Bill Text: OH HB176 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To prohibit discrimination on the basis of sexual orientation or gender identity.

Spectrum: Strong Partisan Bill (Democrat 35-3)

Status: (Engrossed - Dead) 2009-09-17 - To Rules [HB176 Detail]

Download: Ohio-2009-HB176-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 176

Representatives Stewart, McGregor 

Cosponsors: Representatives Skindell, Celeste, Letson, Garland, Blair, Foley, Yuko, Heard, Williams, S., Harris, Harwood, Carney, Chandler, Boyd, Hagan, Ujvagi, Koziura, Winburn, Luckie, Williams, B., Mallory, Sykes, Yates, Brown, Driehaus, Gerberry, Lundy, Bolon, Dyer, Garrison, Murray, Otterman, Pillich, Slesnick, Szollosi, Weddington 

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A BILL

To amend sections 9.03, 124.93, 125.111, 340.12,

1

511.03, 717.01, 1501.012, 1751.18, 2927.03,

2

3113.36, 3301.53, 3304.14, 3304.50, 3313.481,

3

3314.06, 3332.09, 3721.13, 3905.55, 4111.17,

4

4112.01, 4112.02, 4112.021, 4112.04, 4112.05,

5

4112.08, 4117.19, 4735.16, 4735.55, 4757.07,

6

4758.16, 4765.18, 5104.09, 5107.26, 5111.31,

7

5119.61, 5123.351, 5126.07, 5515.08, and

8

5709.832 of the Revised Code to prohibit

9

discrimination on the basis of sexual

10

orientation or gender identity.

11

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

Section 1.  That sections 9.03, 124.93, 125.111, 340.12,	12
511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3301.53,	13
3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3905.55,	14
4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08,	15
4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 5104.09,	16
5107.26, 5111.31, 5119.61, 5123.351, 5126.07, 5515.08, and	17
5709.832 of the Revised Code be amended to read as follows:	18

Sec. 9.03.  (A) As used in this section, "political	19
subdivision" means any body corporate and politic, except a	20
municipal corporation that has adopted a charter under Section 7	21
of Article XVIII, Ohio Constitution, and except a county that has	22
adopted a charter under Sections 3 and 4 of Article X, Ohio	23
Constitution, to which both of the following apply:	24

(1) It is responsible for governmental activities only in a	25
geographic area smaller than the state.	26

(2) It is subject to the sovereign immunity of the state.

27

(B) Except as otherwise provided in division (C) of this	28
section, the governing body of a political subdivision may use	29
public funds to publish and distribute newsletters, or to use any	30
other means, to communicate information about the plans, policies,	31
and operations of the political subdivision to members of the	32
public within the political subdivision and to other persons who	33
may be affected by the political subdivision.	34

(C) Except as otherwise provided in division (A)(7) of	35
section 340.03 or division (A)(12) of section 340.033 of the	36
Revised Code, no governing body of a political subdivision shall	37
use public funds to do any of the following:	38

(1) Publish, distribute, or otherwise communicate information	39
that does any of the following:	40

(a) Contains defamatory, libelous, or obscene matter;

41

(b) Promotes alcoholic beverages, cigarettes or other tobacco	42
products, or any illegal product, service, or activity;	43

(c) Promotes illegal discrimination on the basis of sexual	44
orientation or gender identity as those terms are defined in	45
section 4112.01 of the Revised Code, race, color, religion,	46
national origin, handicap, age, or ancestry;	47

(d) Supports or opposes any labor organization or any action	48
by, on behalf of, or against any labor organization;	49

(e) Supports or opposes the nomination or election of a	50
candidate for public office, the investigation, prosecution, or	51
recall of a public official, or the passage of a levy or bond	52
issue.	53

(2) Compensate any employee of the political subdivision for	54
time spent on any activity to influence the outcome of an election	55
for any of the purposes described in division (C)(1)(e) of this	56
section. Division (C)(2) of this section does not prohibit the use	57
of public funds to compensate an employee of a political	58
subdivision for attending a public meeting to present information	59
about the political subdivision's finances, activities, and	60
governmental actions in a manner that is not designed to influence	61
the outcome of an election or the passage of a levy or bond issue,	62
even though the election, levy, or bond issue is discussed or	63
debated at the meeting.	64

(D) Nothing in this section prohibits or restricts any	65
political subdivision from sponsoring, participating in, or doing	66
any of the following:	67

(1) Charitable or public service advertising that is not	68
commercial in nature;	69

(2) Advertising of exhibitions, performances, programs,	70
products, or services that are provided by employees of a	71
political subdivision or are provided at or through premises owned	72
or operated by a political subdivision;	73

(3) Licensing an interest in a name or mark that is owned or	74
controlled by the political subdivision.	75

(E) As used in this section, "cigarettes" and "tobacco	76
product" have the same meanings as in section 5743.01 of the	77
Revised Code.	78

Sec. 124.93.  (A) As used in this section, "physician" means	79
any person who holds a valid certificate to practice medicine and	80
surgery or osteopathic medicine and surgery issued under Chapter	81
4731. of the Revised Code.	82

(B) No health insuring corporation that, on or after July 1,	83
1993, enters into or renews a contract with the department of	84
administrative services under section 124.82 of the Revised Code,	85
because of a physician's race, color, religion, sex, or national	86
origin,; disability, sexual orientation, gender identity, or	87
military status as those terms are defined in section 4112.01	88
of the Revised Code,; age,; or ancestry, shall refuse to	89
contract with that physician for the provision of health care	90
services under section 124.82 of the Revised Code.	91

Any health insuring corporation that violates this division	92
is deemed to have engaged in an unlawful discriminatory practice	93
as defined in section 4112.02 of the Revised Code and is subject	94
to Chapter 4112. of the Revised Code.	95

(C) Each health insuring corporation that, on or after July	96
1, 1993, enters into or renews a contract with the department of	97
administrative services under section 124.82 of the Revised Code	98
and that refuses to contract with a physician for the provision of	99
health care services under that section shall provide that	100
physician with a written notice that clearly explains the reason	101
or reasons for the refusal. The notice shall be sent to the	102
physician by regular mail within thirty days after the refusal.	103

Any health insuring corporation that fails to provide notice	104
in compliance with this division is deemed to have engaged in an	105
unfair and deceptive act or practice in the business of insurance	106
as defined in section 3901.21 of the Revised Code and is subject	107
to sections 3901.19 to 3901.26 of the Revised Code.	108

Sec. 125.111.  (A) Every contract for or on behalf of the	109
state or any of its political subdivisions for any purchase shall	110
contain provisions similar to those required by section 153.59 of	111
the Revised Code in the case of construction contracts by which	112
the contractor agrees to both of the following:	113

(1) That, in the hiring of employees for the performance of	114
work under the contract or any subcontract, no contractor or	115
subcontractor, by reason of race, color, religion, sex, or age,;	116
disability, sexual orientation, gender identity, or military	117
status, as those terms are defined in section 4112.01 of the	118
Revised Code,; national origin,; or ancestry, shall discriminate	119
against any citizen of this state in the employment of a person	120
qualified and available to perform the work to which the	121
contract relates;	122

(2) That no contractor, subcontractor, or person acting on	123
behalf of any contractor or subcontractor, in any manner, shall	124
discriminate against, intimidate, or retaliate against any	125
employee hired for the performance of work under the contract on	126
account of race, color, religion, sex, or age,; disability, sexual	127
orientation, gender identity, or military status, as those terms	128
are defined in section 4112.01 of the Revised Code,; national	129
origin,; or ancestry.	130

(B) All contractors from whom the state or any of its	131
political subdivisions make purchases shall have a written	132
affirmative action program for the employment and effective	133
utilization of economically disadvantaged persons, as referred to	134
in division (E)(1) of section 122.71 of the Revised Code.	135
Annually, each such contractor shall file a description of the	136
affirmative action program and a progress report on its	137
implementation with the equal employment opportunity office of the	138
department of administrative services.	139

Sec. 340.12.  No board of alcohol, drug addiction, and mental	140
health services or any agency, corporation, or association under	141
contract with such a board shall discriminate in the provision of	142
services under its authority, in employment, or contract on the	143
basis of sexual orientation or gender identity as those terms are	144
defined in section 4112.01 of the Revised Code, race, color,	145
sex, creed, disability, or national origin.	146

Each board, each community mental health agency, and each	147
alcohol and drug addiction program shall have a written	148
affirmative action program. The affirmative action program shall	149
include goals for the employment and effective utilization of,	150
including contracts with, members of economically disadvantaged	151
groups as defined in division (E)(1) of section 122.71 of the	152
Revised Code in percentages reflecting as nearly as possible the	153
composition of the alcohol, drug addiction, and mental health	154
service district served by the board. Each board, agency, and	155
program shall file a description of the affirmative action program	156
and a progress report on its implementation with the department of	157
mental health or the department of alcohol and drug addiction	158
services.	159

Sec. 511.03.  After an affirmative vote in an election held	160
under sections 511.01 and 511.02 of the Revised Code, the board of	161
township trustees may make all contracts necessary for the	162
purchase of a site, and the erection, improvement, or enlargement	163
of such building. The board shall have control of any town hall	164
belonging to the township, and it may rent or lease all or part of	165
any hall, lodge, or recreational facility belonging to the	166
township, to any person or organization under terms the board	167
considers proper, for which all rent shall be paid in advance or	168
fully secured. In establishing the terms of any rental agreement	169
or lease pursuant to this section, the board of township trustees	170
may give preference to persons who are residents of or	171
organizations that are headquartered in the township or that are	172
charitable or fraternal in nature. All persons or organizations	173
shall be treated on a like or similar basis, and no	174
differentiation shall be made on the basis of sexual orientation	175
or gender identity as those terms are defined in section 4112.01	176
of the Revised Code, race, color, religion, national origin, sex,	177
or political affiliation. The rents received for such facilities	178
may be used for their repair or improvement, and any balance	179
shall be used for general township purposes.	180

Sec. 717.01.  Each municipal corporation may do any of the	181
following:	182

(A) Acquire by purchase or condemnation real estate with or	183
without buildings on it, and easements or interests in real	184
estate;	185

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	186
improve a building or improvement that it is authorized to acquire	187
or construct;	188

(C) Erect a crematory or provide other means for disposing of	189
garbage or refuse, and erect public comfort stations;	190

(D) Purchase turnpike roads and make them free;

191

(E) Construct wharves and landings on navigable waters;

192

(F) Construct infirmaries, workhouses, prisons, police	193
stations, houses of refuge and correction, market houses, public	194
halls, public offices, municipal garages, repair shops, storage	195
houses, and warehouses;	196

(G) Construct or acquire waterworks for supplying water to	197
the municipal corporation and its inhabitants and extend the	198
waterworks system outside of the municipal corporation limits;	199

(H) Construct or purchase gas works or works for the	200
generation and transmission of electricity, for the supplying of	201
gas or electricity to the municipal corporation and its	202
inhabitants;	203

(I) Provide grounds for cemeteries or crematories, enclose	204
and embellish them, and construct vaults or crematories;	205

(J) Construct sewers, sewage disposal works, flushing	206
tunnels, drains, and ditches;	207

(K) Construct free public libraries and reading rooms, and	208
free recreation centers;	209

(L) Establish free public baths and municipal lodging houses;

210

(M) Construct monuments or memorial buildings to commemorate	211
the services of soldiers, sailors, and marines of the state and	212
nation;	213

(N) Provide land for and improve parks, boulevards, and	214
public playgrounds;	215

(O) Construct hospitals and pesthouses;

216

(P) Open, construct, widen, extend, improve, resurface, or	217
change the line of any street or public highway;	218

(Q) Construct and improve levees, dams, waterways,	219
waterfronts, and embankments and improve any watercourse passing	220
through the municipal corporation;	221

(R) Construct or improve viaducts, bridges, and culverts;

222

(S)(1) Construct any building necessary for the police or	223
fire department;	224

(2) Purchase fire engines or fire boats;

225

(3) Construct water towers or fire cisterns;

226

(4) Place underground the wires or signal apparatus of any	227
police or fire department.	228

(T) Construct any municipal ice plant for the purpose of	229
manufacturing ice for the citizens of a municipal corporation;	230

(U) Construct subways under any street or boulevard or	231
elsewhere;	232

(V) Acquire by purchase, gift, devise, bequest, lease,	233
condemnation proceedings, or otherwise, real or personal property,	234
and thereon and thereof to establish, construct, enlarge, improve,	235
equip, maintain, and operate airports, landing fields, or other	236
air navigation facilities, either within or outside the limits of	237
a municipal corporation, and acquire by purchase, gift, devise,	238
lease, or condemnation proceedings rights-of-way for connections	239
with highways, waterways, and electric, steam, and interurban	240
railroads, and improve and equip such facilities with structures	241
necessary or appropriate for such purposes. No municipal	242
corporation may take or disturb property or facilities belonging	243
to any public utility or to a common carrier engaged in interstate	244
commerce, which property or facilities are required for the proper	245
and convenient operation of the utility or carrier, unless	246
provision is made for the restoration, relocation, or duplication	247
of the property or facilities elsewhere at the sole cost of the	248
municipal corporation.	249

(W) Provide by agreement with any regional airport authority,	250
created under section 308.03 of the Revised Code, for the making	251
of necessary surveys, appraisals, and examinations preliminary to	252
the acquisition or construction of any airport or airport facility	253
and pay the portion of the expense of the surveys, appraisals, and	254
examinations as set forth in the agreement;	255

(X) Provide by agreement with any regional airport authority,	256
created under section 308.03 of the Revised Code, for the	257
acquisition, construction, maintenance, or operation of any	258
airport or airport facility owned or to be owned and operated by	259
the regional airport authority or owned or to be owned and	260
operated by the municipal corporation and pay the portion of the	261
expense of it as set forth in the agreement;	262

(Y) Acquire by gift, purchase, lease, or condemnation, land,	263
forest, and water rights necessary for conservation of forest	264
reserves, water parks, or reservoirs, either within or without the	265
limits of the municipal corporation, and improve and equip the	266
forest and water parks with structures, equipment, and	267
reforestation necessary or appropriate for any purpose for the	268
utilization of any of the forest and water benefits that may	269
properly accrue therefrom to the municipal corporation;	270

(Z) Acquire real property by purchase, gift, or devise and	271
construct and maintain on it public swimming pools, either within	272
or outside the limits of the municipal corporation;	273

(AA) Construct or rehabilitate, equip, maintain, operate, and	274
lease facilities for housing of elderly persons and for persons of	275
low and moderate income, and appurtenant facilities. No municipal	276
corporation shall deny housing accommodations to or withhold	277
housing accommodations from elderly persons or persons of low and	278
moderate income because of race, color, religion, or sex,;	279
familial status as defined in section 4112.01 of the Revised	280
Code, military status as defined in that section, disability as	281
defined in that section, or sexual orientation, or gender	282
identity, as those terms are defined in section 4112.01 of the	283
Revised Code; ancestry,; or national origin. Any elderly person	284
or person of low or moderate income who is denied housing	285
accommodations or has them withheld by a municipal corporation	286
because of race, color, religion, or sex,; familial status as	287
defined in section 4112.01 of the Revised Code, military status	288
as defined in that section, disability as defined in that	289
section, sexual orientation, or gender identity, as those terms	290
are defined in section 4112.01 of the Revised Code; ancestry,;	291
or national origin may file a charge with the Ohio civil rights	292
commission as provided in Chapter 4112. of the Revised Code.	293

(BB) Acquire, rehabilitate, and develop rail property or rail	294
service, and enter into agreements with the Ohio rail development	295
commission, boards of county commissioners, boards of township	296
trustees, legislative authorities of other municipal corporations,	297
with other governmental agencies or organizations, and with	298
private agencies or organizations in order to achieve those	299
purposes;	300

(CC) Appropriate and contribute money to a soil and water	301
conservation district for use under Chapter 1515. of the Revised	302
Code;	303

(DD) Authorize the board of county commissioners, pursuant to	304
a contract authorizing the action, to contract on the municipal	305
corporation's behalf for the administration and enforcement within	306
its jurisdiction of the state building code by another county or	307
another municipal corporation located within or outside the	308
county. The contract for administration and enforcement shall	309
provide for obtaining certification pursuant to division (E) of	310
section 3781.10 of the Revised Code for the exercise of	311
administration and enforcement authority within the municipal	312
corporation seeking those services and shall specify which	313
political subdivision is responsible for securing that	314
certification.	315

(EE) Expend money for providing and maintaining services and	316
facilities for senior citizens.	317

"Airport," "landing field," and "air navigation facility," as	318
defined in section 4561.01 of the Revised Code, apply to division	319
(V) of this section.	320

As used in divisions (W) and (X) of this section, "airport"	321
and "airport facility" have the same meanings as in section 308.01	322
of the Revised Code.	323

As used in division (BB) of this section, "rail property" and	324
"rail service" have the same meanings as in section 4981.01 of the	325
Revised Code.	326

Sec. 1501.012.  (A) The director of natural resources may	327
lease lands in state parks, as defined in section 1501.07 of the	328
Revised Code, and contract for the construction and operation of	329
public service facilities, as mentioned in that section, and for	330
major renovation or remodeling of existing public service	331
facilities by the lessees on those lands. If the director	332
determines that doing so would be consistent with long-range	333
planning of the department of natural resources and in the best	334
interests of the department and the division of parks and	335
recreation in the department, the director shall negotiate and	336
execute a lease and contract for those purposes in accordance with	337
this chapter except as otherwise provided in this section.	338

(B) With the approval of the recreation and resources council	339
created under section 1501.04 of the Revised Code, the director	340
shall draft a statement of intent describing any public service	341
facility that the department wishes to have constructed in	342
accordance with this section and establishing a procedure for the	343
submission of proposals for providing the facility, including, but	344
not limited to, a requirement that each prospective bidder or	345
lessee of land shall submit with the proposal a completed	346
questionnaire and financial statement, on forms prescribed and	347
furnished by the department, to enable the department to ascertain	348
the person's financial worth and experience in maintaining and	349
operating facilities similar or related to the public service	350
facility in question. The completed questionnaire and financial	351
statement shall be verified under oath by the prospective bidder	352
or lessee. Questionnaires and financial statements submitted under	353
this division are confidential and are not open to public	354
inspection. Nothing in this division shall be construed to prevent	355
use of or reference to questionnaires and financial statements in	356
a civil action or criminal prosecution commenced by the state.	357

The director shall publish the statement of intent in at	358
least three daily newspapers of general circulation in the state	359
at least once each week for four consecutive weeks. The director	360
then shall accept proposals in response to the statement of intent	361
for at least thirty days following the final publication of the	362
statement. At the end of the period during which proposals may be	363
submitted under this division, the director shall select the	364
proposal that the director determines best complies with the	365
statement of intent and may negotiate a lease and contract with	366
the person that submitted that proposal.	367

(C) Any lease and contract negotiated under this section	368
shall include in its terms and conditions all of the following:	369

(1) The legal description of the leasehold;

370

(2) The duration of the lease and contract, which shall not	371
exceed forty years, and a requirement that the lease and contract	372
be nonrenewable;	373

(3) A requirement that the lessee maintain in full force and	374
effect during the term of the lease and contract comprehensive	375
liability insurance for injury, death, or loss to persons or	376
property and fire casualty insurance for the public service	377
facility and all its structures in an amount established by the	378
director and naming the department as an additional insured;	379

(4) A requirement that the lessee maintain in full force and	380
effect suitable performance bonds or other adequate security	381
pertaining to the construction and operation of the public service	382
facility;	383

(5) Detailed plans and specifications controlling the	384
construction of the public service facility that shall include all	385
of the following:	386

(a) The size and capacity of the facility;

387

(b) The type and quality of construction;

388

(c) Other criteria that the department considers necessary	389
and advisable.	390

(6) The manner of rental payment;

391

(7) A stipulation that the director shall have control and	392
supervision over all of the following:	393

(a) The operating season of the public service facility;

394

(b) The facility's hours of operation;

395

(c) The maximum rates to be charged guests using the	396
facility;	397

(d) The facility's sanitary conditions;

398

(e) The quality of food and service furnished the guests of	399
the facility;	400

(f) The lessee's general and structural maintenance	401
responsibilities at the facility.	402

(8) The disposition of the leasehold and improvements at the	403
expiration of the lease and contract;	404

(9) A requirement that the public service facility be	405
available to all members of the public without regard to sex,	406
race, color, creed, ancestry, or national origin,; or disability,	407
sexual orientation, or gender identity, as those terms are	408
defined in section 4112.01 of the Revised Code;	409

(10) Other terms and conditions that the director considers	410
necessary and advisable to carry out the purposes of this section.	411

(D) The attorney general shall approve the form of the lease	412
and contract prior to its execution by the director.	413

(E) The authority granted in this section to the director is	414
in addition and supplemental to any other authority granted the	415
director under state law.	416

Sec. 1751.18.  (A)(1) No health insuring corporation shall	417
cancel or fail to renew the coverage of a subscriber or enrollee	418
because of any health status-related factor in relation to the	419
subscriber or enrollee, the subscriber's or enrollee's	420
requirements for health care services, or for any other reason	421
designated under rules adopted by the superintendent of insurance.	422

(2) Unless otherwise required by state or federal law, no	423
health insuring corporation, or health care facility or provider	424
through which the health insuring corporation has made	425
arrangements to provide health care services, shall discriminate	426
against any individual with regard to enrollment, disenrollment,	427
or the quality of health care services rendered, on the basis of	428
the individual's race, color, sex, age, religion, military status,	429
sexual orientation, or gender identity as those terms are	430
defined in section 4112.01 of the Revised Code, or status as a	431
recipient of medicare or medicaid, or any health status-related	432
factor in relation to the individual. However, a health	433
insuring corporation shall not be required to accept a	434
recipient of medicare or medical assistance, if an agreement has	435
not been reached on appropriate payment mechanisms between the	436
health insuring corporation and the governmental agency	437
administering these programs. Further, except during a period of	438
open enrollment under section 1751.15 of the Revised Code, a	439
health insuring corporation may reject an applicant for nongroup	440
enrollment on the basis of any health status-related factor in	441
relation to the applicant.	442

(B) A health insuring corporation may cancel or decide not to	443
renew the coverage of an enrollee if the enrollee has performed an	444
act or practice that constitutes fraud or intentional	445
misrepresentation of material fact under the terms of the coverage	446
and if the cancellation or nonrenewal is not based, either	447
directly or indirectly, on any health status-related factor in	448
relation to the enrollee.	449

(C) An enrollee may appeal any action or decision of a health	450
insuring corporation taken pursuant to section 2742(b) to (e) of	451
the "Health Insurance Portability and Accountability Act of 1996,"	452
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	453
amended. To appeal, the enrollee may submit a written complaint	454
to the health insuring corporation pursuant to section 1751.19 of	455
the Revised Code. The enrollee may, within thirty days after	456
receiving a written response from the health insuring corporation,	457
appeal the health insuring corporation's action or decision to the	458
superintendent.	459

(D) As used in this section, "health status-related factor"	460
means any of the following:	461

(1) Health status;

462

(2) Medical condition, including both physical and mental	463
illnesses;	464

(3) Claims experience;

465

(4) Receipt of health care;

466

(5) Medical history;

467

(6) Genetic information;

468

(7) Evidence of insurability, including conditions arising	469
out of acts of domestic violence;	470

(8) Disability.

471

Sec. 2927.03.  (A) No person, whether or not acting under	472
color of law, shall by force or threat of force willfully injure,	473
intimidate, or interfere with, or attempt to injure, intimidate,	474
or interfere with, any of the following:	475

(1) Any person because of race, color, religion, sex,	476
national origin, or ancestry; or familial status as defined in	477
section 4112.01 of the Revised Code, national origin, military	478
status as defined in that section, disability as defined in that	479
section, gender identity, or ancestrysexual orientation, as	480
those terms are defined in section 4112.01 of the Revised Code,	481
and because that person is or has been selling, purchasing,	482
renting, financing, occupying, contracting, or negotiating for	483
the sale, purchase, rental, financing, or occupation of any	484
housing accommodations, or applying for or participating in any	485
service, organization, or facility relating to the business of	486
selling or renting housing accommodations;	487

(2) Any person because that person is or has been doing, or	488
in order to intimidate that person or any other person or any	489
class of persons from doing, either of the following:	490

(a) Participating, without discrimination on account of race,	491
color, religion, sex, national origin, or ancestry; or familial	492
status as defined in section 4112.01 of the Revised Code,	493
national origin, military status as defined in that section,	494
disability as defined in that section, gender identity, or	495
ancestry,sexual orientation, as those terms are defined in	496
section 4112.01 of the Revised Code, in any of the activities,	497
services, organizations, or facilities described in division	498
(A)(1) of this section;	499

(b) Affording another person or class of persons opportunity	500
or protection so to participate.	501

(3) Any person because that person is or has been, or in	502
order to discourage that person or any other person from, lawfully	503
aiding or encouraging other persons to participate, without	504
discrimination on account of race, color, religion, sex, national	505
origin, or ancestry; or familial status as defined in section	506
4112.01 of the Revised Code, national origin, military status as	507
defined in that section, disability as defined in that section,	508
gender identity, or ancestry,sexual orientation, as those	509
terms are defined in section 4112.01 of the Revised Code, in	510
any of the activities, services, organizations, or facilities	511
described in division (A)(1) of this section, or participating	512
lawfully in speech or peaceful assembly opposing any denial of	513
the opportunity to so participate.	514

(B) Whoever violates division (A) of this section is guilty	515
of a misdemeanor of the first degree.	516

Sec. 3113.36.  (A) To qualify for funds under section 3113.35	517
of the Revised Code, a shelter for victims of domestic violence	518
shall meet all of the following requirements:	519

(1) Be incorporated in this state as a nonprofit corporation;

520

(2) Have trustees who represent the racial, ethnic, and	521
socioeconomic diversity of the community to be served, including	522
at least one person who is or has been a victim of domestic	523
violence;	524

(3) Receive at least twenty-five per cent of its funds from	525
sources other than funds distributed pursuant to section 3113.35	526
of the Revised Code. These other sources may be public or private,	527
and may include funds distributed pursuant to section 3113.37 of	528
the Revised Code, and contributions of goods or services,	529
including materials, commodities, transportation, office space, or	530
other types of facilities or personal services.	531

(4) Provide residential service or facilities for children	532
when accompanied by a parent, guardian, or custodian who is a	533
victim of domestic violence and who is receiving temporary	534
residential service at the shelter;	535

(5) Require persons employed by or volunteering services to	536
the shelter to maintain the confidentiality of any information	537
that would identify individuals served by the shelter.	538

(B) A shelter for victims of domestic violence does not	539
qualify for funds if it discriminates in its admissions or	540
provision of services on the basis of sexual orientation or gender	541
identity as those terms are defined in section 4112.01 of the	542
Revised Code, race, religion, color, age, marital status,	543
national origin, or ancestry. A shelter does not qualify for	544
funds in the second half of any year if its application projects	545
the provision of residential service and such service has not	546
been provided in the first half of that year; such a shelter does	547
not qualify for funds in the following year.	548

Sec. 3301.53.  (A) The state board of education, in	549
consultation with the director of job and family services, shall	550
formulate and prescribe by rule adopted under Chapter 119. of the	551
Revised Code minimum standards to be applied to preschool programs	552
operated by school district boards of education, county MR/DD	553
boards, or eligible nonpublic schools. The rules shall include	554
the following:	555

(1) Standards ensuring that the preschool program is located	556
in a safe and convenient facility that accommodates the enrollment	557
of the program, is of the quality to support the growth and	558
development of the children according to the program objectives,	559
and meets the requirements of section 3301.55 of the Revised Code;	560

(2) Standards ensuring that supervision, discipline, and	561
programs will be administered according to established objectives	562
and procedures;	563

(3) Standards ensuring that preschool staff members and	564
nonteaching employees are recruited, employed, assigned,	565
evaluated, and provided inservice education without discrimination	566
on the basis of sexual orientation or gender identity as those	567
terms are defined in section 4112.01 of the Revised Code, age,	568
color, national origin, race, or sex; and that preschool staff	569
members and nonteaching employees are assigned responsibilities	570
in accordance with written position descriptions commensurate	571
with their training and experience;	572

(4) A requirement that boards of education intending to	573
establish a preschool program demonstrate a need for a preschool	574
program prior to establishing the program;	575

(5) Requirements that children participating in preschool	576
programs have been immunized to the extent considered appropriate	577
by the state board to prevent the spread of communicable disease;	578

(6) Requirements that the parents of preschool children	579
complete the emergency medical authorization form specified in	580
section 3313.712 of the Revised Code.	581

(B) The state board of education in consultation with the	582
director of job and family services shall ensure that the rules	583
adopted by the state board under sections 3301.52 to 3301.58 of	584
the Revised Code are consistent with and meet or exceed the	585
requirements of Chapter 5104. of the Revised Code with regard to	586
child day-care centers. The state board and the director of job	587
and family services shall review all such rules at least once	588
every five years.	589

(C) The state board of education, in consultation with the	590
director of job and family services, shall adopt rules for school	591
child programs that are consistent with and meet or exceed the	592
requirements of the rules adopted for school child day-care	593
centers under Chapter 5104. of the Revised Code.	594

Sec. 3304.14.  The governor shall appoint an administrator	595
of the rehabilitation services commission to serve at the	596
pleasure of the governor and shall fix the administrator's	597
compensation. The administrator shall devote the administrator's	598
entire time to the duties of the administrator's office, shall	599
hold no other office or position of trust and profit, and shall	600
engage in no other business during the administrator's term of	601
office. The governor may grant the administrator the authority	602
to appoint, remove, and discipline without regard to sexual	603
orientation or gender identity as those terms are defined in	604
section 4112.01 of the Revised Code, sex, race, creed, color,	605
age, or national origin, such other professional,	606
administrative, and clerical staff members as are necessary to	607
carry out the functions and duties of the commission.	608

Sec. 3304.50.  The Ohio independent living council	609
established and appointed by the governor under the authority of	610
section 107.18 of the Revised Code and pursuant to the	611
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29	612
U.S.C.A. 796d, shall appoint an executive director to serve at the	613
pleasure of the council and shall fix histhe executive director's	614
compensation. The executive director shall not be considered a	615
public employee for purposes of Chapter 4117. of the Revised Code.	616
The council may delegate to the executive director the authority	617
to appoint, remove, and discipline, without regard to sexual	618
orientation or gender identity as those terms are defined in	619
section 4112.01 of the Revised Code, sex, race, creed, color,	620
age, or national origin, such other professional,	621
administrative, and clerical staff members as are necessary to	622
carry out the functions and duties of the council.	623

Sec. 3313.481.  (A) With the approval of the department of	624
education, a board of education of a city, exempted village,	625
local, or joint vocational school district may operate any of its	626
schools on a schedule other than that required by section 3313.48	627
of the Revised Code in order to do any of the following:	628

(1) To provide a flexible school day during which may be held	629
parent-teacher conferences and reporting periods involving time in	630
excess of that permitted to be credited toward fulfillment of the	631
minimum school year under section 3313.48 of the Revised Code;	632

(2) To establish and maintain a calendar of quarters,	633
trimesters, or pentamesters;	634

(3) To provide staggered attendance schedules if it receives	635
approval to do so from the department of education.	636

(B) A school district operating a school under this section	637
shall have such school open for instruction for each pupil	638
enrolled in that school for at least nine hundred ten hours during	639
the school year. For purposes of determining whether a school that	640
is on a staggered attendance schedule is in compliance with this	641
section in any school year, the department of education may	642
include days the school was open for instruction with pupils in	643
attendance for not more than the first seventy days of the ensuing	644
school year provided such days are not considered as days the	645
school was open for instruction during such ensuing school year.	646
The following shall be considered as time during which the schools	647
are open for instruction for a pupil enrolled in such a school, or	648
for a pupil enrolled in a school that is not on a staggered	649
attendance schedule but that operates under this section:	650

(1) Morning and afternoon recess periods of not more than	651
fifteen minutes duration per period for a pupil in grades one	652
through six;	653

(2) Ten hours during which the pupil would otherwise be in	654
attendance but when he is not required to attend school in order	655
to provide time for individualized parent-teacher conferences and	656
reporting periods;	657

(3) Ten hours during which the pupil would otherwise be in	658
attendance but is not required to attend school in order to	659
provide time for teachers to attend professional meetings;	660

(4) The number of hours pupils would otherwise be in	661
attendance but are not required to attend because school is closed	662
as a result of a public calamity as provided in section 3317.01 of	663
the Revised Code.	664

(C) No board of education shall discriminate on the basis of	665
sexual orientation or gender identity as those terms are defined	666
in section 4112.01 of the Revised Code, sex, race, religion, or	667
national origin when assigning pupils to attendance schedules	668
pursuant to this section.	669

Sec. 3314.06.  The governing authority of each community	670
school established under this chapter shall adopt admission	671
procedures that specify the following:	672

(A) That except as otherwise provided in this section,	673
admission to the school shall be open to any individual age five	674
to twenty-two entitled to attend school pursuant to section	675
3313.64 or 3313.65 of the Revised Code in a school district in the	676
state.	677

(B)(1) That admission to the school may be limited to	678
students who have attained a specific grade level or are within a	679
specific age group; to students that meet a definition of	680
"at-risk," as defined in the contract; to residents of a specific	681
geographic area within the district, as defined in the contract;	682
or to separate groups of autistic students and nondisabled	683
students, as authorized in section 3314.061 of the Revised Code	684
and as defined in the contract.	685

(2) For purposes of division (B)(1) of this section,	686
"at-risk" students may include those students identified as gifted	687
students under section 3324.03 of the Revised Code.	688

(C) Whether enrollment is limited to students who reside in	689
the district in which the school is located or is open to	690
residents of other districts, as provided in the policy adopted	691
pursuant to the contract.	692

(D)(1) That there will be no discrimination in the admission	693
of students to the school on the basis of sexual orientation or	694
gender identity as those terms are defined in section 4112.01 of	695
the Revised Code, race, creed, color, disability, or sex except	696
that:	697

(a) The governing authority may establish single-gender	698
schools for the purpose described in division (G) of this section	699
provided comparable facilities and learning opportunities are	700
offered for both boys and girls. Such comparable facilities and	701
opportunities may be offered for each sex at separate locations.	702

(b) The governing authority may establish a school that	703
simultaneously serves a group of students identified as autistic	704
and a group of students who are not disabled, as authorized in	705
section 3314.061 of the Revised Code. However, unless the total	706
capacity established for the school has been filled, no student	707
with any disability shall be denied admission on the basis of	708
that disability.	709

(2) That upon admission of any student with a disability,	710
the community school will comply with all federal and state laws	711
regarding the education of students with disabilities.	712

(E) That the school may not limit admission to students on	713
the basis of intellectual ability, measures of achievement or	714
aptitude, or athletic ability, except that a school may limit its	715
enrollment to students as described in division (B) of this	716
section.	717

(F) That the community school will admit the number of	718
students that does not exceed the capacity of the school's	719
programs, classes, grade levels, or facilities.	720

(G) That the purpose of single-gender schools that are	721
established shall be to take advantage of the academic benefits	722
some students realize from single-gender instruction and	723
facilities and to offer students and parents residing in the	724
district the option of a single-gender education.	725

(H) That, except as otherwise provided under division (B) of	726
this section or section 3314.061 of the Revised Code, if the	727
number of applicants exceeds the capacity restrictions of division	728
(F) of this section, students shall be admitted by lot from all	729
those submitting applications, except preference shall be given to	730
students attending the school the previous year and to students	731
who reside in the district in which the school is located.	732
Preference may be given to siblings of students attending the	733
school the previous year.	734

Notwithstanding divisions (A) to (H) of this section, in the	735
event the racial composition of the enrollment of the community	736
school is violative of a federal desegregation order, the	737
community school shall take any and all corrective measures to	738
comply with the desegregation order.	739

Sec. 3332.09.  The state board of career colleges and schools	740
may limit, suspend, revoke, or refuse to issue or renew a	741
certificate of registration or program authorization or may impose	742
a penalty pursuant to section 3332.091 of the Revised Code for any	743
one or combination of the following causes:	744

(A) Violation of any provision of sections 3332.01 to 3332.09	745
of the Revised Code, the board's minimum standards, or any rule	746
made by the board;	747

(B) Furnishing of false, misleading, deceptive, altered, or	748
incomplete information or documents to the board;	749

(C) The signing of an application or the holding of a	750
certificate of registration by a person who has pleaded guilty or	751
has been found guilty of a felony or has pleaded guilty or been	752
found guilty of a crime involving moral turpitude;	753

(D) The signing of an application or the holding of a	754
certificate of registration by a person who is addicted to the use	755
of any controlled substance, or who is found to be mentally	756
incompetent;	757

(E) Violation of any commitment made in an application for a	758
certificate of registration or program authorization;	759

(F) Presenting to prospective students, either at the time of	760
solicitation or enrollment, or through advertising, mail	761
circulars, or phone solicitation, misleading, deceptive, false, or	762
fraudulent information relating to any program, employment	763
opportunity, or opportunities for enrollment in accredited	764
institutions of higher education after entering or completing	765
programs offered by the holder of a certificate of registration;	766

(G) Failure to provide or maintain premises or equipment for	767
offering programs in a safe and sanitary condition;	768

(H) Refusal by an agent to display the agent's permit upon	769
demand of a prospective student or other interested person;	770

(I) Failure to maintain financial resources adequate for the	771
satisfactory conduct of programs as presented in the plan of	772
operation or to retain a sufficient number and qualified staff of	773
instruction, except that nothing in this chapter requires an	774
instructor to be licensed by the state board of education or to	775
hold any type of post-high school degree;	776

(J) Offering training or programs other than those presented	777
in the application, except that schools may offer special courses	778
adapted to the needs of individual students when the special	779
courses are in the subject field specified in the application;	780

(K) Discrimination in the acceptance of students upon the	781
basis of sexual orientation or gender identity as those terms are	782
defined in section 4112.01 of the Revised Code, race, color,	783
religion, sex, or national origin;	784

(L) Accepting the services of an agent not holding a valid	785
permit issued under section 3332.10 or 3332.11 of the Revised	786
Code;	787

(M) The use of monetary or other valuable consideration by	788
the school's agents or representatives to induce prospective	789
students to enroll in the school, or the practice of awarding	790
monetary or other valuable considerations without board approval	791
to students in exchange for procuring the enrollment of others;	792

(N) Failure to provide at the request of the board, any	793
information, records, or files pertaining to the operation of the	794
school or recruitment and enrollment of students.	795

If the board modifies or adopts additional minimum standards	796
or rules pursuant to section 3332.031 of the Revised Code, all	797
schools and agents shall have sixty days from the effective date	798
of the modifications or additional standards or rules to comply	799
with such modifications or additions.	800

Sec. 3721.13.  (A) The rights of residents of a home shall	801
include, but are not limited to, the following:	802

(1) The right to a safe and clean living environment pursuant	803
to the medicare and medicaid programs and applicable state laws	804
and regulations prescribed by the public health council;	805

(2) The right to be free from physical, verbal, mental, and	806
emotional abuse and to be treated at all times with courtesy,	807
respect, and full recognition of dignity and individuality;	808

(3) Upon admission and thereafter, the right to adequate and	809
appropriate medical treatment and nursing care and to other	810
ancillary services that comprise necessary and appropriate care	811
consistent with the program for which the resident contracted.	812
This care shall be provided without regard to considerations such	813
as sexual orientation or gender identity as those terms are	814
defined in section 4112.01 of the Revised Code, race, color,	815
religion, national origin, age, or source of payment for care.	816

(4) The right to have all reasonable requests and inquiries	817
responded to promptly;	818

(5) The right to have clothes and bed sheets changed as the	819
need arises, to ensure the resident's comfort or sanitation;	820

(6) The right to obtain from the home, upon request, the name	821
and any specialty of any physician or other person responsible for	822
the resident's care or for the coordination of care;	823

(7) The right, upon request, to be assigned, within the	824
capacity of the home to make the assignment, to the staff	825
physician of the resident's choice, and the right, in accordance	826
with the rules and written policies and procedures of the home, to	827
select as the attending physician a physician who is not on the	828
staff of the home. If the cost of a physician's services is to be	829
met under a federally supported program, the physician shall meet	830
the federal laws and regulations governing such services.	831

(8) The right to participate in decisions that affect the	832
resident's life, including the right to communicate with the	833
physician and employees of the home in planning the resident's	834
treatment or care and to obtain from the attending physician	835
complete and current information concerning medical condition,	836
prognosis, and treatment plan, in terms the resident can	837
reasonably be expected to understand; the right of access to all	838
information in the resident's medical record; and the right to	839
give or withhold informed consent for treatment after the	840
consequences of that choice have been carefully explained. When	841
the attending physician finds that it is not medically advisable	842
to give the information to the resident, the information shall be	843
made available to the resident's sponsor on the resident's behalf,	844
if the sponsor has a legal interest or is authorized by the	845
resident to receive the information. The home is not liable for a	846
violation of this division if the violation is found to be the	847
result of an act or omission on the part of a physician selected	848
by the resident who is not otherwise affiliated with the home.	849

(9) The right to withhold payment for physician visitation if	850
the physician did not visit the resident;	851

(10) The right to confidential treatment of personal and	852
medical records, and the right to approve or refuse the release of	853
these records to any individual outside the home, except in case	854
of transfer to another home, hospital, or health care system, as	855
required by law or rule, or as required by a third-party payment	856
contract;	857

(11) The right to privacy during medical examination or	858
treatment and in the care of personal or bodily needs;	859

(12) The right to refuse, without jeopardizing access to	860
appropriate medical care, to serve as a medical research subject;	861

(13) The right to be free from physical or chemical	862
restraints or prolonged isolation except to the minimum extent	863
necessary to protect the resident from injury to self, others, or	864
to property and except as authorized in writing by the attending	865
physician for a specified and limited period of time and	866
documented in the resident's medical record. Prior to authorizing	867
the use of a physical or chemical restraint on any resident, the	868
attending physician shall make a personal examination of the	869
resident and an individualized determination of the need to use	870
the restraint on that resident.	871

Physical or chemical restraints or isolation may be used in	872
an emergency situation without authorization of the attending	873
physician only to protect the resident from injury to self or	874
others. Use of the physical or chemical restraints or isolation	875
shall not be continued for more than twelve hours after the onset	876
of the emergency without personal examination and authorization by	877
the attending physician. The attending physician or a staff	878
physician may authorize continued use of physical or chemical	879
restraints for a period not to exceed thirty days, and at the end	880
of this period and any subsequent period may extend the	881
authorization for an additional period of not more than thirty	882
days. The use of physical or chemical restraints shall not be	883
continued without a personal examination of the resident and the	884
written authorization of the attending physician stating the	885
reasons for continuing the restraint.	886

If physical or chemical restraints are used under this	887
division, the home shall ensure that the restrained resident	888
receives a proper diet. In no event shall physical or chemical	889
restraints or isolation be used for punishment, incentive, or	890
convenience.	891

(14) The right to the pharmacist of the resident's choice and	892
the right to receive pharmaceutical supplies and services at	893
reasonable prices not exceeding applicable and normally accepted	894
prices for comparably packaged pharmaceutical supplies and	895
services within the community;	896

(15) The right to exercise all civil rights, unless the	897
resident has been adjudicated incompetent pursuant to Chapter	898
2111. of the Revised Code and has not been restored to legal	899
capacity, as well as the right to the cooperation of the home's	900
administrator in making arrangements for the exercise of the right	901
to vote;	902

(16) The right of access to opportunities that enable the	903
resident, at the resident's own expense or at the expense of a	904
third-party payer, to achieve the resident's fullest potential,	905
including educational, vocational, social, recreational, and	906
habilitation programs;	907

(17) The right to consume a reasonable amount of alcoholic	908
beverages at the resident's own expense, unless not medically	909
advisable as documented in the resident's medical record by the	910
attending physician or unless contradictory to written admission	911
policies;	912

(18) The right to use tobacco at the resident's own expense	913
under the home's safety rules and under applicable laws and rules	914
of the state, unless not medically advisable as documented in the	915
resident's medical record by the attending physician or unless	916
contradictory to written admission policies;	917

(19) The right to retire and rise in accordance with the	918
resident's reasonable requests, if the resident does not disturb	919
others or the posted meal schedules and upon the home's request	920
remains in a supervised area, unless not medically advisable as	921
documented by the attending physician;	922

(20) The right to observe religious obligations and	923
participate in religious activities; the right to maintain	924
individual and cultural identity; and the right to meet with and	925
participate in activities of social and community groups at the	926
resident's or the group's initiative;	927

(21) The right upon reasonable request to private and	928
unrestricted communications with the resident's family, social	929
worker, and any other person, unless not medically advisable as	930
documented in the resident's medical record by the attending	931
physician, except that communications with public officials or	932
with the resident's attorney or physician shall not be restricted.	933
Private and unrestricted communications shall include, but are not	934
limited to, the right to:	935

(a) Receive, send, and mail sealed, unopened correspondence;

936

(b) Reasonable access to a telephone for private	937
communications;	938

(c) Private visits at any reasonable hour.

939

(22) The right to assured privacy for visits by the spouse,	940
or if both are residents of the same home, the right to share a	941
room within the capacity of the home, unless not medically	942
advisable as documented in the resident's medical record by the	943
attending physician;	944

(23) The right upon reasonable request to have room doors	945
closed and to have them not opened without knocking, except in the	946
case of an emergency or unless not medically advisable as	947
documented in the resident's medical record by the attending	948
physician;	949

(24) The right to retain and use personal clothing and a	950
reasonable amount of possessions, in a reasonably secure manner,	951
unless to do so would infringe on the rights of other residents or	952
would not be medically advisable as documented in the resident's	953
medical record by the attending physician;	954

(25) The right to be fully informed, prior to or at the time	955
of admission and during the resident's stay, in writing, of the	956
basic rate charged by the home, of services available in the home,	957
and of any additional charges related to such services, including	958
charges for services not covered under the medicare or medicaid	959
program. The basic rate shall not be changed unless thirty days	960
notice is given to the resident or, if the resident is unable to	961
understand this information, to the resident's sponsor.	962

(26) The right of the resident and person paying for the care	963
to examine and receive a bill at least monthly for the resident's	964
care from the home that itemizes charges not included in the basic	965
rates;	966

(27)(a) The right to be free from financial exploitation;

967

(b) The right to manage the resident's own personal financial	968
affairs, or, if the resident has delegated this responsibility in	969
writing to the home, to receive upon written request at least a	970
quarterly accounting statement of financial transactions made on	971
the resident's behalf. The statement shall include:	972

(i) A complete record of all funds, personal property, or	973
possessions of a resident from any source whatsoever, that have	974
been deposited for safekeeping with the home for use by the	975
resident or the resident's sponsor;	976

(ii) A listing of all deposits and withdrawals transacted,	977
which shall be substantiated by receipts which shall be available	978
for inspection and copying by the resident or sponsor.	979

(28) The right of the resident to be allowed unrestricted	980
access to the resident's property on deposit at reasonable hours,	981
unless requests for access to property on deposit are so	982
persistent, continuous, and unreasonable that they constitute a	983
nuisance;	984

(29) The right to receive reasonable notice before the	985
resident's room or roommate is changed, including an explanation	986
of the reason for either change.	987

(30) The right not to be transferred or discharged from the	988
home unless the transfer is necessary because of one of the	989
following:	990

(a) The welfare and needs of the resident cannot be met in	991
the home.	992

(b) The resident's health has improved sufficiently so that	993
the resident no longer needs the services provided by the home.	994

(c) The safety of individuals in the home is endangered.

995

(d) The health of individuals in the home would otherwise be	996
endangered.	997

(e) The resident has failed, after reasonable and appropriate	998
notice, to pay or to have the medicare or medicaid program pay on	999
the resident's behalf, for the care provided by the home. A	1000
resident shall not be considered to have failed to have the	1001
resident's care paid for if the resident has applied for medicaid,	1002
unless both of the following are the case:	1003

(i) The resident's application, or a substantially similar	1004
previous application, has been denied by the county department of	1005
job and family services.	1006

(ii) If the resident appealed the denial pursuant to division	1007
(C) of section 5101.35 of the Revised Code, the director of job	1008
and family services has upheld the denial.	1009

(f) The home's license has been revoked, the home is being	1010
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	1011
or section 5155.31 of the Revised Code, or the home otherwise	1012
ceases to operate.	1013

(g) The resident is a recipient of medicaid, and the home's	1014
participation in the medicaid program is involuntarily terminated	1015
or denied.	1016

(h) The resident is a beneficiary under the medicare program,	1017
and the home's participation in the medicare program is	1018
involuntarily terminated or denied.	1019

(31) The right to voice grievances and recommend changes in	1020
policies and services to the home's staff, to employees of the	1021
department of health, or to other persons not associated with the	1022
operation of the home, of the resident's choice, free from	1023
restraint, interference, coercion, discrimination, or reprisal.	1024
This right includes access to a residents' rights advocate, and	1025
the right to be a member of, to be active in, and to associate	1026
with persons who are active in organizations of relatives and	1027
friends of nursing home residents and other organizations engaged	1028
in assisting residents.	1029

(32) The right to have any significant change in the	1030
resident's health status reported to the resident's sponsor. As	1031
soon as such a change is known to the home's staff, the home shall	1032
make a reasonable effort to notify the sponsor within twelve	1033
hours.	1034

(B) A sponsor may act on a resident's behalf to assure that	1035
the home does not deny the residents' rights under sections	1036
3721.10 to 3721.17 of the Revised Code.	1037

(C) Any attempted waiver of the rights listed in division (A)	1038
of this section is void.	1039

Sec. 3905.55.  (A) Except as provided in division (B) of this	1040
section, an agent may charge a consumer a fee if all of the	1041
following conditions are met:	1042

(1) The fee is disclosed to the consumer in a manner that	1043
separately identifies the fee and the premium.	1044

(2) The fee is not calculated as a percentage of the premium.

1045

(3) The fee is not refunded, forgiven, waived, offset, or	1046
reduced by any commission earned or received for any policy or	1047
coverage sold.	1048

(4) The amount of the fee, and the consumer's obligation to	1049
pay the fee, are not conditioned upon the occurrence of a future	1050
event or condition, such as the purchase, cancellation, lapse,	1051
declination, or nonrenewal of insurance.	1052

(5) The agent discloses to the consumer that the fee is being	1053
charged by the agent and not by the insurance company, that	1054
neither state law nor the insurance company requires the agent to	1055
charge the fee, and that the fee is not refundable.	1056

(6) The consumer consents to the fee.

1057

(7) The agent, in charging the fee, does not discriminate on	1058
the basis of race, sex, national origin, religion, disability,	1059
health status, age, marital status, military status, gender	1060
identity, or sexual orientation as those terms are defined in	1061
section 4112.01 of the Revised Code, or geographic location, and	1062
does not unfairly discriminate between persons of essentially	1063
the same class and of essentially the same hazard or expectation	1064
of life.	1065

(B) A fee may not be charged for taking or submitting an	1066
initial application for coverage with any one insurer or different	1067
programs with the same insurer, or processing a change to an	1068
existing policy, a cancellation, a claim, or a renewal, in	1069
connection with any of the following personal lines policies:	1070

(1) Private passenger automobile;

1071

(2) Homeowners, including coverage for tenants or condominium	1072
owners, owner-occupied fire or dwelling property coverage,	1073
personal umbrella liability, or any other personal lines-related	1074
coverage whether sold as a separate policy or as an endorsement to	1075
another personal lines policy;	1076

(3) Individual life insurance;

1077

(4) Individual sickness or accident insurance;

1078

(5) Disability income policies;

1079

(6) Credit insurance products.

1080

(C) Notwithstanding any other provision of this section, an	1081
agent may charge a fee for agent services in connection with a	1082
policy issued on a no-commission basis, if the agent provides the	1083
consumer with prior disclosure of the fee and of the services to	1084
be provided.	1085

(D) In the event of a dispute between an agent and a consumer	1086
regarding any disclosure required by this section, the agent has	1087
the burden of proving that the disclosure was made.	1088

(E)(1) No person shall fail to comply with this section.

1089

(2) Whoever violates division (E)(1) of this section is	1090
deemed to have engaged in an unfair and deceptive act or practice	1091
in the business of insurance under sections 3901.19 to 3901.26 of	1092
the Revised Code.	1093

(F) This section does not apply with respect to any expense	1094
fee charged by a surety bail bond agent to cover the costs	1095
incurred by the surety bail bond agent in executing the bail bond.	1096

Sec. 4111.17.  (A) No employer, including the state and	1097
political subdivisions thereof, shall discriminate in the payment	1098
of wages on the basis of sexual orientation or gender identity as	1099
those terms are defined in section 4112.01 of the Revised Code,	1100
race, color, religion, sex, age, national origin, or ancestry by	1101
paying wages to any employee at a rate less than the rate at	1102
which the employer pays wages to another employee for equal work	1103
on jobs the performance of which requires equal skill, effort,	1104
and responsibility, and which are performed under similar	1105
conditions.	1106

(B) Nothing in this section prohibits an employer from paying	1107
wages to one employee at a rate different from that at which the	1108
employer pays another employee for the performance of equal work	1109
under similar conditions on jobs requiring equal skill, effort,	1110
and responsibility, when the payment is made pursuant to any of	1111
the following:	1112

(1) A seniority system;

1113

(2) A merit system;

1114

(3) A system which measures earnings by the quantity or	1115
quality of production;	1116

(4) A wage rate differential determined by any factor other	1117
than sexual orientation or gender identity as those terms are	1118
defined in section 4112.01 of the Revised Code, race, color,	1119
religion, sex, age, national origin, or ancestry.	1120

(C) No employer shall reduce the wage rate of any employee in	1121
order to comply with this section.	1122

(D) The director of commerce shall carry out, administer, and	1123
enforce this section. Any employee discriminated against in	1124
violation of this section may sue in any court of competent	1125
jurisdiction to recover two times the amount of the difference	1126
between the wages actually received and the wages received by a	1127
person performing equal work for the employer, from the date of	1128
the commencement of the violation, and for costs, including	1129
attorney fees. The director may take an assignment of any such	1130
wage claim in trust for such employee and sue in the employee's	1131
behalf. In any civil action under this section, two or more	1132
employees of the same employer may join as co-plaintiffs in one	1133
action. The director may sue in one action for claims assigned to	1134
the director by two or more employees of the same employer. No	1135
agreement to work for a discriminatory wage constitutes a defense	1136
for any civil or criminal action to enforce this section. No	1137
employer shall discriminate against any employee because such	1138
employee makes a complaint or institutes, or testifies in, any	1139
proceeding under this section.	1140

(E) Any action arising under this section shall be initiated	1141
within one year after the date of violation.	1142

Sec. 4112.01.  (A) As used in this chapter:

1143

(1) "Person" includes one or more individuals, partnerships,	1144
associations, organizations, corporations, legal representatives,	1145
trustees, trustees in bankruptcy, receivers, and other organized	1146
groups of persons. "Person" also includes, but is not limited to,	1147
any owner, lessor, assignor, builder, manager, broker,	1148
salesperson, appraiser, agent, employee, lending institution, and	1149
the state and all political subdivisions, authorities, agencies,	1150
boards, and commissions of the state.	1151

(2) "Employer" includes the state, any political subdivision	1152
of the state, any person employing four or more persons within	1153
the state, and any person acting directly or indirectly in the	1154
interest of an employer, except that for purposes of	1155
discrimination based upon sexual orientation or gender identity,	1156
"employer" includes the state, any political subdivision of the	1157
state, any person employing fifteen or more persons within the	1158
state, and any person acting directly or indirectly in the	1159
interest of an employer.	1160

(3) "Employee" means an individual employed by any employer	1161
but does not include any individual employed in the domestic	1162
service of any person.	1163

(4) "Labor organization" includes any organization that	1164
exists, in whole or in part, for the purpose of collective	1165
bargaining or of dealing with employers concerning grievances,	1166
terms or conditions of employment, or other mutual aid or	1167
protection in relation to employment.	1168

(5) "Employment agency" includes any person regularly	1169
undertaking, with or without compensation, to procure	1170
opportunities to work or to procure, recruit, refer, or place	1171
employees.	1172

(6) "Commission" means the Ohio civil rights commission	1173
created by section 4112.03 of the Revised Code.	1174

(7) "Discriminate" includes segregate or separate.

1175

(8) "Unlawful discriminatory practice" means any act	1176
prohibited by section 4112.02, 4112.021, or 4112.022 of the	1177
Revised Code.	1178

(9) "Place of public accommodation" means any inn,	1179
restaurant, eating house, barbershop, public conveyance by air,	1180
land, or water, theater, store, other place for the sale of	1181
merchandise, or any other place of public accommodation or	1182
amusement of which the accommodations, advantages, facilities, or	1183
privileges are available to the public.	1184

(10) "Housing accommodations" includes any building or	1185
structure, or portion of a building or structure, that is used or	1186
occupied or is intended, arranged, or designed to be used or	1187
occupied as the home residence, dwelling, dwelling unit, or	1188
sleeping place of one or more individuals, groups, or families	1189
whether or not living independently of each other; and any vacant	1190
land offered for sale or lease. "Housing accommodations" also	1191
includes any housing accommodations held or offered for sale or	1192
rent by a real estate broker, salesperson, or agent, by any other	1193
person pursuant to authorization of the owner, by the owner, or by	1194
the owner's legal representative.	1195

(11) "Restrictive covenant" means any specification limiting	1196
the transfer, rental, lease, or other use of any housing	1197
accommodations because of race, color, religion, sex, military	1198
status, familial status, national origin, disability, or ancestry,	1199
or any limitation based upon affiliation with or approval by any	1200
person, directly or indirectly, employing race, color, religion,	1201
sex, military status, familial status, national origin,	1202
disability, or ancestry as a condition of affiliation or approval.	1203

(12) "Burial lot" means any lot for the burial of deceased	1204
persons within any public burial ground or cemetery, including,	1205
but not limited to, cemeteries owned and operated by municipal	1206
corporations, townships, or companies or associations incorporated	1207
for cemetery purposes.	1208

(13) "Disability" means a physical or mental impairment that	1209
substantially limits one or more major life activities, including	1210
the functions of caring for one's self, performing manual tasks,	1211
walking, seeing, hearing, speaking, breathing, learning, and	1212
working; a record of a physical or mental impairment; or being	1213
regarded as having a physical or mental impairment.	1214

(14) Except as otherwise provided in section 4112.021 of the	1215
Revised Code, "age" means at least forty years old.	1216

(15) "Familial status" means either of the following:

1217

(a) One or more individuals who are under eighteen years of	1218
age and who are domiciled with a parent or guardian having legal	1219
custody of the individual or domiciled, with the written	1220
permission of the parent or guardian having legal custody, with a	1221
designee of the parent or guardian;	1222

(b) Any person who is pregnant or in the process of securing	1223
legal custody of any individual who is under eighteen years of	1224
age.	1225

(16)(a) Except as provided in division (A)(16)(b) of this	1226
section, "physical or mental impairment" includes any of the	1227
following:	1228

(i) Any physiological disorder or condition, cosmetic	1229
disfigurement, or anatomical loss affecting one or more of the	1230
following body systems: neurological; musculoskeletal; special	1231
sense organs; respiratory, including speech organs;	1232
cardiovascular; reproductive; digestive; genito-urinary; hemic and	1233
lymphatic; skin; and endocrine;	1234

(ii) Any mental or psychological disorder, including, but not	1235
limited to, mental retardation, organic brain syndrome, emotional	1236
or mental illness, and specific learning disabilities;	1237

(iii) Diseases and conditions, including, but not limited to,	1238
orthopedic, visual, speech, and hearing impairments, cerebral	1239
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	1240
cancer, heart disease, diabetes, human immunodeficiency virus	1241
infection, mental retardation, emotional illness, drug addiction,	1242
and alcoholism.	1243

(b) "Physical or mental impairment" does not include any of	1244
the following:	1245

(i) Homosexuality and bisexuality;

1246

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	1247
voyeurism, gender identity disorders not resulting from physical	1248
impairments, or other sexual behavior disorders;	1249

(iii) Compulsive gambling, kleptomania, or pyromania;

1250

(iv) Psychoactive substance use disorders resulting from the	1251
current illegal use of a controlled substance or the current use	1252
of alcoholic beverages.	1253

(17) "Dwelling unit" means a single unit of residence for a	1254
family of one or more persons.	1255

(18) "Common use areas" means rooms, spaces, or elements	1256
inside or outside a building that are made available for the use	1257
of residents of the building or their guests, and includes, but is	1258
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	1259
rooms, mail rooms, recreational areas, and passageways among and	1260
between buildings.	1261

(19) "Public use areas" means interior or exterior rooms or	1262
spaces of a privately or publicly owned building that are made	1263
available to the general public.	1264

(20) "Controlled substance" has the same meaning as in	1265
section 3719.01 of the Revised Code.	1266

(21) "Disabled tenant" means a tenant or prospective tenant	1267
who is a person with a disability.	1268

(22) "Military status" means a person's status in "service in	1269
the uniformed services" as defined in section 5923.05 of the	1270
Revised Code.	1271

(23) "Sexual orientation" means actual or perceived,	1272
heterosexuality, homosexuality, or bisexuality.	1273

(24) "Gender identity" means the gender-related identity,	1274
appearance, or mannerisms or other gender-related characteristics	1275
of an individual, with or without regard to the individual's	1276
designated sex at birth.	1277

(B) For the purposes of divisions (A) to (F) of section	1278
4112.02 of the Revised Code, the terms "because of sex" and "on	1279
the basis of sex" include, but are not limited to, because of or	1280
on the basis of pregnancy, any illness arising out of and	1281
occurring during the course of a pregnancy, childbirth, or related	1282
medical conditions. Women affected by pregnancy, childbirth, or	1283
related medical conditions shall be treated the same for all	1284
employment-related purposes, including receipt of benefits under	1285
fringe benefit programs, as other persons not so affected but	1286
similar in their ability or inability to work, and nothing in	1287
division (B) of section 4111.17 of the Revised Code shall be	1288
interpreted to permit otherwise. This division shall not be	1289
construed to require an employer to pay for health insurance	1290
benefits for abortion, except where the life of the mother would	1291
be endangered if the fetus were carried to term or except where	1292
medical complications have arisen from the abortion, provided that	1293
nothing in this division precludes an employer from providing	1294
abortion benefits or otherwise affects bargaining agreements in	1295
regard to abortion.	1296

Sec. 4112.02.  It shall be an unlawful discriminatory	1297
practice:	1298

(A) For any employer, because of the race, color, religion,	1299
sex, sexual orientation, gender identity, military status,	1300
national origin, disability, age, or ancestry of any person, to	1301
discharge without just cause, to refuse to hire, or otherwise to	1302
discriminate against that person with respect to hire, tenure,	1303
terms, conditions, or privileges of employment, or any matter	1304
directly or indirectly related to employment.	1305

(B) For an employment agency or personnel placement service,	1306
because of race, color, religion, sex, sexual orientation, gender	1307
identity, military status, national origin, disability, age, or	1308
ancestry, to do any of the following:	1309

(1) Refuse or fail to accept, register, classify properly, or	1310
refer for employment, or otherwise discriminate against any	1311
person;	1312

(2) Comply with a request from an employer for referral of	1313
applicants for employment if the request directly or indirectly	1314
indicates that the employer fails to comply with the provisions of	1315
sections 4112.01 to 4112.07 of the Revised Code.	1316

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

1317

(1) Limit or classify its membership on the basis of race,	1318
color, religion, sex, sexual orientation, gender identity,	1319
military status, national origin, disability, age, or ancestry;	1320

(2) Discriminate against, limit the employment opportunities	1321
of, or otherwise adversely affect the employment status, wages,	1322
hours, or employment conditions of any person as an employee	1323
because of race, color, religion, sex, sexual orientation, gender	1324
identity, military status, national origin, disability, age, or	1325
ancestry.	1326

(D) For any employer, labor organization, or joint	1327
labor-management committee controlling apprentice training	1328
programs to discriminate against any person because of race,	1329
color, religion, sex, sexual orientation, gender identity,	1330
military status, national origin, disability, or ancestry in	1331
admission to, or employment in, any program established to	1332
provide apprentice training.	1333

(E) Except where based on a bona fide occupational	1334
qualification certified in advance by the commission, for any	1335
employer, employment agency, personnel placement service, or labor	1336
organization, prior to employment or admission to membership, to	1337
do any of the following:	1338

(1) Elicit or attempt to elicit any information concerning	1339
the race, color, religion, sex, sexual orientation, gender	1340
identity, military status, national origin, disability, age, or	1341
ancestry of an applicant for employment or membership;	1342

(2) Make or keep a record of the race, color, religion, sex,	1343
sexual orientation, gender identity, military status, national	1344
origin, disability, age, or ancestry of any applicant for	1345
employment or membership;	1346

(3) Use any form of application for employment, or personnel	1347
or membership blank, seeking to elicit information regarding race,	1348
color, religion, sex, sexual orientation, gender identity,	1349
military status, national origin, disability, age, or ancestry;	1350
but an employer holding a contract containing a	1351
nondiscrimination clause with the government of the United	1352
States, or any department or agency of that government, may	1353
require an employee or applicant for employment to furnish	1354
documentary proof of United States citizenship and may retain	1355
that proof in the employer's personnel records and may use	1356
photographic or fingerprint identification for security	1357
purposes;	1358

(4) Print or publish or cause to be printed or published any	1359
notice or advertisement relating to employment or membership	1360
indicating any preference, limitation, specification, or	1361
discrimination, based upon race, color, religion, sex, sexual	1362
orientation, gender identity, military status, national origin,	1363
disability, age, or ancestry;	1364

(5) Announce or follow a policy of denying or limiting,	1365
through a quota system or otherwise, employment or membership	1366
opportunities of any group because of the race, color, religion,	1367
sex, sexual orientation, gender identity, military status,	1368
national origin, disability, age, or ancestry of that group;	1369

(6) Utilize in the recruitment or hiring of persons any	1370
employment agency, personnel placement service, training school or	1371
center, labor organization, or any other employee-referring source	1372
known to discriminate against persons because of their race,	1373
color, religion, sex, sexual orientation, gender identity,	1374
military status, national origin, disability, age, or ancestry.	1375

(F) For any person seeking employment to publish or cause to	1376
be published any advertisement that specifies or in any manner	1377
indicates that person's race, color, religion, sex, sexual	1378
orientation, gender identity, military status, national origin,	1379
disability, age, or ancestry, or expresses a limitation or	1380
preference as to the race, color, religion, sex, sexual	1381
orientation, gender identity, military status, national origin,	1382
disability, age, or ancestry of any prospective employer.	1383

(G) For any proprietor or any employee, keeper, or manager of	1384
a place of public accommodation to deny to any person, except for	1385
reasons applicable alike to all persons regardless of race, color,	1386
religion, sex, sexual orientation, gender identity, military	1387
status, national origin, disability, age, or ancestry, the full	1388
enjoyment of the accommodations, advantages, facilities, or	1389
privileges of the place of public accommodation.	1390

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

1391

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	1392
or finance housing accommodations, refuse to negotiate for the	1393
sale or rental of housing accommodations, or otherwise deny or	1394
make unavailable housing accommodations because of race, color,	1395
religion, sex, sexual orientation, gender identity, military	1396
status, familial status, ancestry, disability, or national	1397
origin;	1398

(2) Represent to any person that housing accommodations are	1399
not available for inspection, sale, or rental, when in fact they	1400
are available, because of race, color, religion, sex, sexual	1401
orientation, gender identity, military status, familial status,	1402
ancestry, disability, or national origin;	1403

(3) Discriminate against any person in the making or	1404
purchasing of loans or the provision of other financial assistance	1405
for the acquisition, construction, rehabilitation, repair, or	1406
maintenance of housing accommodations, or any person in the making	1407
or purchasing of loans or the provision of other financial	1408
assistance that is secured by residential real estate, because of	1409
race, color, religion, sex, sexual orientation, gender identity,	1410
military status, familial status, ancestry, disability, or	1411
national origin or because of the racial composition of the	1412
neighborhood in which the housing accommodations are located,	1413
provided that the person, whether an individual, corporation, or	1414
association of any type, lends money as one of the principal	1415
aspects or incident to the person's principal business and not	1416
only as a part of the purchase price of an owner-occupied	1417
residence the person is selling nor merely casually or	1418
occasionally to a relative or friend;	1419

(4) Discriminate against any person in the terms or	1420
conditions of selling, transferring, assigning, renting, leasing,	1421
or subleasing any housing accommodations or in furnishing	1422
facilities, services, or privileges in connection with the	1423
ownership, occupancy, or use of any housing accommodations,	1424
including the sale of fire, extended coverage, or homeowners	1425
insurance, because of race, color, religion, sex, sexual	1426
orientation, gender identity, military status, familial status,	1427
ancestry, disability, or national origin or because of the racial	1428
composition of the neighborhood in which the housing	1429
accommodations are located;	1430

(5) Discriminate against any person in the terms or	1431
conditions of any loan of money, whether or not secured by	1432
mortgage or otherwise, for the acquisition, construction,	1433
rehabilitation, repair, or maintenance of housing accommodations	1434
because of race, color, religion, sex, sexual orientation, gender	1435
identity, military status, familial status, ancestry,	1436
disability, or national origin or because of the racial	1437
composition of the neighborhood in which the housing	1438
accommodations are located;	1439

(6) Refuse to consider without prejudice the combined income	1440
of both husband and wife for the purpose of extending mortgage	1441
credit to a married couple or either member of a married couple;	1442

(7) Print, publish, or circulate any statement or	1443
advertisement, or make or cause to be made any statement or	1444
advertisement, relating to the sale, transfer, assignment, rental,	1445
lease, sublease, or acquisition of any housing accommodations, or	1446
relating to the loan of money, whether or not secured by mortgage	1447
or otherwise, for the acquisition, construction, rehabilitation,	1448
repair, or maintenance of housing accommodations, that indicates	1449
any preference, limitation, specification, or discrimination based	1450
upon race, color, religion, sex, sexual orientation, gender	1451
identity, military status, familial status, ancestry,	1452
disability, or national origin, or an intention to make any such	1453
preference, limitation, specification, or discrimination;	1454

(8) Except as otherwise provided in division (H)(8) or (17)	1455
of this section, make any inquiry, elicit any information, make or	1456
keep any record, or use any form of application containing	1457
questions or entries concerning race, color, religion, sex, sexual	1458
orientation, gender identity, military status, familial status,	1459
ancestry, disability, or national origin in connection with the	1460
sale or lease of any housing accommodations or the loan of any	1461
money, whether or not secured by mortgage or otherwise, for the	1462
acquisition, construction, rehabilitation, repair, or maintenance	1463
of housing accommodations. Any person may make inquiries, and	1464
make and keep records, concerning race, color, religion, sex,	1465
sexual orientation, gender identity, military status, familial	1466
status, ancestry, disability, or national origin for the purpose	1467
of monitoring compliance with this chapter.	1468

(9) Include in any transfer, rental, or lease of housing	1469
accommodations any restrictive covenant, or honor or exercise, or	1470
attempt to honor or exercise, any restrictive covenant;	1471

(10) Induce or solicit, or attempt to induce or solicit, a	1472
housing accommodations listing, sale, or transaction by	1473
representing that a change has occurred or may occur with respect	1474
to the racial, religious, sexual, sexual orientation, gender	1475
identity, military status, familial status, or ethnic	1476
composition of the block, neighborhood, or other area in which	1477
the housing accommodations are located, or induce or solicit, or	1478
attempt to induce or solicit, a housing accommodations listing,	1479
sale, or transaction by representing that the presence or	1480
anticipated presence of persons of any race, color, religion,	1481
sex, sexual orientation, gender identity, military status,	1482
familial status, ancestry, disability, or national origin, in	1483
the block, neighborhood, or other area will or may have results	1484
including, but not limited to, the following:	1485

(a) The lowering of property values;

1486

(b) A change in the racial, religious, sexual, sexual	1487
orientation, gender identity, military status, familial status,	1488
or ethnic composition of the block, neighborhood, or other area;	1489

(c) An increase in criminal or antisocial behavior in the	1490
block, neighborhood, or other area;	1491

(d) A decline in the quality of the schools serving the	1492
block, neighborhood, or other area.	1493

(11) Deny any person access to or membership or participation	1494
in any multiple-listing service, real estate brokers'	1495
organization, or other service, organization, or facility relating	1496
to the business of selling or renting housing accommodations, or	1497
discriminate against any person in the terms or conditions of that	1498
access, membership, or participation, on account of race, color,	1499
religion, sex, sexual orientation, gender identity, military	1500
status, familial status, national origin, disability, or	1501
ancestry;	1502

(12) Coerce, intimidate, threaten, or interfere with any	1503
person in the exercise or enjoyment of, or on account of that	1504
person's having exercised or enjoyed or having aided or encouraged	1505
any other person in the exercise or enjoyment of, any right	1506
granted or protected by division (H) of this section;	1507

(13) Discourage or attempt to discourage the purchase by a	1508
prospective purchaser of housing accommodations, by representing	1509
that any block, neighborhood, or other area has undergone or might	1510
undergo a change with respect to its religious, racial, sexual,	1511
sexual orientation, gender identity, military status, familial	1512
status, or ethnic composition;	1513

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	1514
or finance, or otherwise deny or withhold, a burial lot from any	1515
person because of the race, color, sex, sexual orientation, gender	1516
identity, military status, familial status, age, ancestry,	1517
disability, or national origin of any prospective owner or user	1518
of the lot;	1519

(15) Discriminate in the sale or rental of, or otherwise make	1520
unavailable or deny, housing accommodations to any buyer or renter	1521
because of a disability of any of the following:	1522

(a) The buyer or renter;

1523

(b) A person residing in or intending to reside in the	1524
housing accommodations after they are sold, rented, or made	1525
available;	1526

(c) Any individual associated with the person described in	1527
division (H)(15)(b) of this section.	1528

(16) Discriminate in the terms, conditions, or privileges of	1529
the sale or rental of housing accommodations to any person or in	1530
the provision of services or facilities to any person in	1531
connection with the housing accommodations because of a disability	1532
of any of the following:	1533

(a) That person;

1534

(b) A person residing in or intending to reside in the	1535
housing accommodations after they are sold, rented, or made	1536
available;	1537

(c) Any individual associated with the person described in	1538
division (H)(16)(b) of this section.	1539

(17) Except as otherwise provided in division (H)(17) of this	1540
section, make an inquiry to determine whether an applicant for the	1541
sale or rental of housing accommodations, a person residing in or	1542
intending to reside in the housing accommodations after they are	1543
sold, rented, or made available, or any individual associated with	1544
that person has a disability, or make an inquiry to determine the	1545
nature or severity of a disability of the applicant or such a	1546
person or individual. The following inquiries may be made of all	1547
applicants for the sale or rental of housing accommodations,	1548
regardless of whether they have disabilities:	1549

(a) An inquiry into an applicant's ability to meet the	1550
requirements of ownership or tenancy;	1551

(b) An inquiry to determine whether an applicant is qualified	1552
for housing accommodations available only to persons with	1553
disabilities or persons with a particular type of disability;	1554

(c) An inquiry to determine whether an applicant is qualified	1555
for a priority available to persons with disabilities or persons	1556
with a particular type of disability;	1557

(d) An inquiry to determine whether an applicant currently	1558
uses a controlled substance in violation of section 2925.11 of the	1559
Revised Code or a substantively comparable municipal ordinance;	1560

(e) An inquiry to determine whether an applicant at any time	1561
has been convicted of or pleaded guilty to any offense, an element	1562
of which is the illegal sale, offer to sell, cultivation,	1563
manufacture, other production, shipment, transportation, delivery,	1564
or other distribution of a controlled substance.	1565

(18)(a) Refuse to permit, at the expense of a person with a	1566
disability, reasonable modifications of existing housing	1567
accommodations that are occupied or to be occupied by the person	1568
with a disability, if the modifications may be necessary to afford	1569
the person with a disability full enjoyment of the housing	1570
accommodations. This division does not preclude a landlord of	1571
housing accommodations that are rented or to be rented to a	1572
disabled tenant from conditioning permission for a proposed	1573
modification upon the disabled tenant's doing one or more of the	1574
following:	1575

(i) Providing a reasonable description of the proposed	1576
modification and reasonable assurances that the proposed	1577
modification will be made in a workerlike manner and that any	1578
required building permits will be obtained prior to the	1579
commencement of the proposed modification;	1580

(ii) Agreeing to restore at the end of the tenancy the	1581
interior of the housing accommodations to the condition they were	1582
in prior to the proposed modification, but subject to reasonable	1583
wear and tear during the period of occupancy, if it is reasonable	1584
for the landlord to condition permission for the proposed	1585
modification upon the agreement;	1586

(iii) Paying into an interest-bearing escrow account that is	1587
in the landlord's name, over a reasonable period of time, a	1588
reasonable amount of money not to exceed the projected costs at	1589
the end of the tenancy of the restoration of the interior of the	1590
housing accommodations to the condition they were in prior to the	1591
proposed modification, but subject to reasonable wear and tear	1592
during the period of occupancy, if the landlord finds the account	1593
reasonably necessary to ensure the availability of funds for the	1594
restoration work. The interest earned in connection with an escrow	1595
account described in this division shall accrue to the benefit of	1596
the disabled tenant who makes payments into the account.	1597

(b) A landlord shall not condition permission for a proposed	1598
modification upon a disabled tenant's payment of a security	1599
deposit that exceeds the customarily required security deposit of	1600
all tenants of the particular housing accommodations.	1601

(19) Refuse to make reasonable accommodations in rules,	1602
policies, practices, or services when necessary to afford a person	1603
with a disability equal opportunity to use and enjoy a dwelling	1604
unit, including associated public and common use areas;	1605

(20) Fail to comply with the standards and rules adopted	1606
under division (A) of section 3781.111 of the Revised Code;	1607

(21) Discriminate against any person in the selling,	1608
brokering, or appraising of real property because of race, color,	1609
religion, sex, sexual orientation, gender identity, military	1610
status, familial status, ancestry, disability, or national	1611
origin;	1612

(22) Fail to design and construct covered multifamily	1613
dwellings for first occupancy on or after June 30, 1992, in	1614
accordance with the following conditions:	1615

(a) The dwellings shall have at least one building entrance	1616
on an accessible route, unless it is impractical to do so because	1617
of the terrain or unusual characteristics of the site.	1618

(b) With respect to dwellings that have a building entrance	1619
on an accessible route, all of the following apply:	1620

(i) The public use areas and common use areas of the	1621
dwellings shall be readily accessible to and usable by persons	1622
with a disability.	1623

(ii) All the doors designed to allow passage into and within	1624
all premises shall be sufficiently wide to allow passage by	1625
persons with a disability who are in wheelchairs.	1626

(iii) All premises within covered multifamily dwelling units	1627
shall contain an accessible route into and through the dwelling;	1628
all light switches, electrical outlets, thermostats, and other	1629
environmental controls within such units shall be in accessible	1630
locations; the bathroom walls within such units shall contain	1631
reinforcements to allow later installation of grab bars; and the	1632
kitchens and bathrooms within such units shall be designed and	1633
constructed in a manner that enables an individual in a wheelchair	1634
to maneuver about such rooms.	1635

For purposes of division (H)(22) of this section, "covered	1636
multifamily dwellings" means buildings consisting of four or more	1637
units if such buildings have one or more elevators and ground	1638
floor units in other buildings consisting of four or more units.	1639

(I) For any person to discriminate in any manner against any	1640
other person because that person has opposed any unlawful	1641
discriminatory practice defined in this section or because that	1642
person has made a charge, testified, assisted, or participated in	1643
any manner in any investigation, proceeding, or hearing under	1644
sections 4112.01 to 4112.07 of the Revised Code.	1645

(J) For any person to aid, abet, incite, compel, or coerce	1646
the doing of any act declared by this section to be an unlawful	1647
discriminatory practice, to obstruct or prevent any person from	1648
complying with this chapter or any order issued under it, or to	1649
attempt directly or indirectly to commit any act declared by this	1650
section to be an unlawful discriminatory practice.	1651

(K)(1) Nothing in division (H) of this section shall bar any	1652
religious or denominational institution or organization, or any	1653
nonprofit charitable or educational organization that is operated,	1654
supervised, or controlled by or in connection with a religious	1655
organization, from limiting the sale, rental, or occupancy of	1656
housing accommodations that it owns or operates for other than a	1657
commercial purpose to persons of the same religion, or from giving	1658
preference in the sale, rental, or occupancy of such housing	1659
accommodations to persons of the same religion, unless membership	1660
in the religion is restricted on account of race, color, or	1661
national origin.	1662

(2) Nothing in division (H) of this section shall bar any	1663
bona fide private or fraternal organization that, incidental to	1664
its primary purpose, owns or operates lodgings for other than a	1665
commercial purpose, from limiting the rental or occupancy of the	1666
lodgings to its members or from giving preference to its members.	1667

(3) Nothing in division (H) of this section limits the	1668
applicability of any reasonable local, state, or federal	1669
restrictions regarding the maximum number of occupants permitted	1670
to occupy housing accommodations. Nothing in that division	1671
prohibits the owners or managers of housing accommodations from	1672
implementing reasonable occupancy standards based on the number	1673
and size of sleeping areas or bedrooms and the overall size of a	1674
dwelling unit, provided that the standards are not implemented to	1675
circumvent the purposes of this chapter and are formulated,	1676
implemented, and interpreted in a manner consistent with this	1677
chapter and any applicable local, state, or federal restrictions	1678
regarding the maximum number of occupants permitted to occupy	1679
housing accommodations.	1680

(4) Nothing in division (H) of this section requires that	1681
housing accommodations be made available to an individual whose	1682
tenancy would constitute a direct threat to the health or safety	1683
of other individuals or whose tenancy would result in substantial	1684
physical damage to the property of others.	1685

(5) Nothing in division (H) of this section pertaining to	1686
discrimination on the basis of familial status shall be construed	1687
to apply to any of the following:	1688

(a) Housing accommodations provided under any state or	1689
federal program that have been determined under the "Fair Housing	1690
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	1691
amended, to be specifically designed and operated to assist	1692
elderly persons;	1693

(b) Housing accommodations intended for and solely occupied	1694
by persons who are sixty-two years of age or older;	1695

(c) Housing accommodations intended and operated for	1696
occupancy by at least one person who is fifty-five years of age or	1697
older per unit, as determined under the "Fair Housing Amendments	1698
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	1699

(L) Nothing in divisions (A) to (E) of this section shall be	1700
construed to require a person with a disability to be employed or	1701
trained under circumstances that would significantly increase the	1702
occupational hazards affecting either the person with a	1703
disability, other employees, the general public, or the facilities	1704
in which the work is to be performed, or to require the employment	1705
or training of a person with a disability in a job that requires	1706
the person with a disability routinely to undertake any task, the	1707
performance of which is substantially and inherently impaired by	1708
the person's disability.	1709

(M) Nothing in divisions (H)(1) to (18) of this section shall	1710
be construed to require any person selling or renting property to	1711
modify the property in any way or to exercise a higher degree of	1712
care for a person with a disability, to relieve any person with a	1713
disability of any obligation generally imposed on all persons	1714
regardless of disability in a written lease, rental agreement, or	1715
contract of purchase or sale, or to forbid distinctions based on	1716
the inability to fulfill the terms and conditions, including	1717
financial obligations, of the lease, agreement, or contract.	1718

(N) An aggrieved individual may enforce the individual's	1719
rights relative to discrimination on the basis of age as provided	1720
for in this section by instituting a civil action, within one	1721
hundred eighty days after the alleged unlawful discriminatory	1722
practice occurred, in any court with jurisdiction for any legal or	1723
equitable relief that will effectuate the individual's rights.	1724

A person who files a civil action under this division is	1725
barred, with respect to the practices complained of, from	1726
instituting a civil action under section 4112.14 of the Revised	1727
Code and from filing a charge with the commission under section	1728
4112.05 of the Revised Code.	1729

(O) With regard to age, it shall not be an unlawful	1730
discriminatory practice and it shall not constitute a violation of	1731
division (A) of section 4112.14 of the Revised Code for any	1732
employer, employment agency, joint labor-management committee	1733
controlling apprenticeship training programs, or labor	1734
organization to do any of the following:	1735

(1) Establish bona fide employment qualifications reasonably	1736
related to the particular business or occupation that may include	1737
standards for skill, aptitude, physical capability, intelligence,	1738
education, maturation, and experience;	1739

(2) Observe the terms of a bona fide seniority system or any	1740
bona fide employee benefit plan, including, but not limited to, a	1741
retirement, pension, or insurance plan, that is not a subterfuge	1742
to evade the purposes of this section. However, no such employee	1743
benefit plan shall excuse the failure to hire any individual, and	1744
no such seniority system or employee benefit plan shall require or	1745
permit the involuntary retirement of any individual, because of	1746
the individual's age except as provided for in the "Age	1747
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	1748
29 U.S.C.A. 623, as amended by the "Age Discrimination in	1749
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	1750
623, as amended.	1751

(3) Retire an employee who has attained sixty-five years of	1752
age who, for the two-year period immediately before retirement, is	1753
employed in a bona fide executive or a high policymaking position,	1754
if the employee is entitled to an immediate nonforfeitable annual	1755
retirement benefit from a pension, profit-sharing, savings, or	1756
deferred compensation plan, or any combination of those plans, of	1757
the employer of the employee, which equals, in the aggregate, at	1758
least forty-four thousand dollars, in accordance with the	1759
conditions of the "Age Discrimination in Employment Act Amendment	1760
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	1761
Discrimination in Employment Act Amendments of 1986," 100 Stat.	1762
3342, 29 U.S.C.A. 631, as amended;	1763

(4) Observe the terms of any bona fide apprenticeship program	1764
if the program is registered with the Ohio apprenticeship council	1765
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	1766
approved by the federal committee on apprenticeship of the United	1767
States department of labor.	1768

(P) Nothing in this chapter prohibiting age discrimination	1769
and nothing in division (A) of section 4112.14 of the Revised Code	1770
shall be construed to prohibit the following:	1771

(1) The designation of uniform age the attainment of which is	1772
necessary for public employees to receive pension or other	1773
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	1774
or 5505. of the Revised Code;	1775

(2) The mandatory retirement of uniformed patrol officers of	1776
the state highway patrol as provided in section 5505.16 of the	1777
Revised Code;	1778

(3) The maximum age requirements for appointment as a patrol	1779
officer in the state highway patrol established by section 5503.01	1780
of the Revised Code;	1781

(4) The maximum age requirements established for original	1782
appointment to a police department or fire department in sections	1783
124.41 and 124.42 of the Revised Code;	1784

(5) Any maximum age not in conflict with federal law that may	1785
be established by a municipal charter, municipal ordinance, or	1786
resolution of a board of township trustees for original	1787
appointment as a police officer or firefighter;	1788

(6) Any mandatory retirement provision not in conflict with	1789
federal law of a municipal charter, municipal ordinance, or	1790
resolution of a board of township trustees pertaining to police	1791
officers and firefighters;	1792

(7) Until January 1, 1994, the mandatory retirement of any	1793
employee who has attained seventy years of age and who is serving	1794
under a contract of unlimited tenure, or similar arrangement	1795
providing for unlimited tenure, at an institution of higher	1796
education as defined in the "Education Amendments of 1980," 94	1797
Stat. 1503, 20 U.S.C.A. 1141(a).	1798

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	1799
section, for purposes of divisions (A) to (E) of this section, a	1800
disability does not include any physiological disorder or	1801
condition, mental or psychological disorder, or disease or	1802
condition caused by an illegal use of any controlled substance by	1803
an employee, applicant, or other person, if an employer,	1804
employment agency, personnel placement service, labor	1805
organization, or joint labor-management committee acts on the	1806
basis of that illegal use.	1807

(b) Division (Q)(1)(a) of this section does not apply to an	1808
employee, applicant, or other person who satisfies any of the	1809
following:	1810

(i) The employee, applicant, or other person has successfully	1811
completed a supervised drug rehabilitation program and no longer	1812
is engaging in the illegal use of any controlled substance, or the	1813
employee, applicant, or other person otherwise successfully has	1814
been rehabilitated and no longer is engaging in that illegal use.	1815

(ii) The employee, applicant, or other person is	1816
participating in a supervised drug rehabilitation program and no	1817
longer is engaging in the illegal use of any controlled substance.	1818

(iii) The employee, applicant, or other person is erroneously	1819
regarded as engaging in the illegal use of any controlled	1820
substance, but the employee, applicant, or other person is not	1821
engaging in that illegal use.	1822

(2) Divisions (A) to (E) of this section do not prohibit an	1823
employer, employment agency, personnel placement service, labor	1824
organization, or joint labor-management committee from doing any	1825
of the following:	1826

(a) Adopting or administering reasonable policies or	1827
procedures, including, but not limited to, testing for the illegal	1828
use of any controlled substance, that are designed to ensure that	1829
an individual described in division (Q)(1)(b)(i) or (ii) of this	1830
section no longer is engaging in the illegal use of any controlled	1831
substance;	1832

(b) Prohibiting the illegal use of controlled substances and	1833
the use of alcohol at the workplace by all employees;	1834

(c) Requiring that employees not be under the influence of	1835
alcohol or not be engaged in the illegal use of any controlled	1836
substance at the workplace;	1837

(d) Requiring that employees behave in conformance with the	1838
requirements established under "The Drug-Free Workplace Act of	1839
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	1840

(e) Holding an employee who engages in the illegal use of any	1841
controlled substance or who is an alcoholic to the same	1842
qualification standards for employment or job performance, and the	1843
same behavior, to which the employer, employment agency, personnel	1844
placement service, labor organization, or joint labor-management	1845
committee holds other employees, even if any unsatisfactory	1846
performance or behavior is related to an employee's illegal use of	1847
a controlled substance or alcoholism;	1848

(f) Exercising other authority recognized in the "Americans	1849
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	1850
as amended, including, but not limited to, requiring employees to	1851
comply with any applicable federal standards.	1852

(3) For purposes of this chapter, a test to determine the	1853
illegal use of any controlled substance does not include a medical	1854
examination.	1855

(4) Division (Q) of this section does not encourage,	1856
prohibit, or authorize, and shall not be construed as encouraging,	1857
prohibiting, or authorizing, the conduct of testing for the	1858
illegal use of any controlled substance by employees, applicants,	1859
or other persons, or the making of employment decisions based on	1860
the results of that type of testing.	1861

(R)(1) Nothing in this section shall prohibit any religious	1862
association, corporation, or society that is not organized for	1863
private profit, or any institution organized for educational	1864
purposes that is operated, supervised, or controlled by such a	1865
religious association, corporation, or society, from doing either	1866
of the following:	1867

(a) Limiting admission to or giving preference to persons of	1868
the same religion or denomination;	1869

(b) In matters related to sexual orientation or gender	1870
identity, taking any action with respect to education,	1871
employment, housing and real property, or use of facilities.	1872

(2) Division (R)(1) of this section shall not apply to	1873
secular business activities regularly carried on in which the	1874
religious association, corporation, or society engages if the	1875
conduct of those activities is unrelated to the religious and	1876
educational purposes for which the association, corporation, or	1877
society is organized.	1878

(S) Nothing in this section shall be construed to establish	1879
an unlawful employment practice based on actual or perceived	1880
gender identity due to the denial of access to shared shower or	1881
dressing facilities in which being seen unclothed is unavoidable,	1882
provided that the employer provides reasonable access to adequate	1883
facilities that are not inconsistent with an employee's gender	1884
identity as established with the employer at the time of initial	1885
employment or upon notification to the employer that the employee	1886
has undergone or is undergoing gender transition, whichever is	1887
later.	1888

(T) Nothing in this section shall be construed to require the	1889
construction of new or additional facilities.	1890

(U) Nothing in this section prohibits an employer from	1891
implementing, enforcing, or modifying a dress code or grooming	1892
standards not prohibited by other provisions of federal, state, or	1893
local law and requiring an employee, during the employee's hours	1894
at work, to adhere to the dress code or grooming standards,	1895
provided that the employer permits any employee who has undergone	1896
gender transition before being initially employed, and any	1897
employee who has notified the employer that the employee has	1898
undergone or is undergoing gender transition after being initially	1899
employed, to adhere to the same dress code or grooming standards	1900
to which the employee has transitioned or is transitioning.	1901

(V) Nothing in this section shall be construed to authorize	1902
or require any private employer, employment agency, or labor	1903
organization to implement quotas or affirmative action policies or	1904
programs, based on sexual orientation or gender identity.	1905

(W) Upon receiving certification of a bona fide occupational	1906
qualification from the commission, nothing in this section	1907
requires an employer, whose business is primarily religious in	1908
nature, to take any employment action that would compromise that	1909
business's religious purposes relating to sexual orientation or	1910
gender identity.	1911

(X)(1) It shall be an unlawful discriminatory practice for	1912
any employer, employment agency, or labor organization to limit,	1913
segregate, or classify its employees or applicants for employment	1914
in any way that would deprive or tend to deprive any individual of	1915
employment or otherwise adversely affect the status of the	1916
individual as an employee because of the individual's actual or	1917
perceived sexual orientation or gender identity.	1918

(2) The commission shall not collect statistics on actual or	1919
perceived sexual orientation or gender identity from any employer,	1920
employment agency, or labor organization nor compel any of them to	1921
collect such statistics.	1922

(3) Only disparate treatment claims, and not disparate impact	1923
claims, may be brought under this section on the basis of sexual	1924
orientation or gender identity. As used in division (X)(3) of this	1925
section, "disparate impact" means a facially neutral policy or	1926
practice that has a negative impact on a protected group.	1927

Sec. 4112.021.  (A) As used in this section:

1928

(1) "Credit" means the right granted by a creditor to a	1929
person to defer payment of a debt, to incur debt and defer its	1930
payment, or to purchase property or services and defer payment for	1931
the property or services.	1932

(2) "Creditor" means any person who regularly extends,	1933
renews, or continues credit, any person who regularly arranges for	1934
the extension, renewal, or continuation of credit, or any assignee	1935
of an original creditor who participates in the decision to	1936
extend, renew, or continue credit, whether or not any interest or	1937
finance charge is required.	1938

(3) "Credit reporting agency" means any person who, for	1939
monetary fees or dues or on a cooperative nonprofit basis,	1940
regularly assembles or evaluates credit information for the	1941
purpose of furnishing credit reports to creditors.	1942

(4) "Age" means any age of eighteen years or older.

1943

(B) It shall be an unlawful discriminatory practice:

1944

(1) For any creditor to do any of the following:

1945

(a) Discriminate against any applicant for credit in the	1946
granting, withholding, extending, or renewing of credit, or in the	1947
fixing of the rates, terms, or conditions of any form of credit,	1948
on the basis of race, color, religion, age, sex, sexual	1949
orientation, gender identity, military status, marital status,	1950
national origin, disability, or ancestry, except that this	1951
division shall not apply with respect to age in any real estate	1952
transaction between a financial institution, a dealer in	1953
intangibles, or an insurance company as defined in section	1954
5725.01 of the Revised Code and its customers;	1955

(b) Use or make any inquiry as to race, color, religion, age,	1956
sex, sexual orientation, gender identity, military status,	1957
marital status, national origin, disability, or ancestry for the	1958
purpose of limiting or specifying those persons to whom credit	1959
will be granted, except that an inquiry of marital status does	1960
not constitute discrimination for the purposes of this section	1961
if the inquiry is made for the purpose of ascertaining the	1962
creditor's rights and remedies applicable to the particular	1963
extension of credit, and except that creditors are excepted from	1964
this division with respect to any inquiry, elicitation of	1965
information, record, or form of application required of a	1966
particular creditor by any instrumentality or agency of the	1967
United States, or required of a particular creditor by any	1968
agency or instrumentality to enforce the "Civil Rights Act of	1969
1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c);	1970

(c) Refuse to consider the sources of income of an applicant	1971
for credit, or disregard or ignore the income of an applicant, in	1972
whole or in part, on the basis of race, color, religion, age, sex,	1973
sexual orientation, gender identity, military status, marital	1974
status, disability, national origin, or ancestry;	1975

(d) Refuse to grant credit to an individual in any name that	1976
individual customarily uses, if it has been determined in the	1977
normal course of business that the creditor will grant credit to	1978
the individual;	1979

(e) Impose any special requirements or conditions, including,	1980
but not limited to, a requirement for co-obligors or	1981
reapplication, upon any applicant or class of applicants on the	1982
basis of race, color, religion, age, sex, sexual orientation,	1983
gender identity, military status, marital status, national	1984
origin, disability, or ancestry in circumstances where similar	1985
requirements or conditions are not imposed on other applicants	1986
similarly situated, unless the special requirements or conditions	1987
that are imposed with respect to age are the result of a real	1988
estate transaction exempted under division (B)(1)(a) of this	1989
section or are the result of programs that grant preferences to	1990
certain age groups administered by instrumentalities or agencies	1991
of the United States, a state, or a political subdivision of a	1992
state;	1993

(f) Fail or refuse to provide an applicant for credit a	1994
written statement of the specific reasons for rejection of the	1995
application if requested in writing by the applicant within sixty	1996
days of the rejection. The creditor shall provide the written	1997
statement of the specific reason for rejection within thirty days	1998
after receipt of a request of that nature. For purposes of this	1999
section, a statement that the applicant was rejected solely on the	2000
basis of information received from a credit reporting agency or	2001
because the applicant failed to meet the standards required by the	2002
creditor's credit scoring system, uniformly applied, shall	2003
constitute a specific reason for rejection.	2004

(g) Fail or refuse to print on or firmly attach to each	2005
application for credit, in a type size no smaller than that used	2006
throughout most of the application form, the following notice:	2007
"The Ohio laws against discrimination require that all creditors	2008
make credit equally available to all credit worthy customers, and	2009
that credit reporting agencies maintain separate credit histories	2010
on each individual upon request. The Ohio civil rights commission	2011
administers compliance with this law." This notice is not required	2012
to be included in applications that have a multi-state	2013
distribution if the notice is mailed to the applicant with the	2014
notice of acceptance or rejection of the application.	2015

(h) Fail or refuse on the basis of race, color, religion,	2016
age, sex, sexual orientation, gender identity, military status,	2017
marital status, national origin, disability, or ancestry to	2018
maintain, upon the request of the individual, a separate	2019
account for each individual to whom credit is extended;	2020

(i) Fail or refuse on the basis of race, color, religion,	2021
age, sex, sexual orientation, gender identity, military status,	2022
marital status, national origin, disability, or ancestry to	2023
maintain records on any account established after November 1,	2024
1976, to furnish information on the accounts to credit	2025
reporting agencies in a manner that clearly designates the	2026
contractual liability for repayment as indicated on the	2027
application for the account, and, if more than one individual is	2028
contractually liable for repayment, to maintain records and	2029
furnish information in the name of each individual. This division	2030
does not apply to individuals who are contractually liable only	2031
if the primary party defaults on the account.	2032

(2) For any credit reporting agency to do any of the	2033
following:	2034

(a) Fail or refuse on the basis of race, color, religion,	2035
age, sex, sexual orientation, gender identity, military status,	2036
marital status, national origin, disability, or ancestry to	2037
maintain, upon the request of the individual, a separate file	2038
on each individual about whom information is assembled or	2039
evaluated;	2040

(b) Fail or refuse on the basis of race, color, religion,	2041
age, sex, sexual orientation, gender identity, military status,	2042
marital status, national origin, disability, or ancestry to	2043
clearly note, maintain, and report any information furnished it	2044
under division (B)(1)(i) of this section.	2045

(C) This section does not prohibit a creditor from requesting	2046
the signature of both spouses to create a valid lien, pass clear	2047
title, or waive inchoate rights to property.	2048

(D) The rights granted by this section may be enforced by	2049
aggrieved individuals by filing a civil action in a court of	2050
common pleas within one hundred eighty days after the alleged	2051
unlawful discriminatory practice occurred. Upon application by the	2052
plaintiff and in circumstances that the court considers just, the	2053
court in which a civil action under this section is brought may	2054
appoint an attorney for the plaintiff and may authorize the	2055
commencement of a civil action upon proper showing without the	2056
payment of costs. If the court finds that an unlawful	2057
discriminatory practice prohibited by this section occurred or is	2058
about to occur, the court may grant relief that it considers	2059
appropriate, including a permanent or temporary injunction,	2060
temporary restraining order, or other order, and may award to the	2061
plaintiff compensatory and punitive damages of not less than one	2062
hundred dollars, together with attorney's fees and court costs.	2063

(E) Nothing contained in this section shall bar a creditor	2064
from reviewing an application for credit on the basis of	2065
established criteria used in the normal course of business for the	2066
determination of the credit worthiness of the individual applicant	2067
for credit, including the credit history of the applicant.	2068

Sec. 4112.04.  (A) The commission shall do all of the	2069
following:	2070

(1) Establish and maintain a principal office in the city of	2071
Columbus and any other offices within the state that it considers	2072
necessary;	2073

(2) Appoint an executive director who shall serve at the	2074
pleasure of the commission and be its principal administrative	2075
officer. The executive director shall be paid a salary fixed	2076
pursuant to Chapter 124. of the Revised Code.	2077

(3) Appoint hearing examiners and other employees and agents	2078
who it considers necessary and prescribe their duties subject to	2079
Chapter 124. of the Revised Code;	2080

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2081
the provisions of this chapter and the policies and practice of	2082
the commission in connection with this chapter;	2083

(5) Formulate policies to effectuate the purposes of this	2084
chapter and make recommendations to agencies and officers of the	2085
state or political subdivisions to effectuate the policies;	2086

(6) Receive, investigate, and pass upon written charges made	2087
under oath of unlawful discriminatory practices;	2088

(7) Make periodic surveys of the existence and effect of	2089
discrimination because of race, color, religion, sex, sexual	2090
orientation, gender identity, military status, familial status,	2091
national origin, disability, age, or ancestry on the enjoyment	2092
of civil rights by persons within the state;	2093

(8) Report, from time to time, but not less than once a year,	2094
to the general assembly and the governor, describing in detail the	2095
investigations, proceedings, and hearings it has conducted and	2096
their outcome, the decisions it has rendered, and the other work	2097
performed by it, which report shall include a copy of any surveys	2098
prepared pursuant to division (A)(7) of this section and shall	2099
include the recommendations of the commission as to legislative or	2100
other remedial action;	2101

(9) Prepare a comprehensive educational program, in	2102
cooperation with the department of education, for the students of	2103
the primary and secondary public schools of this state and for all	2104
other residents of this state that is designed to eliminate	2105
prejudice on the basis of race, color, religion, sex, military	2106
status, familial status, national origin, disability, age, or	2107
ancestry in this state, to further good will among those groups,	2108
and to emphasize the origin of prejudice against those groups	2109
and discrimination, itstheir harmful effects, and itstheir	2110
incompatibility with American principles of equality and fair	2111
play;	2112

(10) Receive progress reports from agencies,	2113
instrumentalities, institutions, boards, commissions, and other	2114
entities of this state or any of its political subdivisions and	2115
their agencies, instrumentalities, institutions, boards,	2116
commissions, and other entities regarding affirmative action	2117
programs for the employment of persons against whom discrimination	2118
is prohibited by this chapter, or regarding any affirmative	2119
housing accommodations programs developed to eliminate or reduce	2120
an imbalance of race, color, religion, sex, sexual orientation,	2121
gender identity, military status, familial status, national	2122
origin, disability, or ancestry. All agencies, instrumentalities,	2123
institutions, boards, commissions, and other entities of this	2124
state or its political subdivisions, and all political	2125
subdivisions, that have undertaken affirmative action programs	2126
pursuant to a conciliation agreement with the commission, an	2127
executive order of the governor, any federal statute or rule, or	2128
an executive order of the president of the United States shall	2129
file progress reports with the commission annually on or before	2130
the first day of November. The commission shall analyze and	2131
evaluate the progress reports and report its findings annually to	2132
the general assembly on or before the thirtieth day of January of	2133
the year immediately following the receipt of the reports.	2134

(B) The commission may do any of the following:

2135

(1) Meet and function at any place within the state;

2136

(2) Initiate and undertake on its own motion investigations	2137
of problems of employment or housing accommodations	2138
discrimination;	2139

(3) Hold hearings, subpoena witnesses, compel their	2140
attendance, administer oaths, take the testimony of any person	2141
under oath, require the production for examination of any books	2142
and papers relating to any matter under investigation or in	2143
question before the commission, and make rules as to the issuance	2144
of subpoenas by individual commissioners.	2145

(a) In conducting a hearing or investigation, the commission	2146
shall have access at all reasonable times to premises, records,	2147
documents, individuals, and other evidence or possible sources of	2148
evidence and may examine, record, and copy the premises, records,	2149
documents, and other evidence or possible sources of evidence and	2150
take and record the testimony or statements of the individuals as	2151
reasonably necessary for the furtherance of the hearing or	2152
investigation. In investigations, the commission shall comply with	2153
the fourth amendment to the United States Constitution relating to	2154
unreasonable searches and seizures. The commission or a member of	2155
the commission may issue subpoenas to compel access to or the	2156
production of premises, records, documents, and other evidence or	2157
possible sources of evidence or the appearance of individuals, and	2158
may issue interrogatories to a respondent, to the same extent and	2159
subject to the same limitations as would apply if the subpoenas or	2160
interrogatories were issued or served in aid of a civil action in	2161
a court of common pleas.	2162

(b) Upon written application by a respondent, the commission	2163
shall issue subpoenas in its name to the same extent and subject	2164
to the same limitations as subpoenas issued by the commission.	2165
Subpoenas issued at the request of a respondent shall show on	2166
their face the name and address of the respondent and shall state	2167
that they were issued at the respondent's request.	2168

(c) Witnesses summoned by subpoena of the commission are	2169
entitled to the witness and mileage fees provided for under	2170
section 119.094 of the Revised Code.	2171

(d) Within five days after service of a subpoena upon any	2172
person, the person may petition the commission to revoke or modify	2173
the subpoena. The commission shall grant the petition if it finds	2174
that the subpoena requires an appearance or attendance at an	2175
unreasonable time or place, that it requires production of	2176
evidence that does not relate to any matter before the commission,	2177
that it does not describe with sufficient particularity the	2178
evidence to be produced, that compliance would be unduly onerous,	2179
or for other good reason.	2180

(e) In case of contumacy or refusal to obey a subpoena, the	2181
commission or person at whose request it was issued may petition	2182
for its enforcement in the court of common pleas in the county in	2183
which the person to whom the subpoena was addressed resides, was	2184
served, or transacts business.	2185

(4) Create local or statewide advisory agencies and	2186
conciliation councils to aid in effectuating the purposes of this	2187
chapter. The commission may itself, or it may empower these	2188
agencies and councils to, do either or both of the following:	2189

(a) Study the problems of discrimination in all or specific	2190
fields of human relationships when based on race, color, religion,	2191
sex, sexual orientation, gender identity, military status,	2192
familial status, national origin, disability, age, or ancestry;	2193

(b) Foster through community effort, or otherwise, good will	2194
among the groups and elements of the population of the state.	2195

The agencies and councils may make recommendations to the	2196
commission for the development of policies and procedures in	2197
general. They shall be composed of representative citizens who	2198
shall serve without pay, except that reimbursement for actual and	2199
necessary traveling expenses shall be made to citizens who serve	2200
on a statewide agency or council.	2201

(5) Issue any publications and the results of investigations	2202
and research that in its judgment will tend to promote good will	2203
and minimize or eliminate discrimination because of race, color,	2204
religion, sex, sexual orientation, gender identity, military	2205
status, familial status, national origin, disability, age, or	2206
ancestry.	2207

Sec. 4112.05.  (A) The commission, as provided in this	2208
section, shall prevent any person from engaging in unlawful	2209
discriminatory practices, provided that, before instituting the	2210
formal hearing authorized by division (B) of this section, it	2211
shall attempt, by informal methods of conference, conciliation,	2212
mediation, and persuasion, to induce compliance with this chapter.	2213

(B)(1) Any person may file a charge with the commission	2214
alleging that another person has engaged or is engaging in an	2215
unlawful discriminatory practice. In the case of a charge alleging	2216
an unlawful discriminatory practice described in division (A),	2217
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	2218
section 4112.021 or 4112.022 of the Revised Code, the charge shall	2219
be in writing and under oath and shall be filed with the	2220
commission within six months after the alleged unlawful	2221
discriminatory practice was committed. In the case of a charge	2222
alleging an unlawful discriminatory practice described in division	2223
(H) of section 4112.02 of the Revised Code, the charge shall be in	2224
writing and under oath and shall be filed with the commission	2225
within one year after the alleged unlawful discriminatory practice	2226
was committed.	2227

(2) Upon receiving a charge, the commission may initiate a	2228
preliminary investigation to determine whether it is probable that	2229
an unlawful discriminatory practice has been or is being engaged	2230
in. The commission also may conduct, upon its own initiative and	2231
independent of the filing of any charges, a preliminary	2232
investigation relating to any of the unlawful discriminatory	2233
practices described in division (A), (B), (C), (D), (E), (F), (I),	2234
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	2235
the Revised Code. Prior to a notification of a complainant under	2236
division (B)(4) of this section or prior to the commencement of	2237
informal methods of conference, conciliation, and persuasion under	2238
that division, the members of the commission and the officers and	2239
employees of the commission shall not make public in any manner	2240
and shall retain as confidential all information that was obtained	2241
as a result of or that otherwise pertains to a preliminary	2242
investigation other than one described in division (B)(3) of this	2243
section.	2244

(3)(a) Unless it is impracticable to do so and subject to its	2245
authority under division (B)(3)(d) of this section, the commission	2246
shall complete a preliminary investigation of a charge filed	2247
pursuant to division (B)(1) of this section that alleges an	2248
unlawful discriminatory practice described in division (H) of	2249
section 4112.02 of the Revised Code, and shall take one of the	2250
following actions, within one hundred days after the filing of the	2251
charge:	2252

(i) Notify the complainant and the respondent that it is not	2253
probable that an unlawful discriminatory practice described in	2254
division (H) of section 4112.02 of the Revised Code has been or is	2255
being engaged in and that the commission will not issue a	2256
complaint in the matter;	2257

(ii) Initiate a complaint and schedule it for informal	2258
methods of conference, conciliation, and persuasion;	2259

(iii) Initiate a complaint and refer it to the attorney	2260
general with a recommendation to seek a temporary or permanent	2261
injunction or a temporary restraining order. If this action is	2262
taken, the attorney general shall apply, as expeditiously as	2263
possible after receipt of the complaint, to the court of common	2264
pleas of the county in which the unlawful discriminatory practice	2265
allegedly occurred for the appropriate injunction or order, and	2266
the court shall hear and determine the application as	2267
expeditiously as possible.	2268

(b) If it is not practicable to comply with the requirements	2269
of division (B)(3)(a) of this section within the one-hundred-day	2270
period described in that division, the commission shall notify the	2271
complainant and the respondent in writing of the reasons for the	2272
noncompliance.	2273

(c) Prior to the issuance of a complaint under division	2274
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	2275
of the complainant and the respondent under division (B)(3)(a)(i)	2276
of this section, the members of the commission and the officers	2277
and employees of the commission shall not make public in any	2278
manner and shall retain as confidential all information that was	2279
obtained as a result of or that otherwise pertains to a	2280
preliminary investigation of a charge filed pursuant to division	2281
(B)(1) of this section that alleges an unlawful discriminatory	2282
practice described in division (H) of section 4112.05 of the	2283
Revised Code.	2284

(d) Notwithstanding the types of action described in	2285
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	2286
issuance of a complaint or the referral of a complaint to the	2287
attorney general and prior to endeavoring to eliminate an unlawful	2288
discriminatory practice described in division (H) of section	2289
4112.02 of the Revised Code by informal methods of conference,	2290
conciliation, and persuasion, the commission may seek a temporary	2291
or permanent injunction or a temporary restraining order in the	2292
court of common pleas of the county in which the unlawful	2293
discriminatory practice allegedly occurred.	2294

(4) If the commission determines after a preliminary	2295
investigation other than one described in division (B)(3) of this	2296
section that it is not probable that an unlawful discriminatory	2297
practice has been or is being engaged in, it shall notify any	2298
complainant under division (B)(1) of this section that it has so	2299
determined and that it will not issue a complaint in the matter.	2300
If the commission determines after a preliminary investigation	2301
other than the one described in division (B)(3) of this section	2302
that it is probable that an unlawful discriminatory practice has	2303
been or is being engaged in, it shall endeavor to eliminate the	2304
practice by informal methods of conference, conciliation, and	2305
persuasion.	2306

(5) Nothing said or done during informal methods of	2307
conference, conciliation, and persuasion under this section shall	2308
be disclosed by any member of the commission or its staff or be	2309
used as evidence in any subsequent hearing or other proceeding.	2310
If, after a preliminary investigation and the use of informal	2311
methods of conference, conciliation, and persuasion under this	2312
section, the commission is satisfied that any unlawful	2313
discriminatory practice will be eliminated, it may treat the	2314
charge involved as being conciliated and enter that disposition on	2315
the records of the commission. If the commission fails to effect	2316
the elimination of an unlawful discriminatory practice by informal	2317
methods of conference, conciliation, and persuasion under this	2318
section and to obtain voluntary compliance with this chapter, the	2319
commission shall issue and cause to be served upon any person,	2320
including the respondent against whom a complainant has filed a	2321
charge pursuant to division (B)(1) of this section, a complaint	2322
stating the charges involved and containing a notice of an	2323
opportunity for a hearing before the commission, a member of the	2324
commission, or a hearing examiner at a place that is stated in the	2325
notice and that is located within the county in which the alleged	2326
unlawful discriminatory practice has occurred or is occurring or	2327
in which the respondent resides or transacts business. The hearing	2328
shall be held not less than thirty days after the service of the	2329
complaint upon the complainant, the aggrieved persons other than	2330
the complainant on whose behalf the complaint is issued, and the	2331
respondent, unless the complainant, an aggrieved person, or the	2332
respondent elects to proceed under division (A)(2) of section	2333
4112.051 of the Revised Code when that division is applicable. If	2334
a complaint pertains to an alleged unlawful discriminatory	2335
practice described in division (H) of section 4112.02 of the	2336
Revised Code, the complaint shall notify the complainant, an	2337
aggrieved person, and the respondent of the right of the	2338
complainant, an aggrieved person, or the respondent to elect to	2339
proceed with the administrative hearing process under this section	2340
or to proceed under division (A)(2) of section 4112.051 of the	2341
Revised Code.	2342

(6) The attorney general shall represent the commission at	2343
any hearing held pursuant to division (B)(5) of this section and	2344
shall present the evidence in support of the complaint.	2345

(7) Any complaint issued pursuant to division (B)(5) of this	2346
section after the filing of a charge under division (B)(1) of this	2347
section shall be so issued within one year after the complainant	2348
filed the charge with respect to an alleged unlawful	2349
discriminatory practice.	2350

(C) Any complaint issued pursuant to division (B) of this	2351
section may be amended by the commission, a member of the	2352
commission, or the hearing examiner conducting a hearing under	2353
division (B) of this section, at any time prior to or during the	2354
hearing. The respondent has the right to file an answer or an	2355
amended answer to the original and amended complaints and to	2356
appear at the hearing in person, by attorney, or otherwise to	2357
examine and cross-examine witnesses.	2358

(D) The complainant shall be a party to a hearing under	2359
division (B) of this section, and any person who is an	2360
indispensable party to a complete determination or settlement of a	2361
question involved in the hearing shall be joined. Any person who	2362
has or claims an interest in the subject of the hearing and in	2363
obtaining or preventing relief against the unlawful discriminatory	2364
practices complained of may be permitted, in the discretion of the	2365
person or persons conducting the hearing, to appear for the	2366
presentation of oral or written arguments.	2367

(E) In any hearing under division (B) of this section, the	2368
commission, a member of the commission, or the hearing examiner	2369
shall not be bound by the Rules of Evidence but, in ascertaining	2370
the practices followed by the respondent, shall take into account	2371
all reliable, probative, and substantial statistical or other	2372
evidence produced at the hearing that may tend to prove the	2373
existence of a predetermined pattern of employment or membership,	2374
provided that nothing contained in this section shall be construed	2375
to authorize or require any person to observe the proportion that	2376
persons of any race, color, religion, sex, sexual orientation,	2377
gender identity, military status, familial status, national	2378
origin, disability, age, or ancestry bear to the total	2379
population or in accordance with any criterion other than the	2380
individual qualifications of the applicant.	2381

(F) The testimony taken at a hearing under division (B) of	2382
this section shall be under oath and shall be reduced to writing	2383
and filed with the commission. Thereafter, in its discretion, the	2384
commission, upon the service of a notice upon the complainant and	2385
the respondent that indicates an opportunity to be present, may	2386
take further testimony or hear argument.	2387

(G)(1) If, upon all reliable, probative, and substantial	2388
evidence presented at a hearing under division (B) of this	2389
section, the commission determines that the respondent has engaged	2390
in, or is engaging in, any unlawful discriminatory practice,	2391
whether against the complainant or others, the commission shall	2392
state its findings of fact and conclusions of law and shall issue	2393
and, subject to the provisions of Chapter 119. of the Revised	2394
Code, cause to be served on the respondent an order requiring the	2395
respondent to cease and desist from the unlawful discriminatory	2396
practice, requiring the respondent to take any further affirmative	2397
or other action that will effectuate the purposes of this chapter,	2398
including, but not limited to, hiring, reinstatement, or upgrading	2399
of employees with or without back pay, or admission or restoration	2400
to union membership, and requiring the respondent to report to the	2401
commission the manner of compliance. If the commission directs	2402
payment of back pay, it shall make allowance for interim earnings.	2403
If it finds a violation of division (H) of section 4112.02 of the	2404
Revised Code, the commission additionally shall require the	2405
respondent to pay actual damages and reasonable attorney's fees,	2406
and may award to the complainant punitive damages as follows:	2407

(a) If division (G)(1)(b) or (c) of this section does not	2408
apply, punitive damages in an amount not to exceed ten thousand	2409
dollars;	2410

(b) If division (G)(1)(c) of this section does not apply and	2411
if the respondent has been determined by a final order of the	2412
commission or by a final judgment of a court to have committed one	2413
violation of division (H) of section 4112.02 of the Revised Code	2414
during the five-year period immediately preceding the date on	2415
which a complaint was issued pursuant to division (B) of this	2416
section, punitive damages in an amount not to exceed twenty-five	2417
thousand dollars;	2418

(c) If the respondent has been determined by a final order of	2419
the commission or by a final judgment of a court to have committed	2420
two or more violations of division (H) of section 4112.02 of the	2421
Revised Code during the seven-year period immediately preceding	2422
the date on which a complaint was issued pursuant to division (B)	2423
of this section, punitive damages in an amount not to exceed fifty	2424
thousand dollars.	2425

(2) Upon the submission of reports of compliance, the	2426
commission may issue a declaratory order stating that the	2427
respondent has ceased to engage in particular unlawful	2428
discriminatory practices.	2429

(H) If the commission finds that no probable cause exists for	2430
crediting charges of unlawful discriminatory practices or if, upon	2431
all the evidence presented at a hearing under division (B) of this	2432
section on a charge, the commission finds that a respondent has	2433
not engaged in any unlawful discriminatory practice against the	2434
complainant or others, it shall state its findings of fact and	2435
shall issue and cause to be served on the complainant an order	2436
dismissing the complaint as to the respondent. A copy of the order	2437
shall be delivered in all cases to the attorney general and any	2438
other public officers whom the commission considers proper.	2439

(I) Until the time period for appeal set forth in division	2440
(H) of section 4112.06 of the Revised Code expires, the	2441
commission, subject to the provisions of Chapter 119. of the	2442
Revised Code, at any time, upon reasonable notice, and in the	2443
manner it considers proper, may modify or set aside, in whole or	2444
in part, any finding or order made by it under this section.	2445

Sec. 4112.08.  This chapter shall be construed liberally for	2446
the accomplishment of its purposes, and any law inconsistent with	2447
any provision of this chapter shall not apply. Nothing contained	2448
in this chapter shall be considered to repeal any of the	2449
provisions of any law of this state relating to discrimination	2450
because of race, color, religion, sex, sexual orientation, gender	2451
identity, military status, familial status, disability, national	2452
origin, age, or ancestry, except that any person filing a charge	2453
under division (B)(1) of section 4112.05 of the Revised Code,	2454
with respect to the unlawful discriminatory practices complained	2455
of, is barred from instituting a civil action under section	2456
4112.14 or division (N) of section 4112.02 of the Revised Code.	2457
This chapter does not limit actions, procedures, and remedies	2458
afforded under federal law.	2459

Sec. 4117.19.  (A) Every employee organization that is	2460
certified or recognized as a representative of public employees	2461
under this chapter shall file with the state employment relations	2462
board a registration report that is signed by its president or	2463
other appropriate officer. The report shall be in a form	2464
prescribed by the board and accompanied by two copies of the	2465
employee organization's constitution and bylaws. The board shall	2466
accept a filing by a statewide, national, or international	2467
employee organization of its constitution and bylaws in lieu of a	2468
filing of the documents by each subordinate organization. The	2469
exclusive representative or other employee organization	2470
originally filing its constitution and bylaws shall report,	2471
promptly, to the board all changes or amendments to its	2472
constitution and bylaws.	2473

(B) Every employee organization shall file with the board an	2474
annual report. The report shall be in a form prescribed by the	2475
board and shall contain the following information:	2476

(1) The names and addresses of the organization, any parent	2477
organization or organizations with which it is affiliated, and all	2478
organizationwide officers;	2479

(2) The name and address of its local agent for service of	2480
process;	2481

(3) A general description of the public employees the	2482
organization represents or seeks to represent;	2483

(4) The amounts of the initiation fee and monthly dues	2484
members must pay;	2485

(5) A pledge, in a form prescribed by the board, that the	2486
organization will comply with the laws of the state and that it	2487
will accept members without regard to age, race, color, sex,	2488
creed, religion, ancestry, or national origin,; disability, sexual	2489
orientation, gender identity, or military status, as those terms	2490
are defined in section 4112.01 of the Revised Code, military	2491
status as defined in that section,; or physical disability as	2492
provided by law:;	2493

(6) A financial report.

2494

(C) The constitution or bylaws of every employee organization	2495
shall do all of the following:	2496

(1) Require that the organization keep accurate accounts of	2497
all income and expenses, prepare an annual financial report, keep	2498
open for inspection by any member of the organization its	2499
accounts, and make loans to officers and agents only on terms and	2500
conditions available to all members;	2501

(2) Prohibit business or financial interests of its officers	2502
and agents, their spouses, minor children, parents, or otherwise,	2503
in conflict with the fiduciary obligation of such persons to the	2504
organization;	2505

(3) When specifically requested by the board, require every	2506
official who is designated as a fiscal officer of an employee	2507
organization and who is responsible for funds or other property of	2508
the organization or trust in which an organization is interested,	2509
or a subsidiary organization be bonded with the amount, scope, and	2510
form of the bond determined by the board;	2511

(4) Require periodic elections of officers by secret ballot	2512
subject to recognized safeguards concerning the equal right of all	2513
members to nominate, seek office, and vote in the elections, the	2514
right of individual members to participate in the affairs of the	2515
organization, and fair and equitable procedures in disciplinary	2516
actions.	2517

(D) The board shall prescribe rules necessary to govern the	2518
establishment and reporting of trusteeships over employee	2519
organizations. The establishment of trusteeships is permissible	2520
only if the constitution or bylaws of the organization set forth	2521
reasonable procedures.	2522

(E) The board may withhold certification of an employee	2523
organization that willfully refuses to register or file an annual	2524
report or that willfully refuses to comply with other provisions	2525
of this section. The board may revoke a certification of an	2526
employee organization for willfully failing to comply with this	2527
section. The board may enforce the prohibitions contained in this	2528
section by petitioning the court of common pleas of the county in	2529
which the violation occurs for an injunction. Persons complaining	2530
of a violation of this section shall file the complaint with the	2531
board.	2532

(F) Upon the written request to the board of any member of a	2533
certified employee organization and where the board determines the	2534
necessity for an audit, the board may require the employee	2535
organization to provide a certified audit of its financial	2536
records.	2537

(G) Any employee organization subject to the	2538
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	2539
519, 29 U.S.C.A., 401, as amended, may file copies with the board	2540
of all reports it is required to file under that act in lieu of	2541
compliance with all parts of this section other than division (A)	2542
of this section. The board shall accept a filing by a statewide,	2543
national, or international employee organization of its reports in	2544
lieu of a filing of such reports by each subordinate organization.	2545

Sec. 4735.16.  (A) Every real estate broker licensed under	2546
this chapter shall have and maintain a definite place of business	2547
in this state and shall erect or maintain a sign on the premises	2548
plainly stating that the licensee is a real estate broker. If the	2549
real estate broker maintains one or more branch offices, the real	2550
estate broker shall erect or maintain a sign at each branch office	2551
plainly stating that the licensee is a real estate broker.	2552

(B)(1) Any licensed real estate broker or salesperson who	2553
advertises to buy, sell, exchange, or lease real estate, or to	2554
engage in any act regulated by this chapter, including, but not	2555
limited to, any licensed real estate broker or salesperson who	2556
advertises to sell, exchange, or lease real estate that the	2557
licensee owns, shall be identified in the advertisement by name	2558
and by indicating that the licensee is a real estate broker or	2559
real estate salesperson. Except a real estate salesperson who	2560
advertises the sale, exchange, or lease of real estate that the	2561
salesperson owns and that is not listed for sale, exchange, or	2562
lease with a real estate broker, any real estate salesperson who	2563
advertises, as provided in this section, also shall indicate in	2564
the advertisement the name of the broker under whom the	2565
salesperson is licensed and the fact that the salesperson's broker	2566
is a real estate broker. The name of the broker shall be displayed	2567
in equal prominence with the name of the salesperson in the	2568
advertisement.	2569

(2) A real estate broker who is representing a seller under	2570
an exclusive right to sell or lease listing agreement shall not	2571
advertise such property to the public as "for sale by owner" or	2572
otherwise mislead the public to believe that the seller is not	2573
represented by a real estate broker.	2574

(3) If any real estate broker or real estate salesperson	2575
advertises in a manner other than as provided in this section or	2576
the rules adopted under this section, that advertisement is	2577
prima-facie evidence of a violation under division (A)(21) of	2578
section 4735.18 of the Revised Code.	2579

When the superintendent determines that prima-facie evidence	2580
of a violation of division (A)(21) of section 4735.18 of the	2581
Revised Code or any of the rules adopted thereunder exists, the	2582
superintendent may do either of the following:	2583

(a) Initiate disciplinary action under section 4735.051 of	2584
the Revised Code for a violation of division (A)(21) of section	2585
4735.18 of the Revised Code, in accordance with Chapter 119. of	2586
the Revised Code;	2587

(b) Personally, or by certified mail, serve a citation upon	2588
the licensee.	2589

(C)(1) Every citation served under this section shall give	2590
notice to the licensee of the alleged violation or violations	2591
charged and inform the licensee of the opportunity to request a	2592
hearing in accordance with Chapter 119. of the Revised Code. The	2593
citation also shall contain a statement of a fine of two hundred	2594
dollars per violation, not to exceed two thousand five hundred	2595
dollars per citation. All fines collected pursuant to this section	2596
shall be credited to the real estate recovery fund, created in the	2597
state treasury under section 4735.12 of the Revised Code.	2598

(2) If any licensee is cited three times within twelve	2599
consecutive months, the superintendent shall initiate disciplinary	2600
action pursuant to section 4735.051 of the Revised Code for any	2601
subsequent violation that occurs within the same twelve-month	2602
period.	2603

(3) If a licensee fails to request a hearing within thirty	2604
days of the date of service of the citation, or the licensee and	2605
the superintendent fail to reach an alternative agreement, the	2606
citation shall become final.	2607

(4) Unless otherwise indicated, the licensee named in a final	2608
citation must meet all requirements contained in the final	2609
citation within thirty days of the effective date of that	2610
citation.	2611

(5) The superintendent shall suspend automatically a	2612
licensee's license if the licensee fails to comply with division	2613
(C)(4) of this section.	2614

(D) A real estate broker or salesperson obtaining the	2615
signature of a party to a listing or other agreement involved in a	2616
real estate transaction shall furnish a copy of the listing or	2617
other agreement to the party immediately after obtaining the	2618
party's signature. Every broker's office shall prominently display	2619
in the same immediate area as licenses are displayed a statement	2620
that it is illegal to discriminate against any person because of	2621
race, color, religion, sex, national origin, or ancestry; or	2622
familial status as defined in section 4112.01 of the Revised	2623
Code, national origin, military status as defined in that	2624
section, disability as defined in that section, gender identity,	2625
or ancestrysexual orientation, as those terms are defined in	2626
section 4112.01 of the Revised Code, in the sale or rental of	2627
housing or residential lots, in advertising the sale or rental	2628
of housing, in the financing of housing, or in the provision of	2629
real estate brokerage services and that blockbusting also is	2630
illegal. The statement shall bear the United States department	2631
of housing and urban development equal housing logo, shall	2632
contain the information that the broker and the broker's	2633
salespersons are licensed by the division of real estate and	2634
professional licensing and that the division can assist with	2635
any consumer complaints or inquiries, and shall explain the	2636
provisions of section 4735.12 of the Revised Code. The statement	2637
shall provide the division's address and telephone number. The	2638
Ohio real estate commission shall provide by rule for the	2639
wording and size of the statement. The pamphlet required under	2640
section 4735.03 of the Revised Code shall contain the same	2641
statement that is required on the statement displayed as provided	2642
in this section and shall be made available by real estate	2643
brokers and salespersons to their clients. The commission shall	2644
provide the wording and size of the pamphlet.	2645

Sec. 4735.55.  (A) Each written agency agreement shall	2646
contain all of the following:	2647

(1) An expiration date;

2648

(2) A statement that it is illegal, pursuant to the Ohio fair	2649
housing law, division (H) of section 4112.02 of the Revised Code,	2650
and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to	2651
sell, transfer, assign, rent, lease, sublease, or finance housing	2652
accommodations, refuse to negotiate for the sale or rental of	2653
housing accommodations, or otherwise deny or make unavailable	2654
housing accommodations because of race, color, religion, sex,	2655
national origin, or ancestry; or familial status as defined in	2656
section 4112.01 of the Revised Code, ancestry, military status as	2657
defined in that section, disability as defined in that section,	2658
gender identity, or national originsexual orientation, as those	2659
terms are defined in section 4112.01 of the Revised Code, or to	2660
so discriminate in advertising the sale or rental of housing,	2661
in the financing of housing, or in the provision of real estate	2662
brokerage services;	2663

(3) A statement defining the practice known as "blockbusting"	2664
and stating that it is illegal;	2665

(4) A copy of the United States department of housing and	2666
urban development equal housing opportunity logotype, as set forth	2667
in 24 C.F.R. 109.30.	2668

(B) Each written agency agreement shall contain a place for	2669
the licensee and the client to sign and date the agreement.	2670

(C) A licensee shall furnish a copy of any written agency	2671
agreement to a client in a timely manner after the licensee and	2672
the client have signed and dated it.	2673

Sec. 4757.07.  The counselor, social worker, and marriage and	2674
family therapist board and its professional standards committees	2675
shall not discriminate against any licensee, registrant, or	2676
applicant for a license or certificate of registration under this	2677
chapter because of the person's race, color, religion, sex, or	2678
national origin,; disability, sexual orientation, or gender	2679
identity, as those terms are defined in section 4112.01 of the	2680
Revised Code,; or age. The board or committee, as appropriate,	2681
shall afford a hearing to any person who files with the board or	2682
committee a statement alleging discrimination based on any of	2683
those reasons.	2684

Sec. 4758.16. The chemical dependency professionals board	2685
shall not discriminate against any licensee, certificate holder,	2686
or applicant for a license or certificate under this chapter	2687
because of the individual's race, color, religion, gender, or	2688
national origin,; disability, sexual orientation, or gender	2689
identity, as those terms are defined in section 4112.01 of the	2690
Revised Code,; or age. The board shall afford a hearing to any	2691
individual who files with the board a statement alleging	2692
discrimination based on any of those reasons.	2693

Sec. 4765.18.  The state board of emergency medical services	2694
may suspend or revoke a certificate of accreditation or a	2695
certificate of approval issued under section 4765.17 of the	2696
Revised Code for any of the following reasons:	2697

(A) Violation of this chapter or any rule adopted under it;

2698

(B) Furnishing of false, misleading, or incomplete	2699
information to the board;	2700

(C) The signing of an application or the holding of a	2701
certificate of accreditation by a person who has pleaded guilty to	2702
or has been convicted of a felony, or has pleaded guilty to or	2703
been convicted of a crime involving moral turpitude;	2704

(D) The signing of an application or the holding of a	2705
certificate of accreditation by a person who is addicted to the	2706
use of any controlled substance or has been adjudicated	2707
incompetent for that purpose by a court, as provided in section	2708
5122.301 of the Revised Code;	2709

(E) Violation of any commitment made in an application for a	2710
certificate of accreditation or certificate of approval;	2711

(F) Presentation to prospective students of misleading,	2712
false, or fraudulent information relating to the emergency medical	2713
services training program or emergency medical services continuing	2714
education program, employment opportunities, or opportunities for	2715
enrollment in accredited institutions of higher education after	2716
entering or completing courses offered by the operator of a	2717
program;	2718

(G) Failure to maintain in a safe and sanitary condition	2719
premises and equipment used in conducting courses of study;	2720

(H) Failure to maintain financial resources adequate for the	2721
satisfactory conduct of courses of study or to retain a sufficient	2722
number of certified instructors;	2723

(I) Discrimination in the acceptance of students upon the	2724
basis of sexual orientation or gender identity as those terms are	2725
defined in section 4112.01 of the Revised Code, race, color,	2726
religion, sex, or national origin.	2727

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	2728
pursuant to division (D) of this section, no individual who has	2729
been convicted of or pleaded guilty to a violation described in	2730
division (A)(9) of section 109.572 of the Revised Code, a	2731
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	2732
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	2733
of the Revised Code or a violation of an existing or former law	2734
or ordinance of any municipal corporation, this state, any other	2735
state, or the United States that is substantially equivalent to	2736
any of those violations, or two violations of section 4511.19 of	2737
the Revised Code during operation of the center or home shall be	2738
certified as an in-home aide or be employed in any capacity in or	2739
own or operate a child day-care center, type A family day-care	2740
home, type B family day-care home, or certified type B family	2741
day-care home.	2742

(2) Each employee of a child day-care center and type A home	2743
and every person eighteen years of age or older residing in a type	2744
A home shall sign a statement on forms prescribed by the director	2745
of job and family services attesting to the fact that the employee	2746
or resident person has not been convicted of or pleaded guilty to	2747
any offense set forth in division (A)(1) of this section and that	2748
no child has been removed from the employee's or resident	2749
person's home pursuant to section 2151.353 of the Revised Code.	2750
Each licensee of a type A home shall sign a statement on a form	2751
prescribed by the director attesting to the fact that no person	2752
who resides at the type A home and who is under the age of	2753
eighteen has been adjudicated a delinquent child for committing a	2754
violation of any section listed in division (A)(1) of this	2755
section. The statements shall be kept on file at the center or	2756
type A home.	2757

(3) Each in-home aide and every person eighteen years of age	2758
or older residing in a certified type B home shall sign a	2759
statement on forms prescribed by the director of job and family	2760
services attesting that the aide or resident person has not been	2761
convicted of or pleaded guilty to any offense set forth in	2762
division (A)(1) of this section and that no child has been removed	2763
from the aide's or resident person's home pursuant to section	2764
2151.353 of the Revised Code. Each authorized provider shall sign	2765
a statement on forms prescribed by the director attesting that	2766
the provider has not been convicted of or pleaded guilty to any	2767
offense set forth in division (A)(1) of this section and that no	2768
child has been removed from the provider's home pursuant to	2769
section 2151.353 of the Revised Code. Each authorized provider	2770
shall sign a statement on a form prescribed by the director	2771
attesting to the fact that no person who resides at the certified	2772
type B home and who is under the age of eighteen has been	2773
adjudicated a delinquent child for committing a violation of any	2774
section listed in division (A)(1) of this section. The statements	2775
shall be kept on file at the county department of job and family	2776
services.	2777

(4) Each administrator and licensee of a center or type A	2778
home shall sign a statement on a form prescribed by the director	2779
of job and family services attesting that the administrator or	2780
licensee has not been convicted of or pleaded guilty to any	2781
offense set forth in division (A)(1) of this section and that no	2782
child has been removed from the administrator's or licensee's	2783
home pursuant to section 2151.353 of the Revised Code. The	2784
statement shall be kept on file at the center or type A home.	2785

(B) No in-home aide, no administrator, licensee, authorized	2786
provider, or employee of a center, type A home, or certified type	2787
B home, and no person eighteen years of age or older residing in a	2788
type A home or certified type B home shall withhold information	2789
from, or falsify information on, any statement required pursuant	2790
to division (A)(2), (3), or (4) of this section.	2791

(C) No administrator, licensee, or child-care staff member	2792
shall discriminate in the enrollment of children in a child	2793
day-care center upon the basis of sexual orientation or gender	2794
identity as those terms are defined in section 4112.01 of the	2795
Revised Code, race, color, religion, sex, or national origin.	2796

(D) The director of job and family services shall adopt rules	2797
pursuant to Chapter 119. of the Revised Code to implement this	2798
section, including rules specifying exceptions to the prohibition	2799
in division (A) of this section for persons who have been	2800
convicted of an offense listed in that division but meet	2801
rehabilitation standards set by the department.	2802

Sec. 5107.26.  (A) As used in this section:

2803

(1) "Transitional child care" means publicly funded child	2804
care provided under division (A)(3) of section 5104.34 of the	2805
Revised Code.	2806

(2) "Transitional medicaid" means the medical assistance	2807
provided under section 5111.0115 of the Revised Code.	2808

(B) Except as provided in division (C) of this section, each	2809
member of an assistance group participating in Ohio works first is	2810
ineligible to participate in the program for six payment months if	2811
a county department of job and family services determines that a	2812
member of the assistance group terminated the member's employment	2813
and each person who, on the day prior to the day a recipient	2814
begins to receive transitional child care or transitional	2815
medicaid, was a member of the recipient's assistance group is	2816
ineligible to participate in Ohio works first for six payment	2817
months if a county department determines that the recipient	2818
terminated the recipient's employment.	2819

(C) No assistance group member shall lose or be denied	2820
eligibility to participate in Ohio works first pursuant to	2821
division (B) of this section if the termination of employment was	2822
because an assistance group member or recipient of transitional	2823
child care or transitional medicaid secured comparable or better	2824
employment or the county department of job and family services	2825
certifies that the member or recipient terminated the employment	2826
with just cause.	2827

Just cause includes the following:

2828

(1) Discrimination by an employer based on sexual orientation	2829
or gender identity as those terms are defined in section 4112.01	2830
of the Revised Code, age, race, sex, color, handicap, religious	2831
beliefs, or national origin;	2832

(2) Work demands or conditions that render continued	2833
employment unreasonable, such as working without being paid on	2834
schedule;	2835

(3) Employment that has become unsuitable due to any of the	2836
following:	2837

(a) The wage is less than the federal minimum wage;

2838

(b) The work is at a site subject to a strike or lockout,	2839
unless the strike has been enjoined under section 208 of the	2840
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	2841
178, as amended, an injunction has been issued under section 10 of	2842
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	2843
amended, or an injunction has been issued under section 4117.16 of	2844
the Revised Code;	2845

(c) The documented degree of risk to the member or	2846
recipient's health and safety is unreasonable;	2847

(d) The member or recipient is physically or mentally unfit	2848
to perform the employment, as documented by medical evidence or by	2849
reliable information from other sources.	2850

(4) Documented illness of the member or recipient or of	2851
another assistance group member of the member or recipient	2852
requiring the presence of the member or recipient;	2853

(5) A documented household emergency;

2854

(6) Lack of adequate child care for children of the member or	2855
recipient who are under six years of age.	2856

Sec. 5111.31.  (A) Every provider agreement with the provider	2857
of a nursing facility or intermediate care facility for the	2858
mentally retarded shall:	2859

(1) Prohibit the provider from failing or refusing to retain	2860
as a patient any person because the person is, becomes, or may, as	2861
a patient in the facility, become a medicaid recipient. For the	2862
purposes of this division, a medicaid recipient who is a patient	2863
in a facility shall be considered a patient in the facility during	2864
any hospital stays totaling less than twenty-five days during any	2865
twelve-month period. Recipients who have been identified by the	2866
department of job and family services or its designee as requiring	2867
the level of care of an intermediate care facility for the	2868
mentally retarded shall not be subject to a maximum period of	2869
absences during which they are considered patients if prior	2870
authorization of the department for visits with relatives and	2871
friends and participation in therapeutic programs is obtained	2872
under rules adopted under section 5111.02 of the Revised Code.	2873

(2) Except as provided by division (B)(1) of this section,	2874
include any part of the facility that meets standards for	2875
certification of compliance with federal and state laws and rules	2876
for participation in the medicaid program.	2877

(3) Prohibit the provider from discriminating against any	2878
patient on the basis of sexual orientation or gender identity as	2879
those terms are defined in section 4112.01 of the Revised Code,	2880
race, color, sex, creed, or national origin.	2881

(4) Except as otherwise prohibited under section 5111.55 of	2882
the Revised Code, prohibit the provider from failing or refusing	2883
to accept a patient because the patient is, becomes, or may, as a	2884
patient in the facility, become a medicaid recipient if less than	2885
eighty per cent of the patients in the facility are medicaid	2886
recipients.	2887

(B)(1) Except as provided by division (B)(2) of this section,	2888
the following are not required to be included in a provider	2889
agreement unless otherwise required by federal law:	2890

(a) Beds added during the period beginning July 1, 1987, and	2891
ending July 1, 1993, to a nursing home licensed under Chapter	2892
3721. of the Revised Code;	2893

(b) Beds in an intermediate care facility for the mentally	2894
retarded that are designated for respite care under a medicaid	2895
waiver component operated pursuant to a waiver sought under	2896
section 5111.87 of the Revised Code.	2897

(2) If a provider chooses to include a bed specified in	2898
division (B)(1)(a) of this section in a provider agreement, the	2899
bed may not be removed from the provider agreement unless the	2900
provider withdraws the facility in which the bed is located from	2901
the medicaid program.	2902

(C) Nothing in this section shall bar a provider that is a	2903
religious organization operating a religious or denominational	2904
nursing facility or intermediate care facility for the mentally	2905
retarded from giving preference to persons of the same religion or	2906
denomination. Nothing in this section shall bar any provider from	2907
giving preference to persons with whom the provider has	2908
contracted to provide continuing care.	2909

(D) Nothing in this section shall bar the provider of a	2910
county home organized under Chapter 5155. of the Revised Code from	2911
admitting residents exclusively from the county in which the	2912
county home is located.	2913

(E) No provider of a nursing facility or intermediate care	2914
facility for the mentally retarded for which a provider agreement	2915
is in effect shall violate the provider contract obligations	2916
imposed under this section.	2917

(F) Nothing in divisions (A) and (C) of this section shall	2918
bar a provider from retaining patients who have resided in the	2919
provider's facility for not less than one year as private pay	2920
patients and who subsequently become medicaid recipients, but	2921
refusing to accept as a patient any person who is or may, as a	2922
patient in the facility, become a medicaid recipient, if all of	2923
the following apply:	2924

(1) The provider does not refuse to retain any patient who	2925
has resided in the provider's facility for not less than one year	2926
as a private pay patient because the patient becomes a medicaid	2927
recipient, except as necessary to comply with division (F)(2) of	2928
this section;	2929

(2) The number of medicaid recipients retained under this	2930
division does not at any time exceed ten per cent of all the	2931
patients in the facility;	2932

(3) On July 1, 1980, all the patients in the facility were	2933
private pay patients.	2934

Sec. 5119.61.  Any provision in this chapter that refers to a	2935
board of alcohol, drug addiction, and mental health services also	2936
refers to the community mental health board in an alcohol, drug	2937
addiction, and mental health service district that has a community	2938
mental health board.	2939

The director of mental health with respect to all facilities	2940
and programs established and operated under Chapter 340. of the	2941
Revised Code for mentally ill and emotionally disturbed persons,	2942
shall do all of the following:	2943

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	2944
that may be necessary to carry out the purposes of Chapter 340.	2945
and sections 5119.61 to 5119.63 of the Revised Code.	2946

(1) The rules shall include all of the following:

2947

(a) Rules governing a community mental health agency's	2948
services under section 340.091 of the Revised Code to an	2949
individual referred to the agency under division (C)(2) of section	2950
173.35 of the Revised Code;	2951

(b) For the purpose of division (A)(16) of section 340.03 of	2952
the Revised Code, rules governing the duties of mental health	2953
agencies and boards of alcohol, drug addiction, and mental health	2954
services under section 3722.18 of the Revised Code regarding	2955
referrals of individuals with mental illness or severe mental	2956
disability to adult care facilities and effective arrangements for	2957
ongoing mental health services for the individuals. The rules	2958
shall do at least the following:	2959

(i) Provide for agencies and boards to participate fully in	2960
the procedures owners and managers of adult care facilities must	2961
follow under division (A)(2) of section 3722.18 of the Revised	2962
Code;	2963

(ii) Specify the manner in which boards are accountable for	2964
ensuring that ongoing mental health services are effectively	2965
arranged for individuals with mental illness or severe mental	2966
disability who are referred by the board or mental health agency	2967
under contract with the board to an adult care facility.	2968

(c) Rules governing a board of alcohol, drug addiction, and	2969
mental health services when making a report to the director of	2970
health under section 3722.17 of the Revised Code regarding the	2971
quality of care and services provided by an adult care facility to	2972
a person with mental illness or a severe mental disability.	2973

(2) Rules may be adopted to govern the method of paying a	2974
community mental health facility, as defined in section 5111.023	2975
of the Revised Code, for providing services listed in division (B)	2976
of that section. Such rules must be consistent with the contract	2977
entered into between the departments of job and family services	2978
and mental health under section 5111.91 of the Revised Code and	2979
include requirements ensuring appropriate service utilization.	2980

(B) Review and evaluate, and, taking into account the	2981
findings and recommendations of the board of alcohol, drug	2982
addiction, and mental health services of the district served by	2983
the program and the requirements and priorities of the state	2984
mental health plan, including the needs of residents of the	2985
district now residing in state mental institutions, approve and	2986
allocate funds to support community programs, and make	2987
recommendations for needed improvements to boards of alcohol, drug	2988
addiction, and mental health services;	2989

(C) Withhold state and federal funds for any program, in	2990
whole or in part, from a board of alcohol, drug addiction, and	2991
mental health services in the event of failure of that program to	2992
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	2993
or 5119.62 of the Revised Code or rules of the department of	2994
mental health. The director shall identify the areas of	2995
noncompliance and the action necessary to achieve compliance. The	2996
director shall offer technical assistance to the board to achieve	2997
compliance. The director shall give the board a reasonable time	2998
within which to comply or to present its position that it is in	2999
compliance. Before withholding funds, a hearing shall be conducted	3000
to determine if there are continuing violations and that either	3001
assistance is rejected or the board is unable to achieve	3002
compliance. Subsequent to the hearing process, if it is determined	3003
that compliance has not been achieved, the director may allocate	3004
all or part of the withheld funds to a public or private agency to	3005
provide the services not in compliance until the time that there	3006
is compliance. The director shall establish rules pursuant to	3007
Chapter 119. of the Revised Code to implement this division.	3008

(D) Withhold state or federal funds from a board of alcohol,	3009
drug addiction, and mental health services that denies available	3010
service on the basis of religion, race, color, creed, sex,	3011
national origin, or age,; disability, sexual orientation, or	3012
gender identity, as those terms are defined in section 4112.01	3013
of the Revised Code,; developmental disability,; or the	3014
inability to pay;	3015

(E) Provide consultative services to community mental health	3016
agencies with the knowledge and cooperation of the board of	3017
alcohol, drug addiction, and mental health services;	3018

(F) Provide to boards of alcohol, drug addiction, and mental	3019
health services state or federal funds, in addition to those	3020
allocated under section 5119.62 of the Revised Code, for special	3021
programs or projects the director considers necessary but for	3022
which local funds are not available;	3023

(G) Establish criteria by which a board of alcohol, drug	3024
addiction, and mental health services reviews and evaluates the	3025
quality, effectiveness, and efficiency of services provided	3026
through its community mental health plan. The criteria shall	3027
include requirements ensuring appropriate service utilization. The	3028
department shall assess a board's evaluation of services and the	3029
compliance of each board with this section, Chapter 340. or	3030
section 5119.62 of the Revised Code, and other state or federal	3031
law and regulations. The department, in cooperation with the	3032
board, periodically shall review and evaluate the quality,	3033
effectiveness, and efficiency of services provided through each	3034
board. The department shall collect information that is necessary	3035
to perform these functions.	3036

(H) Develop and operate a community mental health information	3037
system.	3038

Boards of alcohol, drug abuse, and mental health services	3039
shall submit information requested by the department in the form	3040
and manner prescribed by the department. Information collected by	3041
the department shall include, but not be limited to, all of the	3042
following:	3043

(1) Information regarding units of services provided in whole	3044
or in part under contract with a board, including diagnosis and	3045
special needs, demographic information, the number of units of	3046
service provided, past treatment, financial status, and service	3047
dates in accordance with rules adopted by the department in	3048
accordance with Chapter 119. of the Revised Code;	3049

(2) Financial information other than price or price-related	3050
data regarding expenditures of boards and community mental health	3051
agencies, including units of service provided, budgeted and actual	3052
expenses by type, and sources of funds.	3053

Boards shall submit the information specified in division	3054
(H)(1) of this section no less frequently than annually for each	3055
client, and each time the client's case is opened or closed. The	3056
department shall not collect any information for the purpose of	3057
identifying by name any person who receives a service through a	3058
board of alcohol, drug addiction, and mental health services,	3059
except as required by state or federal law to validate appropriate	3060
reimbursement. For the purposes of division (H)(1) of this	3061
section, the department shall use an identification system that is	3062
consistent with applicable nationally recognized standards.	3063

(I) Review each board's community mental health plan	3064
submitted pursuant to section 340.03 of the Revised Code and	3065
approve or disapprove it in whole or in part. Periodically, in	3066
consultation with representatives of boards and after considering	3067
the recommendations of the medical director, the director shall	3068
issue criteria for determining when a plan is complete, criteria	3069
for plan approval or disapproval, and provisions for conditional	3070
approval. The factors that the director considers may include, but	3071
are not limited to, the following:	3072

(1) The mental health needs of all persons residing within	3073
the board's service district, especially severely mentally	3074
disabled children, adolescents, and adults;	3075

(2) The demonstrated quality, effectiveness, efficiency, and	3076
cultural relevance of the services provided in each service	3077
district, the extent to which any services are duplicative of	3078
other available services, and whether the services meet the needs	3079
identified above;	3080

(3) The adequacy of the board's accounting for the	3081
expenditure of funds.	3082

If the director disapproves all or part of any plan, the	3083
director shall provide the board an opportunity to present its	3084
position. The director shall inform the board of the reasons for	3085
the disapproval and of the criteria that must be met before the	3086
plan may be approved. The director shall give the board a	3087
reasonable time within which to meet the criteria, and shall offer	3088
technical assistance to the board to help it meet the criteria.	3089

If the approval of a plan remains in dispute thirty days	3090
prior to the conclusion of the fiscal year in which the board's	3091
current plan is scheduled to expire, the board or the director may	3092
request that the dispute be submitted to a mutually agreed upon	3093
third-party mediator with the cost to be shared by the board and	3094
the department. The mediator shall issue to the board and the	3095
department recommendations for resolution of the dispute. Prior to	3096
the conclusion of the fiscal year in which the current plan is	3097
scheduled to expire, the director, taking into consideration the	3098
recommendations of the mediator, shall make a final determination	3099
and approve or disapprove the plan, in whole or in part.	3100

Sec. 5123.351.  The director of mental retardation and	3101
developmental disabilities, with respect to the eligibility for	3102
state reimbursement of expenses incurred by facilities and	3103
programs established and operated under Chapter 5126. of the	3104
Revised Code for persons with mental retardation or a	3105
developmental disability, shall do all of the following:	3106

(A) Make rules that may be necessary to carry out the	3107
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	3108
5123.36 of the Revised Code;	3109

(B) Define minimum standards for qualifications of personnel,	3110
professional services, and in-service training and educational	3111
leave programs;	3112

(C) Review and evaluate community programs and make	3113
recommendations for needed improvements to county boards of mental	3114
retardation and developmental disabilities and to program	3115
directors;	3116

(D) Withhold state reimbursement, in whole or in part, from	3117
any county or combination of counties for failure to comply with	3118
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	3119
or rules of the department of mental retardation and developmental	3120
disabilities;	3121

(E) Withhold state funds from an agency, corporation, or	3122
association denying or rendering service on the basis of race,	3123
color, sex, religion, ancestry, or national origin,; disability,	3124
sexual orientation, or gender identity, as those terms are	3125
defined in section 4112.01 of the Revised Code,; or inability to	3126
pay;	3127

(F) Provide consultative staff service to communities to	3128
assist in ascertaining needs and in planning and establishing	3129
programs.	3130

Sec. 5126.07.  No county board of mental retardation and	3131
developmental disabilities or any agency, corporation, or	3132
association under contract with a county board of mental	3133
retardation and developmental disabilities shall discriminate in	3134
the provision of services under its authority or contract on the	3135
basis of sexual orientation or gender identity as those terms are	3136
defined in section 4112.01 of the Revised Code, race, color,	3137
sex, creed, disability, national origin, or the inability to	3138
pay.	3139

Each county board of mental retardation and developmental	3140
disabilities shall provide a plan of affirmative action describing	3141
its goals and methods for the provision of equal employment	3142
opportunities for all persons under its authority and shall ensure	3143
nondiscrimination in employment under its authority or contract on	3144
the basis of sexual orientation or gender identity as those terms	3145
are defined in section 4112.01 of the Revised Code, race, color,	3146
sex, creed, disability, or national origin.	3147

Sec. 5515.08.  (A) The department of transportation may	3148
contract to sell commercial advertising space within or on the	3149
outside surfaces of any building located within a roadside rest	3150
area under its jurisdiction in exchange for cash payment. Money	3151
the department receives under this section shall be deposited in	3152
the state treasury to the credit of the roadside rest area	3153
improvement fund, which is hereby created. The department shall	3154
use the money in the fund only to improve roadside rest areas in	3155
accordance with section 5529.06 of the Revised Code.	3156

(B) Advertising placed under this section shall comply with	3157
all of the following:	3158

(1) It shall not be libelous or obscene and shall not promote	3159
any illegal product or service.	3160

(2) It shall not promote illegal discrimination on the basis	3161
of the sexual orientation or gender identity as those terms are	3162
defined in section 4112.01 of the Revised Code, race, religion,	3163
national origin, handicap, age, or ancestry of any person.	3164

(3) It shall not support or oppose any candidate for	3165
political office or any political cause, issue, or organization.	3166

(4) It shall comply with any controlling federal or state	3167
regulations or restrictions.	3168

(5) To the extent physically and technically practical, it	3169
shall state that the advertisement is a paid commercial	3170
advertisement and that the state does not endorse the product or	3171
service promoted by the advertisement or make any representation	3172
about the accuracy of the advertisement or the quality or	3173
performance of the product or service promoted by the	3174
advertisement.	3175

(6) It shall conform to all applicable rules adopted by the	3176
director of transportation under division (E) of this section.	3177

(C) Contracts entered into under this section shall be	3178
awarded only to the qualified bidder who submits the highest	3179
responsive bid or according to uniformly applied rate classes.	3180

(D) No person, except an advertiser alleging a breach of	3181
contract or the improper awarding of a contract, has a cause of	3182
action against the state with respect to any contract or	3183
advertising authorized by this section. Under no circumstances is	3184
the state liable for consequential or noneconomic damages with	3185
respect to any contract or advertising authorized under this	3186
section.	3187

(E) The director, in accordance with Chapter 119. of the	3188
Revised Code, shall adopt rules to implement this section. The	3189
rules shall be consistent with the policy of protecting the safety	3190
of the traveling public and consistent with the national policy	3191
governing the use and control of such roadside rest areas. The	3192
rules shall regulate the awarding of contracts and may regulate	3193
the content, display, and other aspects of the commercial	3194
advertising authorized by this section.	3195

Sec. 5709.832.  The legislative authority of a county,	3196
township, or municipal corporation that grants an exemption from	3197
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,	3198
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the	3199
Revised Code shall develop policies to ensure that the recipient	3200
of the exemption practices nondiscriminatory hiring in its	3201
operations. As used in this section, "nondiscriminatory hiring"	3202
means that no individual may be denied employment solely on the	3203
basis of sexual orientation or gender identity as those terms are	3204
defined in section 4112.01 of the Revised Code, race, religion,	3205
sex, disability, color, national origin, or ancestry.	3206

Section 2.  That existing sections 9.03, 124.93, 125.111,	3207
340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36,	3208
3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13,	3209
3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05,	3210
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18,	3211
5104.09, 5107.26, 5111.31, 5119.61, 5123.351, 5126.07, 5515.08,	3212
and 5709.832 of the Revised Code are hereby repealed.	3213