1650 |
access, membership, or participation, on account of race, color, | 1651 |
religion, sexgender, ancestry, national origin, familial status, | 1652 |
disability, sexual orientation, gender identity, or military | 1653 |
status, familial status, national origin, disability, or ancestry; | 1654 |
(13) Discourage or attempt to discourage the purchase by a | 1660 |
prospective purchaser of housing accommodations, by representing | 1661 |
that any block, neighborhood, or other area has undergone or might | 1662 |
undergo a change with respect to its racial, religious, racial, | 1663 |
sexualgender,
familial status, sexual orientation, gender | 1664 |
identity, military status,
familial status, or ethnic | 1665 |
composition; | 1666 |
(14) Refuse to sell, transfer, assign, rent, lease, sublease, | 1667 |
or finance, or otherwise deny or withhold, a burial lot from any | 1668 |
person because of the race, color, sexgender, age, ancestry, | 1669 |
national origin, familial status, disability, sexual orientation, | 1670 |
gender identity, or military status, familial status, age, | 1671 |
ancestry, disability, or national origin of any prospective owner | 1672 |
or user of the lot; | 1673 |
(17) Except as otherwise provided in division (H)(17) of this | 1694 |
section, make an inquiry to determine whether an applicant for the | 1695 |
sale or rental of housing accommodations, a person residing in or | 1696 |
intending to reside in the housing accommodations after they are | 1697 |
sold, rented, or made available, or any individual associated with | 1698 |
that person has a disability, or make an inquiry to determine the | 1699 |
nature or severity of a disability of the applicant or such a | 1700 |
person or individual. The following inquiries may be made of all | 1701 |
applicants for the sale or rental of housing accommodations, | 1702 |
regardless of whether they have disabilities: | 1703 |
(18)(a) Refuse to permit, at the expense of a person with a | 1720 |
disability, reasonable modifications of existing housing | 1721 |
accommodations that are occupied or to be occupied by the person | 1722 |
with a disability, if the modifications may be necessary to afford | 1723 |
the person with a disability full enjoyment of the housing | 1724 |
accommodations. This division does not preclude a landlord of | 1725 |
housing accommodations that are rented or to be rented to a | 1726 |
disabled tenant from conditioning permission for a proposed | 1727 |
modification upon the disabled tenant's doing one or more of the | 1728 |
following: | 1729 |
(iii) Paying into an interest-bearing escrow account that is | 1741 |
in the landlord's name, over a reasonable period of time, a | 1742 |
reasonable amount of money not to exceed the projected costs at | 1743 |
the end of the tenancy of the restoration of the interior of the | 1744 |
housing accommodations to the condition they were in prior to the | 1745 |
proposed modification, but subject to reasonable wear and tear | 1746 |
during the period of occupancy, if the landlord finds the account | 1747 |
reasonably necessary to ensure the availability of funds for the | 1748 |
restoration work. The interest earned in connection with an escrow | 1749 |
account described in this division shall accrue to the benefit of | 1750 |
the disabled tenant who makes payments into the account. | 1751 |
(21) Discriminate against any person in the selling, | 1762 |
brokering, or appraising of real property because of race, color, | 1763 |
religion, sexgender, ancestry, national origin, familial status, | 1764 |
disability, sexual orientation, gender identity, or military | 1765 |
status, familial status, ancestry, disability, or national origin; | 1766 |
(iii) All premises within covered multifamily dwelling units | 1781 |
shall contain an accessible route into and through the dwelling; | 1782 |
all light switches, electrical outlets, thermostats, and other | 1783 |
environmental controls within such units shall be in accessible | 1784 |
locations; the bathroom walls within such units shall contain | 1785 |
reinforcements to allow later installation of grab bars; and the | 1786 |
kitchens and bathrooms within such units shall be designed and | 1787 |
constructed in a manner that enables an individual in a wheelchair | 1788 |
to maneuver about such rooms. | 1789 |
(K)(1) Nothing in division (H) of this section shall bar any | 1806 |
religious or denominational institution or organization, or any | 1807 |
nonprofit charitable or educational organization that is operated, | 1808 |
supervised, or controlled by or in connection with a religious | 1809 |
organization, from limiting the sale, rental, or occupancy of | 1810 |
housing accommodations that it owns or operates for other than a | 1811 |
commercial purpose to persons of the same religion, or from giving | 1812 |
preference in the sale, rental, or occupancy of such housing | 1813 |
accommodations to persons of the same religion, unless membership | 1814 |
in the religion is restricted on account of race, color, or | 1815 |
national origin. | 1816 |
(3) Nothing in division (H) of this section limits the | 1822 |
applicability of any reasonable local, state, or federal | 1823 |
restrictions regarding the maximum number of occupants permitted | 1824 |
to occupy housing accommodations. Nothing in that division | 1825 |
prohibits the owners or managers of housing accommodations from | 1826 |
implementing reasonable occupancy standards based on the number | 1827 |
and size of sleeping areas or bedrooms and the overall size of a | 1828 |
dwelling unit, provided that the standards are not implemented to | 1829 |
circumvent the purposes of this chapter and are formulated, | 1830 |
implemented, and interpreted in a manner consistent with this | 1831 |
chapter and any applicable local, state, or federal restrictions | 1832 |
regarding the maximum number of occupants permitted to occupy | 1833 |
housing accommodations. | 1834 |
(L) Nothing in divisions (A) to (E) of this section shall be | 1854 |
construed to require a person with a disability to be employed or | 1855 |
trained under circumstances that would significantly increase the | 1856 |
occupational hazards affecting either the person with a | 1857 |
disability, other employees, the general public, or the facilities | 1858 |
in which the work is to be performed, or to require the employment | 1859 |
or training of a person with a disability in a job that requires | 1860 |
the person with a disability routinely to undertake any task, the | 1861 |
performance of which is substantially and inherently impaired by | 1862 |
the person's disability. | 1863 |
(M) Nothing in divisions (H)(1) to (18) of this section shall | 1864 |
be construed to require any person selling or renting property to | 1865 |
modify the property in any way or to exercise a higher degree of | 1866 |
care for a person with a disability, to relieve any person with a | 1867 |
disability of any obligation generally imposed on all persons | 1868 |
regardless of disability in a written lease, rental agreement, or | 1869 |
contract of purchase or sale, or to forbid distinctions based on | 1870 |
the inability to fulfill the terms and conditions, including | 1871 |
financial obligations, of the lease, agreement, or contract. | 1872 |
(2) Observe the terms of a bona fide seniority system or any | 1894 |
bona fide employee benefit plan, including, but not limited to, a | 1895 |
retirement, pension, or insurance plan, that is not a subterfuge | 1896 |
to evade the purposes of this section. However, no such employee | 1897 |
benefit plan shall excuse the failure to hire any individual, and | 1898 |
no such seniority system or employee benefit plan shall require or | 1899 |
permit the involuntary retirement of any individual, because of | 1900 |
the individual's age except as provided for in the "Age | 1901 |
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 1902 |
29 U.S.C.A. 623, as amended by the "Age Discrimination in | 1903 |
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 1904 |
623, as amended. | 1905 |
(3) Retire an employee who has attained sixty-five years of | 1906 |
age who, for the two-year period immediately before retirement, is | 1907 |
employed in a bona fide executive or a high policymaking position, | 1908 |
if the employee is entitled to an immediate nonforfeitable annual | 1909 |
retirement benefit from a pension, profit-sharing, savings, or | 1910 |
deferred compensation plan, or any combination of those plans, of | 1911 |
the employer of the employee, which equals, in the aggregate, at | 1912 |
least forty-four thousand dollars, in accordance with the | 1913 |
conditions of the "Age Discrimination in Employment Act Amendment | 1914 |
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 1915 |
Discrimination in Employment Act Amendments of 1986," 100 Stat. | 1916 |
3342, 29 U.S.C.A. 631, as amended; | 1917 |
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 1953 |
section, for purposes of divisions (A) to (E) of this section, a | 1954 |
disability does not include any physiological disorder or | 1955 |
condition, mental or psychological disorder, or disease or | 1956 |
condition caused by an illegal use of any controlled substance by | 1957 |
an employee, applicant, or other person, if an employer, | 1958 |
employment agency, personnel placement service, labor | 1959 |
organization, or joint labor-management committee acts on the | 1960 |
basis of that illegal use. | 1961 |
(e) Holding an employee who engages in the illegal use of any | 1995 |
controlled substance or who is an alcoholic to the same | 1996 |
qualification standards for employment or job performance, and the | 1997 |
same behavior, to which the employer, employment agency, personnel | 1998 |
placement service, labor organization, or joint labor-management | 1999 |
committee holds other employees, even if any unsatisfactory | 2000 |
performance or behavior is related to an employee's illegal use of | 2001 |
a controlled substance or alcoholism; | 2002 |
(4) Division (Q) of this section does not encourage, | 2010 |
prohibit, or authorize, and shall not be construed as encouraging, | 2011 |
prohibiting, or authorizing, the conduct of testing for the | 2012 |
illegal use of any controlled substance by employees, applicants, | 2013 |
or other persons, or the making of employment decisions based on | 2014 |
the results of that type of testing. | 2015 |
(R)(1) Nothing in this section shall prohibit any religious | 2016 |
association, corporation, or society that is not organized for | 2017 |
private profit, or any institution organized for educational | 2018 |
purposes that is operated, supervised, or controlled by such a | 2019 |
religious association, corporation, or society, from limiting | 2020 |
admission to or giving preference to persons of the same religion | 2021 |
or denomination. | 2022 |
(S) Nothing in this section shall be construed to establish | 2033 |
an unlawful discriminatory practice based on actual or perceived | 2034 |
gender identity due to the denial of access to shared shower or | 2035 |
dressing facilities in which being seen unclothed is unavoidable, | 2036 |
provided that the employer provides reasonable access to adequate | 2037 |
facilities that are not inconsistent with an employee's gender | 2038 |
identity as established with the employer at the time of initial | 2039 |
employment or upon notification to the employer that the employee | 2040 |
has undergone or is undergoing gender transition, whichever is | 2041 |
later. | 2042 |
(U) Nothing in this section prohibits an employer from | 2045 |
implementing, enforcing, or modifying a dress code or grooming | 2046 |
standards not prohibited by other provisions of federal, state, or | 2047 |
local law and requiring an employee, during the employee's hours | 2048 |
at work, to adhere to the dress code or grooming standards, | 2049 |
provided that the employer permits any employee who has undergone | 2050 |
gender transition before being initially employed, and any | 2051 |
employee who has notified the employer that the employee has | 2052 |
undergone or is undergoing gender transition after being initially | 2053 |
employed, to adhere to the same dress code or grooming standards | 2054 |
applicable to the gender to which the employee has transitioned or | 2055 |
is transitioning. | 2056 |
(2) "Creditor" means any person who regularly extends, | 2088 |
renews, or continues credit, any person who regularly arranges for | 2089 |
the extension, renewal, or continuation of credit, or any assignee | 2090 |
of an original creditor who participates in the decision to | 2091 |
extend, renew, or continue credit, whether or not any interest or | 2092 |
finance charge is required. | 2093 |
(a) Discriminate against any applicant for credit in the | 2101 |
granting, withholding, extending, or renewing of credit, or in the | 2102 |
fixing of the rates, terms, or conditions of any form of credit, | 2103 |
on the basis of race, color, religion, gender, age, sexancestry, | 2104 |
national origin, marital status, disability, sexual orientation, | 2105 |
gender identity, or military status, marital status, national | 2106 |
origin, disability, or ancestry, except that this division shall | 2107 |
not apply with respect to age in any real estate transaction | 2108 |
between a financial institution, a dealer in intangibles, or an | 2109 |
insurance company as defined in section 5725.01 of the Revised | 2110 |
Code and its customers; | 2111 |
(b) Use or make any inquiry as to race, color, religion, | 2112 |
gender, age,
sexancestry, national origin, marital status, | 2113 |
disability, sexual orientation, gender identity, or military | 2114 |
status, marital status, national origin, disability, or ancestry | 2115 |
for the purpose of limiting or specifying those persons to whom | 2116 |
credit will be granted, except that an inquiry of marital status | 2117 |
does not constitute discrimination for the purposes of this | 2118 |
section if the inquiry is made for the purpose of ascertaining the | 2119 |
creditor's rights and remedies applicable to the particular | 2120 |
extension of credit, and except that creditors are excepted from | 2121 |
this division with respect to any inquiry, elicitation of | 2122 |
information, record, or form of application required of a | 2123 |
particular creditor by any instrumentality or agency of the United | 2124 |
States, or required of a particular creditor by any agency or | 2125 |
instrumentality to enforce the "Civil Rights Act of 1968," 82 | 2126 |
Stat. 84, 85, 42 U.S.C.A. 3608(c); | 2127 |
(c) Refuse to consider the sources of income of an applicant | 2128 |
for credit, or disregard or ignore the income of an applicant, in | 2129 |
whole or in part, on the basis of race, color, religion, gender, | 2130 |
age, sexancestry, national origin, marital status, disability, | 2131 |
sexual orientation, gender identity, or military status, marital | 2132 |
status, disability, national origin, or ancestry; | 2133 |
(e) Impose any special requirements or conditions, including, | 2138 |
but not limited to, a requirement for co-obligors or | 2139 |
reapplication, upon any applicant or class of applicants on the | 2140 |
basis of race, color, religion, gender, age, sexancestry, | 2141 |
national origin, marital status, disability, sexual orientation, | 2142 |
gender identity, or military status, marital status, national | 2143 |
origin, disability, or ancestry in circumstances where similar | 2144 |
requirements or conditions are not imposed on other applicants | 2145 |
similarly situated, unless the special requirements or conditions | 2146 |
that are imposed with respect to age are the result of a real | 2147 |
estate transaction exempted under division (B)(1)(a) of this | 2148 |
section or are the result of programs that grant preferences to | 2149 |
certain age groups administered by instrumentalities or agencies | 2150 |
of the United States, a state, or a political subdivision of a | 2151 |
state; | 2152 |
(f) Fail or refuse to provide an applicant for credit a | 2153 |
written statement of the specific reasons for rejection of the | 2154 |
application if requested in writing by the applicant within sixty | 2155 |
days of the rejection. The creditor shall provide the written | 2156 |
statement of the specific reason for rejection within thirty days | 2157 |
after receipt of a request of that nature. For purposes of this | 2158 |
section, a statement that the applicant was rejected solely on the | 2159 |
basis of information received from a credit reporting agency or | 2160 |
because the applicant failed to meet the standards required by the | 2161 |
creditor's credit scoring system, uniformly applied, shall | 2162 |
constitute a specific reason for rejection. | 2163 |
(g) Fail or refuse to print on or firmly attach to each | 2164 |
application for credit, in a type size no smaller than that used | 2165 |
throughout most of the application form, the following notice: | 2166 |
"The Ohio laws against discrimination require that all creditors | 2167 |
make credit equally available to all credit worthy customers, and | 2168 |
that credit reporting agencies maintain separate credit histories | 2169 |
on each individual upon request. The Ohio civil rights commission | 2170 |
administers compliance with this law." This notice is not required | 2171 |
to be included in applications that have a multi-state | 2172 |
distribution if the notice is mailed to the applicant with the | 2173 |
notice of acceptance or rejection of the application. | 2174 |
(h) Fail or refuse on the basis of race, color, religion, | 2175 |
gender, age, sexancestry, national origin, marital status, | 2176 |
disability, sexual orientation, gender identity, or military | 2177 |
status, marital status, national origin, disability, or ancestry | 2178 |
to maintain, upon the request of the individual, a separate | 2179 |
account for each individual to whom credit is extended; | 2180 |
(i) Fail or refuse on the basis of race, color, religion, | 2181 |
gender, age, sexancestry, national origin, marital status, | 2182 |
disability, sexual orientation, gender identity, or military | 2183 |
status, marital status, national origin, disability, or ancestry | 2184 |
to maintain records on any account established after November 1, | 2185 |
1976, to furnish information on the accounts to credit reporting | 2186 |
agencies in a manner that clearly designates the contractual | 2187 |
liability for repayment as indicated on the application for the | 2188 |
account, and, if more than one individual is contractually liable | 2189 |
for repayment, to maintain records and furnish information in the | 2190 |
name of each individual. This division does not apply to | 2191 |
individuals who are contractually liable only if the primary party | 2192 |
defaults on the account. | 2193 |
(a) Fail or refuse on the basis of race, color, religion, | 2196 |
gender, age, sexancestry, national origin, marital status, | 2197 |
disability, sexual orientation, gender identity, or military | 2198 |
status, marital status, national origin, disability, or ancestry | 2199 |
to maintain, upon the request of the individual, a separate file | 2200 |
on each individual about whom information is assembled or | 2201 |
evaluated; | 2202 |
(b) Fail or refuse on the basis of race, color, religion, | 2203 |
gender, age, sexancestry, national origin, marital status, | 2204 |
disability, sexual orientation, gender identity, or military | 2205 |
status, marital status, national origin, disability, or ancestry | 2206 |
to clearly note, maintain, and report any information furnished it | 2207 |
under division (B)(1)(i) of this section. | 2208 |
(D) The rights granted by this section may be enforced by | 2212 |
aggrieved individuals by filing a civil action in a court of | 2213 |
common pleas within one hundred eighty days after the alleged | 2214 |
unlawful discriminatory practice occurred. Upon application by the | 2215 |
plaintiff and in circumstances that the court considers just, the | 2216 |
court in which a civil action under this section is brought may | 2217 |
appoint an attorney for the plaintiff and may authorize the | 2218 |
commencement of a civil action upon proper showing without the | 2219 |
payment of costs. If the court finds that an unlawful | 2220 |
discriminatory practice prohibited by this section occurred or is | 2221 |
about to occur, the court may grant relief that it considers | 2222 |
appropriate, including a permanent or temporary injunction, | 2223 |
temporary restraining order, or other order, and may award to the | 2224 |
plaintiff compensatory and punitive damages of not less than one | 2225 |
hundred dollars, together with attorney's fees and court costs. | 2226 |
(7) Make periodic surveys of the existence and effect of | 2252 |
discrimination because of race, color, religion, sexgender,
age, | 2253 |
ancestry, national origin, familial status, disability, sexual | 2254 |
orientation, gender identity, or military status, familial status, | 2255 |
national origin, disability, age, or ancestry on the enjoyment of | 2256 |
civil rights by persons within the state; | 2257 |
(8) Report, from time to time, but not less than once a year, | 2258 |
to the general assembly and the governor, describing in detail the | 2259 |
investigations, proceedings, and hearings it has conducted and | 2260 |
their outcome, the decisions it has rendered, and the other work | 2261 |
performed by it, which report shall include a copy of any surveys | 2262 |
prepared pursuant to division (A)(7) of this section and shall | 2263 |
include the recommendations of the commission as to legislative or | 2264 |
other remedial action; | 2265 |
(9) Prepare a comprehensive educational program, in | 2266 |
cooperation with the department of education, for the students of | 2267 |
the primary and secondary public schools of this state and for all | 2268 |
other residents of this state that is designed to eliminate | 2269 |
prejudice on the basis of race, color, religion, sex, military | 2270 |
status, familial status, national origin, disability, age, or | 2271 |
ancestry in this state, to further good will among those groups, | 2272 |
and to emphasize the origin of prejudice
against those groupsand | 2273 |
discrimination, itstheir harmful effects, and itstheir | 2274 |
incompatibility with American principles of equality and fair | 2275 |
play; | 2276 |
(10) Receive progress reports from agencies, | 2277 |
instrumentalities, institutions, boards, commissions, and other | 2278 |
entities of this state or any of its political subdivisions and | 2279 |
their agencies, instrumentalities, institutions, boards, | 2280 |
commissions, and other entities regarding affirmative action | 2281 |
programs for the employment of persons against whom discrimination | 2282 |
is prohibited by this chapter, or regarding any affirmative | 2283 |
housing accommodations programs developed to eliminate or reduce | 2284 |
an imbalance of race, color, religion, sexgender, ancestry, | 2285 |
national origin, familial status, disability, sexual orientation, | 2286 |
gender identity, or military status, familial status, national | 2287 |
origin, disability, or ancestry. All agencies, instrumentalities, | 2288 |
institutions, boards, commissions, and other entities of this | 2289 |
state or its political subdivisions, and all political | 2290 |
subdivisions, that have undertaken affirmative action programs | 2291 |
pursuant to a conciliation agreement with the commission, an | 2292 |
executive order of the governor, any federal statute or rule, or | 2293 |
an executive order of the president of the United States shall | 2294 |
file progress reports with the commission annually on or before | 2295 |
the first day of November. The commission shall analyze and | 2296 |
evaluate the progress reports and report its findings annually to | 2297 |
the general assembly on or before the thirtieth day of January of | 2298 |
the year immediately following the receipt of the reports. | 2299 |
(a) In conducting a hearing or investigation, the commission | 2311 |
shall have access at all reasonable times to premises, records, | 2312 |
documents, individuals, and other evidence or possible sources of | 2313 |
evidence and may examine, record, and copy the premises, records, | 2314 |
documents, and other evidence or possible sources of evidence and | 2315 |
take and record the testimony or statements of the individuals as | 2316 |
reasonably necessary for the furtherance of the hearing or | 2317 |
investigation. In investigations, the commission shall comply with | 2318 |
the fourth amendment to the United States Constitution relating to | 2319 |
unreasonable searches and seizures. The commission or a member of | 2320 |
the commission may issue subpoenas to compel access to or the | 2321 |
production of premises, records, documents, and other evidence or | 2322 |
possible sources of evidence or the appearance of individuals, and | 2323 |
may issue interrogatories to a respondent, to the same extent and | 2324 |
subject to the same limitations as would apply if the subpoenas or | 2325 |
interrogatories were issued or served in aid of a civil action in | 2326 |
a court of common pleas. | 2327 |
(d) Within five days after service of a subpoena upon any | 2338 |
person, the person may petition the commission to revoke or modify | 2339 |
the subpoena. The commission shall grant the petition if it finds | 2340 |
that the subpoena requires an appearance or attendance at an | 2341 |
unreasonable time or place, that it requires production of | 2342 |
evidence that does not relate to any matter before the commission, | 2343 |
that it does not describe with sufficient particularity the | 2344 |
evidence to be produced, that compliance would be unduly onerous, | 2345 |
or for other good reason. | 2346 |
(a) Study the problems of discrimination in all or specific | 2356 |
fields of human relationships when based on race, color, religion, | 2357 |
sexgender, age, ancestry, national origin, familial status, | 2358 |
disability, sexual orientation, gender identity, or military | 2359 |
status, familial status, national origin, disability, age, or | 2360 |
ancestry; | 2361 |
(5) Issue any publications and the results of investigations | 2370 |
and research that in its judgment will tend to promote good will | 2371 |
and minimize or eliminate discrimination because of race, color, | 2372 |
religion, sexgender, age, ancestry, national origin, familial | 2373 |
status, disability, sexual orientation, gender identity, or | 2374 |
military status, familial status, national origin, disability, | 2375 |
age, or ancestry. | 2376 |
Sec. 4112.05. (A) The commission, as provided in this | 2377 |
section, shall prevent any person from engaging in unlawful | 2378 |
discriminatory practices, provided that, before instituting the | 2379 |
formal hearing authorized by division (B) of this section, it | 2380 |
shall attempt, by informal methods of conference, conciliation, | 2381 |
mediation, and persuasion, to induce compliance with this chapter. | 2382 |
(B)(1) Any person may file a charge with the commission | 2383 |
alleging that another person has engaged or is engaging in an | 2384 |
unlawful discriminatory practice. In the case of a charge alleging | 2385 |
an unlawful discriminatory practice described in division (A), | 2386 |
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in | 2387 |
section 4112.021 or 4112.022 of the Revised Code, the charge shall | 2388 |
be in writing and under oath and shall be filed with the | 2389 |
commission within six months after the alleged unlawful | 2390 |
discriminatory practice was committed. In the case of a charge | 2391 |
alleging an unlawful discriminatory practice described in division | 2392 |
(H) of section 4112.02 of the Revised Code, the charge shall be in | 2393 |
writing and under oath and shall be filed with the commission | 2394 |
within one year after the alleged unlawful discriminatory practice | 2395 |
was committed. | 2396 |
(2) Upon receiving a charge, the commission may initiate a | 2397 |
preliminary investigation to determine whether it is probable that | 2398 |
an unlawful discriminatory practice has been or is being engaged | 2399 |
in. The commission also may conduct, upon its own initiative and | 2400 |
independent of the filing of any charges, a preliminary | 2401 |
investigation relating to any of the unlawful discriminatory | 2402 |
practices described in division (A), (B), (C), (D), (E), (F), (I), | 2403 |
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of | 2404 |
the Revised Code. Prior to a notification of a complainant under | 2405 |
division (B)(4) of this section or prior to the commencement of | 2406 |
informal methods of conference, conciliation, and persuasion under | 2407 |
that division, the members of the commission and the officers and | 2408 |
employees of the commission shall not make public in any manner | 2409 |
and shall retain as confidential all information that was obtained | 2410 |
as a result of or that otherwise pertains to a preliminary | 2411 |
investigation other than one described in division (B)(3) of this | 2412 |
section. | 2413 |
(iii) Initiate a complaint and refer it to the attorney | 2429 |
general with a recommendation to seek a temporary or permanent | 2430 |
injunction or a temporary restraining order. If this action is | 2431 |
taken, the attorney general shall apply, as expeditiously as | 2432 |
possible after receipt of the complaint, to the court of common | 2433 |
pleas of the county in which the unlawful discriminatory practice | 2434 |
allegedly occurred for the appropriate injunction or order, and | 2435 |
the court shall hear and determine the application as | 2436 |
expeditiously as possible. | 2437 |
(c) Prior to the issuance of a complaint under division | 2443 |
(B)(3)(a)(ii) or (iii) of this section or prior to a notification | 2444 |
of the complainant and the respondent under division (B)(3)(a)(i) | 2445 |
of this section, the members of the commission and the officers | 2446 |
and employees of the commission shall not make public in any | 2447 |
manner and shall retain as confidential all information that was | 2448 |
obtained as a result of or that otherwise pertains to a | 2449 |
preliminary investigation of a charge filed pursuant to division | 2450 |
(B)(1) of this section that alleges an unlawful discriminatory | 2451 |
practice described in division (H) of section 4112.05 of the | 2452 |
Revised Code. | 2453 |
(d) Notwithstanding the types of action described in | 2454 |
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the | 2455 |
issuance of a complaint or the referral of a complaint to the | 2456 |
attorney general and prior to endeavoring to eliminate an unlawful | 2457 |
discriminatory practice described in division (H) of section | 2458 |
4112.02 of the Revised Code by informal methods of conference, | 2459 |
conciliation, and persuasion, the commission may seek a temporary | 2460 |
or permanent injunction or a temporary restraining order in the | 2461 |
court of common pleas of the county in which the unlawful | 2462 |
discriminatory practice allegedly occurred. | 2463 |
(4) If the commission determines after a preliminary | 2464 |
investigation other than one described in division (B)(3) of this | 2465 |
section that it is not probable that an unlawful discriminatory | 2466 |
practice has been or is being engaged in, it shall notify any | 2467 |
complainant under division (B)(1) of this section that it has so | 2468 |
determined and that it will not issue a complaint in the matter. | 2469 |
If the commission determines after a preliminary investigation | 2470 |
other than the one described in division (B)(3) of this section | 2471 |
that it is probable that an unlawful discriminatory practice has | 2472 |
been or is being engaged in, it shall endeavor to eliminate the | 2473 |
practice by informal methods of conference, conciliation, and | 2474 |
persuasion. | 2475 |
(5) Nothing said or done during informal methods of | 2476 |
conference, conciliation, and persuasion under this section shall | 2477 |
be disclosed by any member of the commission or its staff or be | 2478 |
used as evidence in any subsequent hearing or other proceeding. | 2479 |
If, after a preliminary investigation and the use of informal | 2480 |
methods of conference, conciliation, and persuasion under this | 2481 |
section, the commission is satisfied that any unlawful | 2482 |
discriminatory practice will be eliminated, it may treat the | 2483 |
charge involved as being conciliated and enter that disposition on | 2484 |
the records of the commission. If the commission fails to effect | 2485 |
the elimination of an unlawful discriminatory practice by informal | 2486 |
methods of conference, conciliation, and persuasion under this | 2487 |
section and to obtain voluntary compliance with this chapter, the | 2488 |
commission shall issue and cause to be served upon any person, | 2489 |
including the respondent against whom a complainant has filed a | 2490 |
charge pursuant to division (B)(1) of this section, a complaint | 2491 |
stating the charges involved and containing a notice of an | 2492 |
opportunity for a hearing before the commission, a member of the | 2493 |
commission, or a hearing examiner at a place that is stated in the | 2494 |
notice and that is located within the county in which the alleged | 2495 |
unlawful discriminatory practice has occurred or is occurring or | 2496 |
in which the respondent resides or transacts business. The hearing | 2497 |
shall be held not less than thirty days after the service of the | 2498 |
complaint upon the complainant, the aggrieved persons other than | 2499 |
the complainant on whose behalf the complaint is issued, and the | 2500 |
respondent, unless the complainant, an aggrieved person, or the | 2501 |
respondent elects to proceed under division (A)(2) of section | 2502 |
4112.051 of the Revised Code when that division is applicable. If | 2503 |
a complaint pertains to an alleged unlawful discriminatory | 2504 |
practice described in division (H) of section 4112.02 of the | 2505 |
Revised Code, the complaint shall notify the complainant, an | 2506 |
aggrieved person, and the respondent of the right of the | 2507 |
complainant, an aggrieved person, or the respondent to elect to | 2508 |
proceed with the administrative hearing process under this section | 2509 |
or to proceed under division (A)(2) of section 4112.051 of the | 2510 |
Revised Code. | 2511 |
(C) Any complaint issued pursuant to division (B) of this | 2520 |
section may be amended by the commission, a member of the | 2521 |
commission, or the hearing examiner conducting a hearing under | 2522 |
division (B) of this section, at any time prior to or during the | 2523 |
hearing. The respondent has the right to file an answer or an | 2524 |
amended answer to the original and amended complaints and to | 2525 |
appear at the hearing in person, by attorney, or otherwise to | 2526 |
examine and cross-examine witnesses. | 2527 |
(D) The complainant shall be a party to a hearing under | 2528 |
division (B) of this section, and any person who is an | 2529 |
indispensable party to a complete determination or settlement of a | 2530 |
question involved in the hearing shall be joined. Any aggrieved | 2531 |
person who has or claims an interest in the subject of the hearing | 2532 |
and in obtaining or preventing relief against the unlawful | 2533 |
discriminatory practices complained of shall be permitted to | 2534 |
appear only for the presentation of oral or written arguments, to | 2535 |
present evidence, perform direct and cross-examination, and be | 2536 |
represented by counsel. The commission shall adopt rules, in | 2537 |
accordance with Chapter 119. of the Revised Code governing the | 2538 |
authority granted under this division. | 2539 |
(E) In any hearing under division (B) of this section, the | 2540 |
commission, a member of the commission, or the hearing examiner | 2541 |
shall not be bound by the Rules of Evidence but, in ascertaining | 2542 |
the practices followed by the respondent, shall take into account | 2543 |
all reliable, probative, and substantial statistical or other | 2544 |
evidence produced at the hearing that may tend to prove the | 2545 |
existence of a predetermined pattern of employment or membership, | 2546 |
provided that nothing contained in this section shall be construed | 2547 |
to authorize or require any person to observe the proportion that | 2548 |
persons of any race, color, religion, sexgender, age, ancestry, | 2549 |
national origin, familial status, disability, sexual orientation, | 2550 |
gender identity, or military status, familial status, national | 2551 |
origin, disability, age, or ancestry bear to the total population | 2552 |
or in accordance with any criterion other than the individual | 2553 |
qualifications of the applicant. | 2554 |
(G)(1) If, upon all reliable, probative, and substantial | 2561 |
evidence presented at a hearing under division (B) of this | 2562 |
section, the commission determines that the respondent has engaged | 2563 |
in, or is engaging in, any unlawful discriminatory practice, | 2564 |
whether against the complainant or others, the commission shall | 2565 |
state its findings of fact and conclusions of law and shall issue | 2566 |
and, subject to the provisions of Chapter 119. of the Revised | 2567 |
Code, cause to be served on the respondent an order requiring the | 2568 |
respondent to cease and desist from the unlawful discriminatory | 2569 |
practice, requiring the respondent to take any further affirmative | 2570 |
or other action that will effectuate the purposes of this chapter, | 2571 |
including, but not limited to, hiring, reinstatement, or upgrading | 2572 |
of employees with or without back pay, or admission or restoration | 2573 |
to union membership, and requiring the respondent to report to the | 2574 |
commission the manner of compliance. If the commission directs | 2575 |
payment of back pay, it shall make allowance for interim earnings. | 2576 |
If it finds a violation of division (H) of section 4112.02 of the | 2577 |
Revised Code, the commission additionally shall require the | 2578 |
respondent to pay actual damages and reasonable attorney's fees, | 2579 |
and may award to the complainant punitive damages as follows: | 2580 |
(H) If the commission finds that no probable cause exists for | 2603 |
crediting charges of unlawful discriminatory practices or if, upon | 2604 |
all the evidence presented at a hearing under division (B) of this | 2605 |
section on a charge, the commission finds that a respondent has | 2606 |
not engaged in any unlawful discriminatory practice against the | 2607 |
complainant or others, it shall state its findings of fact and | 2608 |
shall issue and cause to be served on the complainant an order | 2609 |
dismissing the complaint as to the respondent. A copy of the order | 2610 |
shall be delivered in all cases to the attorney general and any | 2611 |
other public officers whom the commission considers proper. | 2612 |
(I) Until the time period for appeal set forth in division | 2613 |
(H) of section 4112.06 of the Revised Code expires, the | 2614 |
commission, subject to the provisions of Chapter 119. of the | 2615 |
Revised Code, at any time, upon reasonable notice, and in the | 2616 |
manner it considers proper, may modify or set aside, in whole or | 2617 |
in part, any finding or order made by it under this section. | 2618 |
Sec. 4112.08. This chapter shall be construed liberally for | 2619 |
the accomplishment of its purposes, and any law inconsistent with | 2620 |
any provision of this chapter shall not apply. Nothing contained | 2621 |
in this chapter shall be considered to repeal any of the | 2622 |
provisions of any law of this state relating to discrimination | 2623 |
because of race, color, religion, sexgender, age, ancestry, | 2624 |
national origin, familial status, disability, sexual orientation, | 2625 |
gender identity, or military status, familial status, disability, | 2626 |
national origin, age, or ancestry, except that any person filing a | 2627 |
charge under division (B)(1) of section 4112.05 of the Revised | 2628 |
Code, with respect to the unlawful discriminatory practices | 2629 |
complained of, is barred from instituting a civil action under | 2630 |
section 4112.14 or division (N) of section 4112.02 of the Revised | 2631 |
Code.
This chapter does not limit actions, procedures, and | 2632 |
remedies afforded under federal law. | 2633 |
Sec. 4117.19. (A) Every employee organization that is | 2634 |
certified or recognized as a representative of public employees | 2635 |
under this chapter shall file with the state employment relations | 2636 |
board a registration report that is signed by its president or | 2637 |
other appropriate officer. The report shall be in a form | 2638 |
prescribed by the board and accompanied by two copies of the | 2639 |
employee organization's constitution and bylaws. The board shall | 2640 |
accept a filing by a statewide, national, or international | 2641 |
employee organization of its constitution and bylaws in lieu of a | 2642 |
filing of the documents by each subordinate organization. The | 2643 |
exclusive representative or other employee organization originally | 2644 |
filing its constitution and bylaws shall report, promptly, to the | 2645 |
board all changes or amendments to its constitution and bylaws. | 2646 |
(5) A pledge, in a form prescribed by the board, that the | 2659 |
organization will comply with the laws of the state and that it | 2660 |
will accept members without regard to age, race, color, sex | 2661 |
religion, creed, gender, age, ancestry,creed,religion, ancestry, | 2662 |
or national origin,; disability, sexual orientation, gender | 2663 |
identity, or military status as those terms are defined in section | 2664 |
4112.01 of the Revised Code, military status as defined in that | 2665 |
section,; or physical disability as provided by law:; | 2666 |
(E) The board may withhold certification of an employee | 2696 |
organization that willfully refuses to register or file an annual | 2697 |
report or that willfully refuses to comply with other provisions | 2698 |
of this section. The board may revoke a certification of an | 2699 |
employee organization for willfully failing to comply with this | 2700 |
section. The board may enforce the prohibitions contained in this | 2701 |
section by petitioning the court of common pleas of the county in | 2702 |
which the violation occurs for an injunction. Persons complaining | 2703 |
of a violation of this section shall file the complaint with the | 2704 |
board. | 2705 |
(G) Any employee organization subject to the | 2711 |
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. | 2712 |
519, 29 U.S.C.A., 401, as amended, may file copies with the board | 2713 |
of all reports it is required to file under that act in lieu of | 2714 |
compliance with all parts of this section other than division (A) | 2715 |
of this section. The board shall accept a filing by a statewide, | 2716 |
national, or international employee organization of its reports in | 2717 |
lieu of a filing of such reports by each subordinate organization. | 2718 |
(2) Any licensed real estate broker or sales person | 2732 |
salesperson who advertises to sell, exchange, or lease real | 2733 |
estate, or to engage in any act regulated by this chapter, with | 2734 |
respect to property that the licensee owns, shall be identified in | 2735 |
the advertisement by name and indicate that the property is agent | 2736 |
owned, and if the property is listed with a real estate brokerage, | 2737 |
the advertisement shall also indicate the name of the brokerage | 2738 |
with which the property is listed. | 2739 |
(C)(1) Every citation served under this section shall give | 2766 |
notice to the licensee of the alleged violation or violations | 2767 |
charged and inform the licensee of the opportunity to request a | 2768 |
hearing in accordance with Chapter 119. of the Revised Code. The | 2769 |
citation also shall contain a statement of a fine of two hundred | 2770 |
dollars per violation, not to exceed two thousand five hundred | 2771 |
dollars per citation. All fines collected pursuant to this section | 2772 |
shall be credited to the real estate recovery fund, created in the | 2773 |
state treasury under section 4735.12 of the Revised Code. | 2774 |
(D) A real estate broker or salesperson obtaining the | 2791 |
signature of a party to a listing or other agreement involved in a | 2792 |
real estate transaction shall furnish a copy of the listing or | 2793 |
other agreement to the party immediately after obtaining the | 2794 |
party's signature. Every broker's office shall prominently display | 2795 |
in the same immediate area as licenses are displayed a statement | 2796 |
that it is illegal to discriminate against any person because of | 2797 |
race, color, religion, sexgender, ancestry, or national origin; | 2798 |
or familial status as defined in section 4112.01 of the Revised | 2799 |
Code, national origin, disability, sexual orientation, gender | 2800 |
identity, or military status as defined in that section, | 2801 |
disability as defined in that section,or ancestryas those terms | 2802 |
are defined in section 4112.01 of the Revised Code, in the sale or | 2803 |
rental of housing or residential lots, in advertising the sale or | 2804 |
rental of housing, in the financing of housing, or in the | 2805 |
provision of real estate brokerage services and that blockbusting | 2806 |
also is illegal. The statement shall bear the United States | 2807 |
department of housing and urban development equal housing logo, | 2808 |
shall contain the information that the broker and the broker's | 2809 |
salespersons are licensed by the division of real estate and | 2810 |
professional licensing and that the division can assist with any | 2811 |
consumer complaints or inquiries, and shall explain the provisions | 2812 |
of section 4735.12 of the Revised Code. The statement shall | 2813 |
provide the division's address and telephone number. The Ohio real | 2814 |
estate commission shall provide by rule for the wording and size | 2815 |
of the statement. The pamphlet required under section 4735.03 of | 2816 |
the Revised Code shall contain the same statement that is required | 2817 |
on the statement displayed as provided in this section and shall | 2818 |
be made available by real estate brokers and salespersons to their | 2819 |
clients. The commission shall provide the wording and size of the | 2820 |
pamphlet. | 2821 |
(2) A statement that it is illegal, pursuant to the Ohio fair | 2825 |
housing law, division (H) of section 4112.02 of the Revised Code, | 2826 |
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to | 2827 |
refuse to sell, transfer, assign, rent, lease, sublease, or | 2828 |
finance housing accommodations, refuse to negotiate for the sale | 2829 |
or rental of housing accommodations, or otherwise deny or make | 2830 |
unavailable housing accommodations because of race, color, | 2831 |
religion, sexgender, ancestry, or national origin; or familial | 2832 |
status as defined in section 4112.01 of the Revised Code, | 2833 |
ancestry, disability, sexual orientation, gender identity, or | 2834 |
military status as defined in that section, disability as defined | 2835 |
in that section, or national originas those terms are defined in | 2836 |
section 4112.01 of the Revised Code, or to so discriminate in | 2837 |
advertising the sale or rental of housing, in the financing of | 2838 |
housing, or in the provision of real estate brokerage services; | 2839 |
Sec. 4757.07. The counselor, social worker, and marriage and | 2850 |
family therapist board and its professional standards committees | 2851 |
shall not discriminate against any licensee, registrant, or | 2852 |
applicant for a license or certificate of registration under this | 2853 |
chapter because of the person's race, color, religion, sexgender, | 2854 |
age, or national origin,; or disability, sexual orientation, or | 2855 |
gender identity, as those terms are defined in section 4112.01 of | 2856 |
the Revised Code, or age. The board or committee, as appropriate, | 2857 |
shall afford a hearing to any person who files with the board or | 2858 |
committee a statement alleging discrimination based on any of | 2859 |
those reasons. | 2860 |
Sec. 4758.16. The chemical dependency professionals board | 2861 |
shall not discriminate against any licensee, certificate holder, | 2862 |
or applicant for a license or certificate under this chapter | 2863 |
because of the individual's race, color, religion, gender,
age, or | 2864 |
national origin,; or disability, sexual orientation, or gender | 2865 |
identity, as those terms are defined in section 4112.01 of the | 2866 |
Revised Code, or age. The board shall afford a hearing to any | 2867 |
individual who files with the board a statement alleging | 2868 |
discrimination based on any of those reasons. | 2869 |
Sec. 5104.09. (A)(1) Except as provided in rules adopted | 2904 |
pursuant to division (D) of this section, no individual who has | 2905 |
been convicted of or pleaded guilty to a violation described in | 2906 |
division (A)(5) of section 109.572 of the Revised Code, a | 2907 |
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, | 2908 |
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 | 2909 |
of the Revised Code or a violation of an existing or former law or | 2910 |
ordinance of any municipal corporation, this state, any other | 2911 |
state, or the United States that is substantially equivalent to | 2912 |
any of those violations, or two violations of section 4511.19 of | 2913 |
the Revised Code during operation of the center or home shall be | 2914 |
certified as an in-home aide or be employed in any capacity in or | 2915 |
own or operate a child day-care center, type A family day-care | 2916 |
home, type B family day-care home, or certified type B family | 2917 |
day-care home. | 2918 |
(2) Each employee of a child day-care center and type A home | 2919 |
and every person eighteen years of age or older residing in a type | 2920 |
A home shall sign a statement on forms prescribed by the director | 2921 |
of job and family services attesting to the fact that the employee | 2922 |
or resident person has not been convicted of or pleaded guilty to | 2923 |
any offense set forth in division (A)(1) of this section and that | 2924 |
no child has been removed from the employee's or resident person's | 2925 |
home pursuant to section 2151.353 of the Revised Code. Each | 2926 |
licensee of a type A home shall sign a statement on a form | 2927 |
prescribed by the director attesting to the fact that no person | 2928 |
who resides at the type A home and who is under the age of | 2929 |
eighteen has been adjudicated a delinquent child for committing a | 2930 |
violation of any section listed in division (A)(1) of this | 2931 |
section. The statements shall be kept on file at the center or | 2932 |
type A home. | 2933 |
(3) Each in-home aide and every person eighteen years of age | 2934 |
or older residing in a certified type B home shall sign a | 2935 |
statement on forms prescribed by the director of job and family | 2936 |
services attesting that the aide or resident person has not been | 2937 |
convicted of or pleaded guilty to any offense set forth in | 2938 |
division (A)(1) of this section and that no child has been removed | 2939 |
from the aide's or resident person's home pursuant to section | 2940 |
2151.353 of the Revised Code. Each authorized provider shall sign | 2941 |
a statement on forms prescribed by the director attesting that the | 2942 |
provider has not been convicted of or pleaded guilty to any | 2943 |
offense set forth in division (A)(1) of this section and that no | 2944 |
child has been removed from the provider's home pursuant to | 2945 |
section 2151.353 of the Revised Code. Each authorized provider | 2946 |
shall sign a statement on a form prescribed by the director | 2947 |
attesting to the fact that no person who resides at the certified | 2948 |
type B home and who is under the age of eighteen has been | 2949 |
adjudicated a delinquent child for committing a violation of any | 2950 |
section listed in division (A)(1) of this section. The statements | 2951 |
shall be kept on file at the county department of job and family | 2952 |
services. | 2953 |
(B) No in-home aide, no administrator, licensee, authorized | 2962 |
provider, or employee of a center, type A home, or certified type | 2963 |
B home, and no person eighteen years of age or older residing in a | 2964 |
type A home or certified type B home shall withhold information | 2965 |
from, or falsify information on, any statement required pursuant | 2966 |
to division (A)(2), (3), or (4) of this section. | 2967 |
(B) Except as provided in division (C) of this section, each | 2986 |
member of an assistance group participating in Ohio works first is | 2987 |
ineligible to participate in the program for six payment months if | 2988 |
a county department of job and family services determines that a | 2989 |
member of the assistance group terminated the member's employment | 2990 |
and each person who, on the day prior to the day a recipient | 2991 |
begins to receive transitional child care or transitional | 2992 |
medicaid, was a member of the recipient's assistance group is | 2993 |
ineligible to participate in Ohio works first for six payment | 2994 |
months if a county department determines that the recipient | 2995 |
terminated the recipient's employment. | 2996 |
(b) The work is at a site subject to a strike or lockout, | 3016 |
unless the strike has been enjoined under section 208 of the | 3017 |
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 3018 |
178, as amended, an injunction has been issued under section 10 of | 3019 |
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 3020 |
amended, or an injunction has been issued under section 4117.16 of | 3021 |
the Revised Code; | 3022 |
(1) Prohibit the provider from failing or refusing to retain | 3037 |
as a patient any person because the person is, becomes, or may, as | 3038 |
a patient in the facility, become a medicaid recipient. For the | 3039 |
purposes of this division, a medicaid recipient who is a patient | 3040 |
in a facility shall be considered a patient in the facility during | 3041 |
any hospital stays totaling less than twenty-five days during any | 3042 |
twelve-month period. Recipients who have been identified by the | 3043 |
department of job and family services or its designee as requiring | 3044 |
the level of care of an intermediate care facility for the | 3045 |
mentally retarded shall not be subject to a maximum period of | 3046 |
absences during which they are considered patients if prior | 3047 |
authorization of the department for visits with relatives and | 3048 |
friends and participation in therapeutic programs is obtained | 3049 |
under rules adopted under section 5111.02 of the Revised Code. | 3050 |
Sec. 5119.623. The director of mental health may withhold | 3112 |
funds otherwise to be allocated to a board of alcohol, drug | 3113 |
addiction, and mental health services under section 5119.62 of the | 3114 |
Revised Code if the board denies available service on the basis of | 3115 |
religion, race, color, religion, creed, sexgender, age, national | 3116 |
origin,
age,or developmental disability; or disability, sexual | 3117 |
orientation, or gender identity, as those terms are defined in | 3118 |
section 4112.01 of the Revised Code, or developmental disability. | 3119 |
(E) Withhold state funds from an agency, corporation, or | 3139 |
association denying or rendering service on the basis of race, | 3140 |
color, sex, religion, gender, ancestry, or national origin,; | 3141 |
disability, sexual orientation, or gender identity, as those terms | 3142 |
are defined in section 4112.01 of the Revised Code,; or inability | 3143 |
to pay; | 3144 |
Sec. 5126.07. No county board of developmental disabilities | 3148 |
or any agency, corporation, or association under contract with a | 3149 |
county board of developmental disabilities shall discriminate in | 3150 |
the provision of services under its authority or contract on the | 3151 |
basis of race, color, sex, creed, gender, national origin, or | 3152 |
disability, national origin,; sexual orientation or gender | 3153 |
identity as those terms are defined in section 4112.01 of the | 3154 |
Revised Code; or the inability to pay. | 3155 |
Each county board of developmental disabilities shall provide | 3156 |
a plan of affirmative action describing its goals and methods for | 3157 |
the provision of equal employment opportunities for all persons | 3158 |
under its authority and shall ensure nondiscrimination in | 3159 |
employment under its authority or contract on the basis of race, | 3160 |
color, sex, creed, gender, national origin, or disability, or | 3161 |
national origin; or sexual orientation or gender identity as those | 3162 |
terms are defined in section 4112.01 of the Revised Code. | 3163 |
Sec. 5515.08. (A) The department of transportation may | 3164 |
contract to sell commercial advertising space within or on the | 3165 |
outside surfaces of any building located within a roadside rest | 3166 |
area under its jurisdiction in exchange for cash payment. Money | 3167 |
the department receives under this section shall be deposited in | 3168 |
the state treasury to the credit of the roadside rest area | 3169 |
improvement fund, which is hereby created. The department shall | 3170 |
use the money in the fund only to improve roadside rest areas in | 3171 |
accordance with section 5529.06 of the Revised Code. | 3172 |
(E) The director, in accordance with Chapter 119. of the | 3205 |
Revised Code, shall adopt rules to implement this section. The | 3206 |
rules shall be consistent with the policy of protecting the safety | 3207 |
of the traveling public and consistent with the national policy | 3208 |
governing the use and control of such roadside rest areas. The | 3209 |
rules shall regulate the awarding of contracts and may regulate | 3210 |
the content, display, and other aspects of the commercial | 3211 |
advertising authorized by this section. | 3212 |
Sec. 5709.832. The legislative authority of a county, | 3213 |
township, or municipal corporation that grants an exemption from | 3214 |
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40, | 3215 |
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the | 3216 |
Revised Code shall develop policies to ensure that the recipient | 3217 |
of the exemption practices nondiscriminatory hiring in its | 3218 |
operations. As used in this section, "nondiscriminatory hiring" | 3219 |
means that no individual may be denied employment solely on the | 3220 |
basis of race, color, religion,
sexgender, ancestry, national | 3221 |
origin, or disability, color, national origin, or ancestry; or | 3222 |
sexual orientation or gender identity as those terms are defined | 3223 |
in section 4112.01 of the Revised Code. | 3224 |
Section 2. That existing sections 9.03, 124.93, 125.111, | 3225 |
153.59, 153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18, | 3226 |
2927.03, 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, | 3227 |
3332.09, 3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, | 3228 |
4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, | 3229 |
4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, | 3230 |
5126.07, 5515.08, and 5709.832 of the Revised Code are hereby | 3231 |
repealed. | 3232 |
Sec. 5104.09. (A)(1) Except as provided in rules adopted | 3236 |
pursuant to division (D) of this section, no individual who has | 3237 |
been convicted of or pleaded guilty to a violation described in | 3238 |
division (A)(5) of section 109.572 of the Revised Code, a | 3239 |
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, | 3240 |
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 | 3241 |
of the Revised Code or a violation of an existing or former law or | 3242 |
ordinance of any municipal corporation, this state, any other | 3243 |
state, or the United States that is substantially equivalent to | 3244 |
any of those violations, or two violations of section 4511.19 of | 3245 |
the Revised Code during operation of the center or home shall be | 3246 |
certified as an in-home aide or be employed in any capacity in or | 3247 |
own or operate a child day-care center, type A family day-care | 3248 |
home, type B family day-care home, or licensed type B family | 3249 |
day-care home. | 3250 |
(2) Each employee of a child day-care center and type A home | 3251 |
and every person eighteen years of age or older residing in a type | 3252 |
A home or licensed type B home shall sign a statement on forms | 3253 |
prescribed by the director of job and family services attesting to | 3254 |
the fact that the employee or resident person has not been | 3255 |
convicted of or pleaded guilty to any offense set forth in | 3256 |
division (A)(1) of this section and that no child has been removed | 3257 |
from the employee's or resident person's home pursuant to section | 3258 |
2151.353 of the Revised Code. Each licensee of a type A family | 3259 |
day-care home or type B family day-care home shall sign a | 3260 |
statement on a form prescribed by the director attesting to the | 3261 |
fact that no person who resides at the type A home or licensed | 3262 |
type B home and who is under the age of eighteen has been | 3263 |
adjudicated a delinquent child for committing a violation of any | 3264 |
section listed in division (A)(1) of this section. The statements | 3265 |
shall be kept on file at the center, type A home, or licensed type | 3266 |
B home. | 3267 |
(4) Each administrator and licensee of a center, type A home, | 3275 |
or licensed type B home shall sign a statement on a form | 3276 |
prescribed by the director of job and family services attesting | 3277 |
that the administrator or licensee has not been convicted of or | 3278 |
pleaded guilty to any offense set forth in division (A)(1) of this | 3279 |
section and that no child has been removed from the | 3280 |
administrator's or licensee's home pursuant to section 2151.353 of | 3281 |
the Revised Code. The statement shall be kept on file at the | 3282 |
center, type A home, or licensed type B home. | 3283 |
(B) No in-home aide, no administrator, licensee, or employee | 3284 |
of a center, type A home, or licensed type B home, and no person | 3285 |
eighteen years of age or older residing in a type A home or | 3286 |
licensed type B home shall withhold information from, or falsify | 3287 |
information on, any statement required pursuant to division | 3288 |
(A)(2), (3), or (4) of this section. | 3289 |