Bill Text: OH HB335 | 2011-2012 | 129th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Introduced - Dead) 2011-09-27 - To Commerce and Labor [HB335 Detail]

Download: Ohio-2011-HB335-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 335

Representatives Antonio, McGregor 

Cosponsors: Representatives Garland, Ramos, Murray, Driehaus, Foley, Celeste, Stinziano, Slesnick, Fedor, Hagan, R., Boyd, Clyde, Yuko, Williams, Letson, Lundy, Gentile, Szollosi, Heard, Goyal, Ashford, O'Brien, Barnes 

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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

5119.623, 5123.351, 5126.07, 5515.08, and 5709.832

8

of the Revised Code to prohibit discrimination on

9

the basis of sexual orientation or gender

10

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, 5119.623, 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, gender, race, color,	46
religion, 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, sexgender, or	86
national origin,; disability, sexual orientation, gender identity,	87
or military status, as those terms are defined in section 4112.01	88
of the Revised Code,; age,; or ancestry, shall refuse to contract	89
with that physician for the provision of health care services	90
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, sexgender, or	116
age,; 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 contract	121
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, sexgender, or age,; disability,	127
sexual orientation, gender identity, or military status, as those	128
terms are defined in section 4112.01 of the Revised Code,;	129
national 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, sex	145
gender, 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
gender, or political affiliation. The rents received for such	178
facilities may be used for their repair or improvement, and any	179
balance 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, sex,or gender;	279
familial status as defined in section 4112.01 of the Revised Code,	280
military status as defined in that section, disability as defined	281
in that section, or sexual orientation, or gender identity, as	282
those terms are defined in section 4112.01 of the Revised Code;	283
ancestry,; or national origin. Any elderly person or person of low	284
or moderate income who is denied housing accommodations or has	285
them withheld by a municipal corporation because of race, color,	286
religion, sex,or gender; familial status as defined in section	287
4112.01 of the Revised Code, military status as defined in that	288
section, disability as defined in that section, sexual	289
orientation, or gender identity, as those terms are defined in	290
section 4112.01 of the Revised Code; ancestry,; or national origin	291
may file a charge with the Ohio civil rights commission as	292
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
gender, race, color, creed, ancestry, or national origin,; or	407
disability, sexual orientation or gender identity, as those terms	408
are 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, sexgender, age, religion,; military	429
status, sexual orientation, or gender identity, as those terms	430
are defined in section 4112.01 of the Revised Code,; or status as	431
a recipient of medicare or medicaid, or any health status-related	432
factor in relation to the individual. However, a health insuring	433
corporation shall not be required to accept a recipient of	434
medicare or medical assistance, if an agreement has not been	435
reached on appropriate payment mechanisms between the health	436
insuring corporation and the governmental agency administering	437
these programs. Further, except for open enrollment coverage under	438
sections 3923.58 and 3923.581 of the Revised Code, a health	439
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 to	454
the health insuring corporation pursuant to section 1751.19 of the	455
Revised Code. The enrollee may, within thirty days after receiving	456
a written response from the health insuring corporation, appeal	457
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, sexgender,	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 those	480
terms are defined in section 4112.01 of the Revised Code, and	481
because that person is or has been selling, purchasing, renting,	482
financing, occupying, contracting, or negotiating for the sale,	483
purchase, rental, financing, or occupation of any housing	484
accommodations, or applying for or participating in any service,	485
organization, or facility relating to the business of selling or	486
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, sexgender, national origin, or ancestry; or	492
familial 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, sexgender,	505
national origin, or ancestry; or familial status as defined in	506
section 4112.01 of the Revised Code, national origin, military	507
status as defined in that section, disability as defined in that	508
section, gender identity, or ancestry,sexual orientation, as	509
those 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 the	513
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, national	543
origin, or ancestry. A shelter does not qualify for funds in the	544
second half of any year if its application projects the provision	545
of residential service and such service has not been provided in	546
the first half of that year; such a shelter does not qualify for	547
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 DD boards,	553
or eligible nonpublic schools. The rules shall include the	554
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 sexgender; and that preschool	569
staff members and nonteaching employees are assigned	570
responsibilities in accordance with written position descriptions	571
commensurate 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 of	595
the rehabilitation services commission to serve at the pleasure of	596
the governor and shall fix the administrator's compensation. The	597
administrator shall devote the administrator's entire time to the	598
duties of the administrator's office, shall hold no other office	599
or position of trust and profit, and shall engage in no other	600
business during the administrator's term of office. The governor	601
may grant the administrator the authority to appoint, remove, and	602
discipline without regard to sexsexual orientation or gender	603
identity as those terms are defined in section 4112.01 of the	604
Revised Code, gender, race, creed, color, age, or national origin,	605
such other professional, administrative, and clerical staff	606
members as are necessary to carry out the functions and duties of	607
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 sexsexual	618
orientation or gender identity as those terms are defined in	619
section 4112.01 of the Revised Code, gender, race, creed, color,	620
age, or national origin, such other professional, administrative,	621
and clerical staff members as are necessary to carry out the	622
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
sexsexual orientation or gender identity as those terms are	666
defined in section 4112.01 of the Revised Code, gender, race,	667
religion, or national origin when assigning pupils to attendance	668
schedules 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 sexgender	696
except 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 sexgender at separate	702
locations.	703

(b) The governing authority may establish a school that	704
simultaneously serves a group of students identified as autistic	705
and a group of students who are not disabled, as authorized in	706
section 3314.061 of the Revised Code. However, unless the total	707
capacity established for the school has been filled, no student	708
with any disability shall be denied admission on the basis of that	709
disability.	710

(2) That upon admission of any student with a disability, the	711
community school will comply with all federal and state laws	712
regarding the education of students with disabilities.	713

(E) That the school may not limit admission to students on	714
the basis of intellectual ability, measures of achievement or	715
aptitude, or athletic ability, except that a school may limit its	716
enrollment to students as described in division (B) of this	717
section.	718

(F) That the community school will admit the number of	719
students that does not exceed the capacity of the school's	720
programs, classes, grade levels, or facilities.	721

(G) That the purpose of single-gender schools that are	722
established shall be to take advantage of the academic benefits	723
some students realize from single-gender instruction and	724
facilities and to offer students and parents residing in the	725
district the option of a single-gender education.	726

(H) That, except as otherwise provided under division (B) of	727
this section or section 3314.061 of the Revised Code, if the	728
number of applicants exceeds the capacity restrictions of division	729
(F) of this section, students shall be admitted by lot from all	730
those submitting applications, except preference shall be given to	731
students attending the school the previous year and to students	732
who reside in the district in which the school is located.	733
Preference may be given to siblings of students attending the	734
school the previous year.	735

Notwithstanding divisions (A) to (H) of this section, in the	736
event the racial composition of the enrollment of the community	737
school is violative of a federal desegregation order, the	738
community school shall take any and all corrective measures to	739
comply with the desegregation order.	740

Sec. 3332.09.  The state board of career colleges and schools	741
may limit, suspend, revoke, or refuse to issue or renew a	742
certificate of registration or program authorization or may impose	743
a penalty pursuant to section 3332.091 of the Revised Code for any	744
one or combination of the following causes:	745

(A) Violation of any provision of sections 3332.01 to 3332.09	746
of the Revised Code, the board's minimum standards, or any rule	747
made by the board;	748

(B) Furnishing of false, misleading, deceptive, altered, or	749
incomplete information or documents to the board;	750

(C) The signing of an application or the holding of a	751
certificate of registration by a person who has pleaded guilty or	752
has been found guilty of a felony or has pleaded guilty or been	753
found guilty of a crime involving moral turpitude;	754

(D) The signing of an application or the holding of a	755
certificate of registration by a person who is addicted to the use	756
of any controlled substance, or who is found to be mentally	757
incompetent;	758

(E) Violation of any commitment made in an application for a	759
certificate of registration or program authorization;	760

(F) Presenting to prospective students, either at the time of	761
solicitation or enrollment, or through advertising, mail	762
circulars, or phone solicitation, misleading, deceptive, false, or	763
fraudulent information relating to any program, employment	764
opportunity, or opportunities for enrollment in accredited	765
institutions of higher education after entering or completing	766
programs offered by the holder of a certificate of registration;	767

(G) Failure to provide or maintain premises or equipment for	768
offering programs in a safe and sanitary condition;	769

(H) Refusal by an agent to display the agent's permit upon	770
demand of a prospective student or other interested person;	771

(I) Failure to maintain financial resources adequate for the	772
satisfactory conduct of programs as presented in the plan of	773
operation or to retain a sufficient number and qualified staff of	774
instruction, except that nothing in this chapter requires an	775
instructor to be licensed by the state board of education or to	776
hold any type of post-high school degree;	777

(J) Offering training or programs other than those presented	778
in the application, except that schools may offer special courses	779
adapted to the needs of individual students when the special	780
courses are in the subject field specified in the application;	781

(K) Discrimination in the acceptance of students upon the	782
basis of sexual orientation or gender identity as those terms are	783
defined in section 4112.01 of the Revised Code, race, color,	784
religion, sexgender, or national origin;	785

(L) Accepting the services of an agent not holding a valid	786
permit issued under section 3332.10 or 3332.11 of the Revised	787
Code;	788

(M) The use of monetary or other valuable consideration by	789
the school's agents or representatives to induce prospective	790
students to enroll in the school, or the practice of awarding	791
monetary or other valuable considerations without board approval	792
to students in exchange for procuring the enrollment of others;	793

(N) Failure to provide at the request of the board, any	794
information, records, or files pertaining to the operation of the	795
school or recruitment and enrollment of students.	796

If the board modifies or adopts additional minimum standards	797
or rules pursuant to section 3332.031 of the Revised Code, all	798
schools and agents shall have sixty days from the effective date	799
of the modifications or additional standards or rules to comply	800
with such modifications or additions.	801

Sec. 3721.13.  (A) The rights of residents of a home shall	802
include, but are not limited to, the following:	803

(1) The right to a safe and clean living environment pursuant	804
to the medicare and medicaid programs and applicable state laws	805
and regulations prescribed by the public health council;	806

(2) The right to be free from physical, verbal, mental, and	807
emotional abuse and to be treated at all times with courtesy,	808
respect, and full recognition of dignity and individuality;	809

(3) Upon admission and thereafter, the right to adequate and	810
appropriate medical treatment and nursing care and to other	811
ancillary services that comprise necessary and appropriate care	812
consistent with the program for which the resident contracted.	813
This care shall be provided without regard to considerations such	814
as sexual orientation or gender identity as those terms are	815
defined in section 4112.01 of the Revised Code, race, color,	816
religion, national origin, age, gender, or source of payment for	817
care.	818

(4) The right to have all reasonable requests and inquiries	819
responded to promptly;	820

(5) The right to have clothes and bed sheets changed as the	821
need arises, to ensure the resident's comfort or sanitation;	822

(6) The right to obtain from the home, upon request, the name	823
and any specialty of any physician or other person responsible for	824
the resident's care or for the coordination of care;	825

(7) The right, upon request, to be assigned, within the	826
capacity of the home to make the assignment, to the staff	827
physician of the resident's choice, and the right, in accordance	828
with the rules and written policies and procedures of the home, to	829
select as the attending physician a physician who is not on the	830
staff of the home. If the cost of a physician's services is to be	831
met under a federally supported program, the physician shall meet	832
the federal laws and regulations governing such services.	833

(8) The right to participate in decisions that affect the	834
resident's life, including the right to communicate with the	835
physician and employees of the home in planning the resident's	836
treatment or care and to obtain from the attending physician	837
complete and current information concerning medical condition,	838
prognosis, and treatment plan, in terms the resident can	839
reasonably be expected to understand; the right of access to all	840
information in the resident's medical record; and the right to	841
give or withhold informed consent for treatment after the	842
consequences of that choice have been carefully explained. When	843
the attending physician finds that it is not medically advisable	844
to give the information to the resident, the information shall be	845
made available to the resident's sponsor on the resident's behalf,	846
if the sponsor has a legal interest or is authorized by the	847
resident to receive the information. The home is not liable for a	848
violation of this division if the violation is found to be the	849
result of an act or omission on the part of a physician selected	850
by the resident who is not otherwise affiliated with the home.	851

(9) The right to withhold payment for physician visitation if	852
the physician did not visit the resident;	853

(10) The right to confidential treatment of personal and	854
medical records, and the right to approve or refuse the release of	855
these records to any individual outside the home, except in case	856
of transfer to another home, hospital, or health care system, as	857
required by law or rule, or as required by a third-party payment	858
contract;	859

(11) The right to privacy during medical examination or	860
treatment and in the care of personal or bodily needs;	861

(12) The right to refuse, without jeopardizing access to	862
appropriate medical care, to serve as a medical research subject;	863

(13) The right to be free from physical or chemical	864
restraints or prolonged isolation except to the minimum extent	865
necessary to protect the resident from injury to self, others, or	866
to property and except as authorized in writing by the attending	867
physician for a specified and limited period of time and	868
documented in the resident's medical record. Prior to authorizing	869
the use of a physical or chemical restraint on any resident, the	870
attending physician shall make a personal examination of the	871
resident and an individualized determination of the need to use	872
the restraint on that resident.	873

Physical or chemical restraints or isolation may be used in	874
an emergency situation without authorization of the attending	875
physician only to protect the resident from injury to self or	876
others. Use of the physical or chemical restraints or isolation	877
shall not be continued for more than twelve hours after the onset	878
of the emergency without personal examination and authorization by	879
the attending physician. The attending physician or a staff	880
physician may authorize continued use of physical or chemical	881
restraints for a period not to exceed thirty days, and at the end	882
of this period and any subsequent period may extend the	883
authorization for an additional period of not more than thirty	884
days. The use of physical or chemical restraints shall not be	885
continued without a personal examination of the resident and the	886
written authorization of the attending physician stating the	887
reasons for continuing the restraint.	888

If physical or chemical restraints are used under this	889
division, the home shall ensure that the restrained resident	890
receives a proper diet. In no event shall physical or chemical	891
restraints or isolation be used for punishment, incentive, or	892
convenience.	893

(14) The right to the pharmacist of the resident's choice and	894
the right to receive pharmaceutical supplies and services at	895
reasonable prices not exceeding applicable and normally accepted	896
prices for comparably packaged pharmaceutical supplies and	897
services within the community;	898

(15) The right to exercise all civil rights, unless the	899
resident has been adjudicated incompetent pursuant to Chapter	900
2111. of the Revised Code and has not been restored to legal	901
capacity, as well as the right to the cooperation of the home's	902
administrator in making arrangements for the exercise of the right	903
to vote;	904

(16) The right of access to opportunities that enable the	905
resident, at the resident's own expense or at the expense of a	906
third-party payer, to achieve the resident's fullest potential,	907
including educational, vocational, social, recreational, and	908
habilitation programs;	909

(17) The right to consume a reasonable amount of alcoholic	910
beverages at the resident's own expense, unless not medically	911
advisable as documented in the resident's medical record by the	912
attending physician or unless contradictory to written admission	913
policies;	914

(18) The right to use tobacco at the resident's own expense	915
under the home's safety rules and under applicable laws and rules	916
of the state, unless not medically advisable as documented in the	917
resident's medical record by the attending physician or unless	918
contradictory to written admission policies;	919

(19) The right to retire and rise in accordance with the	920
resident's reasonable requests, if the resident does not disturb	921
others or the posted meal schedules and upon the home's request	922
remains in a supervised area, unless not medically advisable as	923
documented by the attending physician;	924

(20) The right to observe religious obligations and	925
participate in religious activities; the right to maintain	926
individual and cultural identity; and the right to meet with and	927
participate in activities of social and community groups at the	928
resident's or the group's initiative;	929

(21) The right upon reasonable request to private and	930
unrestricted communications with the resident's family, social	931
worker, and any other person, unless not medically advisable as	932
documented in the resident's medical record by the attending	933
physician, except that communications with public officials or	934
with the resident's attorney or physician shall not be restricted.	935
Private and unrestricted communications shall include, but are not	936
limited to, the right to:	937

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

938

(b) Reasonable access to a telephone for private	939
communications;	940

(c) Private visits at any reasonable hour.

941

(22) The right to assured privacy for visits by the spouse,	942
or if both are residents of the same home, the right to share a	943
room within the capacity of the home, unless not medically	944
advisable as documented in the resident's medical record by the	945
attending physician;	946

(23) The right upon reasonable request to have room doors	947
closed and to have them not opened without knocking, except in the	948
case of an emergency or unless not medically advisable as	949
documented in the resident's medical record by the attending	950
physician;	951

(24) The right to retain and use personal clothing and a	952
reasonable amount of possessions, in a reasonably secure manner,	953
unless to do so would infringe on the rights of other residents or	954
would not be medically advisable as documented in the resident's	955
medical record by the attending physician;	956

(25) The right to be fully informed, prior to or at the time	957
of admission and during the resident's stay, in writing, of the	958
basic rate charged by the home, of services available in the home,	959
and of any additional charges related to such services, including	960
charges for services not covered under the medicare or medicaid	961
program. The basic rate shall not be changed unless thirty days'	962
notice is given to the resident or, if the resident is unable to	963
understand this information, to the resident's sponsor.	964

(26) The right of the resident and person paying for the care	965
to examine and receive a bill at least monthly for the resident's	966
care from the home that itemizes charges not included in the basic	967
rates;	968

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

969

(b) The right to manage the resident's own personal financial	970
affairs, or, if the resident has delegated this responsibility in	971
writing to the home, to receive upon written request at least a	972
quarterly accounting statement of financial transactions made on	973
the resident's behalf. The statement shall include:	974

(i) A complete record of all funds, personal property, or	975
possessions of a resident from any source whatsoever, that have	976
been deposited for safekeeping with the home for use by the	977
resident or the resident's sponsor;	978

(ii) A listing of all deposits and withdrawals transacted,	979
which shall be substantiated by receipts which shall be available	980
for inspection and copying by the resident or sponsor.	981

(28) The right of the resident to be allowed unrestricted	982
access to the resident's property on deposit at reasonable hours,	983
unless requests for access to property on deposit are so	984
persistent, continuous, and unreasonable that they constitute a	985
nuisance;	986

(29) The right to receive reasonable notice before the	987
resident's room or roommate is changed, including an explanation	988
of the reason for either change.	989

(30) The right not to be transferred or discharged from the	990
home unless the transfer is necessary because of one of the	991
following:	992

(a) The welfare and needs of the resident cannot be met in	993
the home.	994

(b) The resident's health has improved sufficiently so that	995
the resident no longer needs the services provided by the home.	996

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

997

(d) The health of individuals in the home would otherwise be	998
endangered.	999

(e) The resident has failed, after reasonable and appropriate	1000
notice, to pay or to have the medicare or medicaid program pay on	1001
the resident's behalf, for the care provided by the home. A	1002
resident shall not be considered to have failed to have the	1003
resident's care paid for if the resident has applied for medicaid,	1004
unless both of the following are the case:	1005

(i) The resident's application, or a substantially similar	1006
previous application, has been denied by the county department of	1007
job and family services.	1008

(ii) If the resident appealed the denial pursuant to division	1009
(C) of section 5101.35 of the Revised Code, the director of job	1010
and family services has upheld the denial.	1011

(f) The home's license has been revoked, the home is being	1012
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	1013
or section 5155.31 of the Revised Code, or the home otherwise	1014
ceases to operate.	1015

(g) The resident is a recipient of medicaid, and the home's	1016
participation in the medicaid program is involuntarily terminated	1017
or denied.	1018

(h) The resident is a beneficiary under the medicare program,	1019
and the home's participation in the medicare program is	1020
involuntarily terminated or denied.	1021

(31) The right to voice grievances and recommend changes in	1022
policies and services to the home's staff, to employees of the	1023
department of health, or to other persons not associated with the	1024
operation of the home, of the resident's choice, free from	1025
restraint, interference, coercion, discrimination, or reprisal.	1026
This right includes access to a residents' rights advocate, and	1027
the right to be a member of, to be active in, and to associate	1028
with persons who are active in organizations of relatives and	1029
friends of nursing home residents and other organizations engaged	1030
in assisting residents.	1031

(32) The right to have any significant change in the	1032
resident's health status reported to the resident's sponsor. As	1033
soon as such a change is known to the home's staff, the home shall	1034
make a reasonable effort to notify the sponsor within twelve	1035
hours.	1036

(B) A sponsor may act on a resident's behalf to assure that	1037
the home does not deny the residents' rights under sections	1038
3721.10 to 3721.17 of the Revised Code.	1039

(C) Any attempted waiver of the rights listed in division (A)	1040
of this section is void.	1041

Sec. 3905.55.  (A) Except as provided in division (B) of this	1042
section, an agent may charge a consumer a fee if all of the	1043
following conditions are met:	1044

(1) The fee is disclosed to the consumer in a manner that	1045
separately identifies the fee and the premium.	1046

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

1047

(3) The fee is not refunded, forgiven, waived, offset, or	1048
reduced by any commission earned or received for any policy or	1049
coverage sold.	1050

(4) The amount of the fee, and the consumer's obligation to	1051
pay the fee, are not conditioned upon the occurrence of a future	1052
event or condition, such as the purchase, cancellation, lapse,	1053
declination, or nonrenewal of insurance.	1054

(5) The agent discloses to the consumer that the fee is being	1055
charged by the agent and not by the insurance company, that	1056
neither state law nor the insurance company requires the agent to	1057
charge the fee, and that the fee is not refundable.	1058

(6) The consumer consents to the fee.

1059

(7) The agent, in charging the fee, does not discriminate on	1060
the basis of race, sexgender, national origin, religion,	1061
disability, health status, age, marital status,; disability,	1062
military status, gender identity, or sexual orientation, as those	1063
terms are defined in section 4112.01 of the Revised Code,; or	1064
geographic location, and does not unfairly discriminate between	1065
persons of essentially the same class and of essentially the same	1066
hazard or expectation of life.	1067

(B) A fee may not be charged for taking or submitting an	1068
initial application for coverage with any one insurer or different	1069
programs with the same insurer, or processing a change to an	1070
existing policy, a cancellation, a claim, or a renewal, in	1071
connection with any of the following personal lines policies:	1072

(1) Private passenger automobile;

1073

(2) Homeowners, including coverage for tenants or condominium	1074
owners, owner-occupied fire or dwelling property coverage,	1075
personal umbrella liability, or any other personal lines-related	1076
coverage whether sold as a separate policy or as an endorsement to	1077
another personal lines policy;	1078

(3) Individual life insurance;

1079

(4) Individual sickness or accident insurance;

1080

(5) Disability income policies;

1081

(6) Credit insurance products.

1082

(C) Notwithstanding any other provision of this section, an	1083
agent may charge a fee for agent services in connection with a	1084
policy issued on a no-commission basis, if the agent provides the	1085
consumer with prior disclosure of the fee and of the services to	1086
be provided.	1087

(D) In the event of a dispute between an agent and a consumer	1088
regarding any disclosure required by this section, the agent has	1089
the burden of proving that the disclosure was made.	1090

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

1091

(2) Whoever violates division (E)(1) of this section is	1092
deemed to have engaged in an unfair and deceptive act or practice	1093
in the business of insurance under sections 3901.19 to 3901.26 of	1094
the Revised Code.	1095

(F) This section does not apply with respect to any expense	1096
fee charged by a surety bail bond agent to cover the costs	1097
incurred by the surety bail bond agent in executing the bail bond.	1098

Sec. 4111.17.  (A) No employer, including the state and	1099
political subdivisions thereof, shall discriminate in the payment	1100
of wages on the basis of sexual orientation or gender identity as	1101
those terms are defined in section 4112.01 of the Revised Code,	1102
race, color, religion, sexgender, age, national origin, or	1103
ancestry by paying wages to any employee at a rate less than the	1104
rate at which the employer pays wages to another employee for	1105
equal work on jobs the performance of which requires equal skill,	1106
effort, and responsibility, and which are performed under similar	1107
conditions.	1108

(B) Nothing in this section prohibits an employer from paying	1109
wages to one employee at a rate different from that at which the	1110
employer pays another employee for the performance of equal work	1111
under similar conditions on jobs requiring equal skill, effort,	1112
and responsibility, when the payment is made pursuant to any of	1113
the following:	1114

(1) A seniority system;

1115

(2) A merit system;

1116

(3) A system which measures earnings by the quantity or	1117
quality of production;	1118

(4) A wage rate differential determined by any factor other	1119
than sexual orientation or gender identity as those terms are	1120
defined in section 4112.01 of the Revised Code, race, color,	1121
religion, sexgender, age, national origin, or ancestry.	1122

(C) No employer shall reduce the wage rate of any employee in	1123
order to comply with this section.	1124

(D) The director of commerce shall carry out, administer, and	1125
enforce this section. Any employee discriminated against in	1126
violation of this section may sue in any court of competent	1127
jurisdiction to recover two times the amount of the difference	1128
between the wages actually received and the wages received by a	1129
person performing equal work for the employer, from the date of	1130
the commencement of the violation, and for costs, including	1131
attorney fees. The director may take an assignment of any such	1132
wage claim in trust for such employee and sue in the employee's	1133
behalf. In any civil action under this section, two or more	1134
employees of the same employer may join as co-plaintiffs in one	1135
action. The director may sue in one action for claims assigned to	1136
the director by two or more employees of the same employer. No	1137
agreement to work for a discriminatory wage constitutes a defense	1138
for any civil or criminal action to enforce this section. No	1139
employer shall discriminate against any employee because such	1140
employee makes a complaint or institutes, or testifies in, any	1141
proceeding under this section.	1142

(E) Any action arising under this section shall be initiated	1143
within one year after the date of violation.	1144

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

1145

(1) "Person" includes one or more individuals, partnerships,	1146
associations, organizations, corporations, legal representatives,	1147
trustees, trustees in bankruptcy, receivers, and other organized	1148
groups of persons. "Person" also includes, but is not limited to,	1149
any owner, lessor, assignor, builder, manager, broker,	1150
salesperson, appraiser, agent, employee, lending institution, and	1151
the state and all political subdivisions, authorities, agencies,	1152
boards, and commissions of the state.	1153

(2) "Employer" includes the state, any political subdivision	1154
of the state, any person employing four or more persons within the	1155
state, and any person acting directly or indirectly in the	1156
interest of an employer, except that for purposes of	1157
discrimination based upon sexual orientation or gender identity,	1158
"employer" includes the state, any political subdivision of the	1159
state, any person employing fifteen or more persons within the	1160
state, and any person acting directly or indirectly in the	1161
interest of an employer.	1162

(3) "Employee" means an individual employed by any employer	1163
but does not include any individual employed in the domestic	1164
service of any person.	1165

(4) "Labor organization" includes any organization that	1166
exists, in whole or in part, for the purpose of collective	1167
bargaining or of dealing with employers concerning grievances,	1168
terms or conditions of employment, or other mutual aid or	1169
protection in relation to employment.	1170

(5) "Employment agency" includes any person regularly	1171
undertaking, with or without compensation, to procure	1172
opportunities to work or to procure, recruit, refer, or place	1173
employees.	1174

(6) "Commission" means the Ohio civil rights commission	1175
created by section 4112.03 of the Revised Code.	1176

(7) "Discriminate" includes segregate or separate.

1177

(8) "Unlawful discriminatory practice" means any act	1178
prohibited by section 4112.02, 4112.021, or 4112.022 of the	1179
Revised Code.	1180

(9) "Place of public accommodation" means any inn,	1181
restaurant, eating house, barbershop, public conveyance by air,	1182
land, or water, theater, store, other place for the sale of	1183
merchandise, or any other place of public accommodation or	1184
amusement of which the accommodations, advantages, facilities, or	1185
privileges are available to the public.	1186

(10) "Housing accommodations" includes any building or	1187
structure, or portion of a building or structure, that is used or	1188
occupied or is intended, arranged, or designed to be used or	1189
occupied as the home residence, dwelling, dwelling unit, or	1190
sleeping place of one or more individuals, groups, or families	1191
whether or not living independently of each other; and any vacant	1192
land offered for sale or lease. "Housing accommodations" also	1193
includes any housing accommodations held or offered for sale or	1194
rent by a real estate broker, salesperson, or agent, by any other	1195
person pursuant to authorization of the owner, by the owner, or by	1196
the owner's legal representative.	1197

(11) "Restrictive covenant" means any specification limiting	1198
the transfer, rental, lease, or other use of any housing	1199
accommodations because of race, color, religion, sexgender,	1200
military status, familial status, national origin, disability, or	1201
ancestry, or any limitation based upon affiliation with or	1202
approval by any person, directly or indirectly, employing race,	1203
color, religion, sexgender, military status, familial status,	1204
national origin, disability, or ancestry as a condition of	1205
affiliation or approval.	1206

(12) "Burial lot" means any lot for the burial of deceased	1207
persons within any public burial ground or cemetery, including,	1208
but not limited to, cemeteries owned and operated by municipal	1209
corporations, townships, or companies or associations incorporated	1210
for cemetery purposes.	1211

(13) "Disability" means a physical or mental impairment that	1212
substantially limits one or more major life activities, including	1213
the functions of caring for one's self, performing manual tasks,	1214
walking, seeing, hearing, speaking, breathing, learning, and	1215
working; a record of a physical or mental impairment; or being	1216
regarded as having a physical or mental impairment.	1217

(14) Except as otherwise provided in section 4112.021 of the	1218
Revised Code, "age" means at least forty years old.	1219

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

1220

(a) One or more individuals who are under eighteen years of	1221
age and who are domiciled with a parent or guardian having legal	1222
custody of the individual or domiciled, with the written	1223
permission of the parent or guardian having legal custody, with a	1224
designee of the parent or guardian;	1225

(b) Any person who is pregnant or in the process of securing	1226
legal custody of any individual who is under eighteen years of	1227
age.	1228

(16)(a) Except as provided in division (A)(16)(b) of this	1229
section, "physical or mental impairment" includes any of the	1230
following:	1231

(i) Any physiological disorder or condition, cosmetic	1232
disfigurement, or anatomical loss affecting one or more of the	1233
following body systems: neurological; musculoskeletal; special	1234
sense organs; respiratory, including speech organs;	1235
cardiovascular; reproductive; digestive; genito-urinary; hemic and	1236
lymphatic; skin; and endocrine;	1237

(ii) Any mental or psychological disorder, including, but not	1238
limited to, mental retardation, organic brain syndrome, emotional	1239
or mental illness, and specific learning disabilities;	1240

(iii) Diseases and conditions, including, but not limited to,	1241
orthopedic, visual, speech, and hearing impairments, cerebral	1242
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	1243
cancer, heart disease, diabetes, human immunodeficiency virus	1244
infection, mental retardation, emotional illness, drug addiction,	1245
and alcoholism.	1246

(b) "Physical or mental impairment" does not include any of	1247
the following:	1248

(i) Homosexuality and bisexuality;

1249

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	1250
voyeurism, gender identity disorders not resulting from physical	1251
impairments, or other sexual behavior disorders;	1252

(iii) Compulsive gambling, kleptomania, or pyromania;

1253

(iv) Psychoactive substance use disorders resulting from the	1254
current illegal use of a controlled substance or the current use	1255
of alcoholic beverages.	1256

(17) "Dwelling unit" means a single unit of residence for a	1257
family of one or more persons.	1258

(18) "Common use areas" means rooms, spaces, or elements	1259
inside or outside a building that are made available for the use	1260
of residents of the building or their guests, and includes, but is	1261
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	1262
rooms, mail rooms, recreational areas, and passageways among and	1263
between buildings.	1264

(19) "Public use areas" means interior or exterior rooms or	1265
spaces of a privately or publicly owned building that are made	1266
available to the general public.	1267

(20) "Controlled substance" has the same meaning as in	1268
section 3719.01 of the Revised Code.	1269

(21) "Disabled tenant" means a tenant or prospective tenant	1270
who is a person with a disability.	1271

(22) "Military status" means a person's status in "service in	1272
the uniformed services" as defined in section 5923.05 of the	1273
Revised Code.	1274

(23) "Aggrieved person" includes both of the following:

1275

(a) Any person who claims to have been injured by any	1276
unlawful discriminatory practice described in division (H) of	1277
section 4112.02 of the Revised Code;	1278

(b) Any person who believes that the person will be injured	1279
by, any unlawful discriminatory practice described in division (H)	1280
of section 4112.02 of the Revised Code that is about to occur.	1281

(24) "Sexual orientation" means actual or perceived,	1282
heterosexuality, homosexuality, or bisexuality.	1283

(25) "Gender identity" means the gender-related identity,	1284
appearance, or mannerisms or other gender-related characteristics	1285
of an individual, with or without regard to the individual's	1286
designated gender at birth.	1287

(B) For the purposes of divisions (A) to (F) of section	1288
4112.02 of the Revised Code, the terms "because of sexgender" and	1289
"on the basis of sexgender" include, but are not limited to,	1290
because of or on the basis of pregnancy, any illness arising out	1291
of and occurring during the course of a pregnancy, childbirth, or	1292
related medical conditions. Women affected by pregnancy,	1293
childbirth, or related medical conditions shall be treated the	1294
same for all employment-related purposes, including receipt of	1295
benefits under fringe benefit programs, as other persons not so	1296
affected but similar in their ability or inability to work, and	1297
nothing in division (B) of section 4111.17 of the Revised Code	1298
shall be interpreted to permit otherwise. This division shall not	1299
be construed to require an employer to pay for health insurance	1300
benefits for abortion, except where the life of the mother would	1301
be endangered if the fetus were carried to term or except where	1302
medical complications have arisen from the abortion, provided that	1303
nothing in this division precludes an employer from providing	1304
abortion benefits or otherwise affects bargaining agreements in	1305
regard to abortion.	1306

Sec. 4112.02.  It shall be an unlawful discriminatory	1307
practice:	1308

(A) For any employer, because of the race, color, religion,	1309
sexgender, sexual orientation, gender identity, military status,	1310
national origin, disability, age, or ancestry of any person, to	1311
discharge without just cause, to refuse to hire, or otherwise to	1312
discriminate against that person with respect to hire, tenure,	1313
terms, conditions, or privileges of employment, or any matter	1314
directly or indirectly related to employment.	1315

(B) For an employment agency or personnel placement service,	1316
because of race, color, religion, sexgender, sexual orientation,	1317
gender identity, military status, national origin, disability,	1318
age, or ancestry, to do any of the following:	1319

(1) Refuse or fail to accept, register, classify properly, or	1320
refer for employment, or otherwise discriminate against any	1321
person;	1322

(2) Comply with a request from an employer for referral of	1323
applicants for employment if the request directly or indirectly	1324
indicates that the employer fails to comply with the provisions of	1325
sections 4112.01 to 4112.07 of the Revised Code.	1326

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

1327

(1) Limit or classify its membership on the basis of race,	1328
color, religion, sexgender, sexual orientation, gender identity,	1329
military status, national origin, disability, age, or ancestry;	1330

(2) Discriminate against, limit the employment opportunities	1331
of, or otherwise adversely affect the employment status, wages,	1332
hours, or employment conditions of any person as an employee	1333
because of race, color, religion, sexgender, sexual orientation,	1334
gender identity, military status, national origin, disability,	1335
age, or ancestry.	1336

(D) For any employer, labor organization, or joint	1337
labor-management committee controlling apprentice training	1338
programs to discriminate against any person because of race,	1339
color, religion, sexgender, sexual orientation, gender identity,	1340
military status, national origin, disability, or ancestry in	1341
admission to, or employment in, any program established to provide	1342
apprentice training.	1343

(E) Except where based on a bona fide occupational	1344
qualification certified in advance by the commission, for any	1345
employer, employment agency, personnel placement service, or labor	1346
organization, prior to employment or admission to membership, to	1347
do any of the following:	1348

(1) Elicit or attempt to elicit any information concerning	1349
the race, color, religion, sexgender, sexual orientation, gender	1350
identity, military status, national origin, disability, age, or	1351
ancestry of an applicant for employment or membership;	1352

(2) Make or keep a record of the race, color, religion, sex	1353
gender, sexual orientation, gender identity, military status,	1354
national origin, disability, age, or ancestry of any applicant for	1355
employment or membership;	1356

(3) Use any form of application for employment, or personnel	1357
or membership blank, seeking to elicit information regarding race,	1358
color, religion, sexgender, sexual orientation, gender identity,	1359
military status, national origin, disability, age, or ancestry;	1360
but an employer holding a contract containing a nondiscrimination	1361
clause with the government of the United States, or any department	1362
or agency of that government, may require an employee or applicant	1363
for employment to furnish documentary proof of United States	1364
citizenship and may retain that proof in the employer's personnel	1365
records and may use photographic or fingerprint identification for	1366
security purposes;	1367

(4) Print or publish or cause to be printed or published any	1368
notice or advertisement relating to employment or membership	1369
indicating any preference, limitation, specification, or	1370
discrimination, based upon race, color, religion, sexgender,	1371
sexual orientation, gender identity, military status, national	1372
origin, disability, age, or ancestry;	1373

(5) Announce or follow a policy of denying or limiting,	1374
through a quota system or otherwise, employment or membership	1375
opportunities of any group because of the race, color, religion,	1376
sexgender, sexual orientation, gender identity, military status,	1377
national origin, disability, age, or ancestry of that group;	1378

(6) Utilize in the recruitment or hiring of persons any	1379
employment agency, personnel placement service, training school or	1380
center, labor organization, or any other employee-referring source	1381
known to discriminate against persons because of their race,	1382
color, religion, sexgender, sexual orientation, gender identity,	1383
military status, national origin, disability, age, or ancestry.	1384

(F) For any person seeking employment to publish or cause to	1385
be published any advertisement that specifies or in any manner	1386
indicates that person's race, color, religion, sexgender, sexual	1387
orientation, gender identity, military status, national origin,	1388
disability, age, or ancestry, or expresses a limitation or	1389
preference as to the race, color, religion, sexgender, sexual	1390
orientation, gender identity, military status, national origin,	1391
disability, age, or ancestry of any prospective employer.	1392

(G) For any proprietor or any employee, keeper, or manager of	1393
a place of public accommodation to deny to any person, except for	1394
reasons applicable alike to all persons regardless of race, color,	1395
religion, sexgender, sexual orientation, gender identity,	1396
military status, national origin, disability, age, or ancestry,	1397
the full enjoyment of the accommodations, advantages, facilities,	1398
or privileges of the place of public accommodation.	1399

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

1400

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	1401
or finance housing accommodations, refuse to negotiate for the	1402
sale or rental of housing accommodations, or otherwise deny or	1403
make unavailable housing accommodations because of race, color,	1404
religion, sexgender, sexual orientation, gender identity,	1405
military status, familial status, ancestry, disability, or	1406
national origin;	1407

(2) Represent to any person that housing accommodations are	1408
not available for inspection, sale, or rental, when in fact they	1409
are available, because of race, color, religion, sexgender,	1410
sexual orientation, gender identity, military status, familial	1411
status, ancestry, disability, or national origin;	1412

(3) Discriminate against any person in the making or	1413
purchasing of loans or the provision of other financial assistance	1414
for the acquisition, construction, rehabilitation, repair, or	1415
maintenance of housing accommodations, or any person in the making	1416
or purchasing of loans or the provision of other financial	1417
assistance that is secured by residential real estate, because of	1418
race, color, religion, sexgender, sexual orientation, gender	1419
identity, military status, familial status, ancestry, disability,	1420
or national origin or because of the racial composition of the	1421
neighborhood in which the housing accommodations are located,	1422
provided that the person, whether an individual, corporation, or	1423
association of any type, lends money as one of the principal	1424
aspects or incident to the person's principal business and not	1425
only as a part of the purchase price of an owner-occupied	1426
residence the person is selling nor merely casually or	1427
occasionally to a relative or friend;	1428

(4) Discriminate against any person in the terms or	1429
conditions of selling, transferring, assigning, renting, leasing,	1430
or subleasing any housing accommodations or in furnishing	1431
facilities, services, or privileges in connection with the	1432
ownership, occupancy, or use of any housing accommodations,	1433
including the sale of fire, extended coverage, or homeowners	1434
insurance, because of race, color, religion, sexgender, sexual	1435
orientation, gender identity, military status, familial status,	1436
ancestry, disability, or national origin or because of the racial	1437
composition of the neighborhood in which the housing	1438
accommodations are located;	1439

(5) Discriminate against any person in the terms or	1440
conditions of any loan of money, whether or not secured by	1441
mortgage or otherwise, for the acquisition, construction,	1442
rehabilitation, repair, or maintenance of housing accommodations	1443
because of race, color, religion, sexgender, sexual orientation,	1444
gender identity, military status, familial status, ancestry,	1445
disability, or national origin or because of the racial	1446
composition of the neighborhood in which the housing	1447
accommodations are located;	1448

(6) Refuse to consider without prejudice the combined income	1449
of both husband and wife for the purpose of extending mortgage	1450
credit to a married couple or either member of a married couple;	1451

(7) Print, publish, or circulate any statement or	1452
advertisement, or make or cause to be made any statement or	1453
advertisement, relating to the sale, transfer, assignment, rental,	1454
lease, sublease, or acquisition of any housing accommodations, or	1455
relating to the loan of money, whether or not secured by mortgage	1456
or otherwise, for the acquisition, construction, rehabilitation,	1457
repair, or maintenance of housing accommodations, that indicates	1458
any preference, limitation, specification, or discrimination based	1459
upon race, color, religion, sexgender, sexual orientation, gender	1460
identity, military status, familial status, ancestry, disability,	1461
or national origin, or an intention to make any such preference,	1462
limitation, specification, or discrimination;	1463

(8) Except as otherwise provided in division (H)(8) or (17)	1464
of this section, make any inquiry, elicit any information, make or	1465
keep any record, or use any form of application containing	1466
questions or entries concerning race, color, religion, sexgender,	1467
sexual orientation, gender identity, military status, familial	1468
status, ancestry, disability, or national origin in connection	1469
with the sale or lease of any housing accommodations or the loan	1470
of any money, whether or not secured by mortgage or otherwise, for	1471
the acquisition, construction, rehabilitation, repair, or	1472
maintenance of housing accommodations. Any person may make	1473
inquiries, and make and keep records, concerning race, color,	1474
religion, sexgender, sexual orientation, gender identity,	1475
military status, familial status, ancestry, disability, or	1476
national origin for the purpose of monitoring compliance with this	1477
chapter.	1478

(9) Include in any transfer, rental, or lease of housing	1479
accommodations any restrictive covenant, or honor or exercise, or	1480
attempt to honor or exercise, any restrictive covenant;	1481

(10) Induce or solicit, or attempt to induce or solicit, a	1482
housing accommodations listing, sale, or transaction by	1483
representing that a change has occurred or may occur with respect	1484
to the racial, religious, sexualgender, sexual orientation,	1485
gender identity, military status, familial status, or ethnic	1486
composition of the block, neighborhood, or other area in which the	1487
housing accommodations are located, or induce or solicit, or	1488
attempt to induce or solicit, a housing accommodations listing,	1489
sale, or transaction by representing that the presence or	1490
anticipated presence of persons of any race, color, religion, sex	1491
gender, sexual orientation, gender identity, military status,	1492
familial status, ancestry, disability, or national origin, in the	1493
block, neighborhood, or other area will or may have results	1494
including, but not limited to, the following:	1495

(a) The lowering of property values;

1496

(b) A change in the racial, religious, sexualgender, sexual	1497
orientation, gender identity, military status, familial status, or	1498
ethnic composition of the block, neighborhood, or other area;	1499

(c) An increase in criminal or antisocial behavior in the	1500
block, neighborhood, or other area;	1501

(d) A decline in the quality of the schools serving the	1502
block, neighborhood, or other area.	1503

(11) Deny any person access to or membership or participation	1504
in any multiple-listing service, real estate brokers'	1505
organization, or other service, organization, or facility relating	1506
to the business of selling or renting housing accommodations, or	1507
discriminate against any person in the terms or conditions of that	1508
access, membership, or participation, on account of race, color,	1509
religion, sexgender, sexual orientation, gender identity,	1510
military status, familial status, national origin, disability, or	1511
ancestry;	1512

(12) Coerce, intimidate, threaten, or interfere with any	1513
person in the exercise or enjoyment of, or on account of that	1514
person's having exercised or enjoyed or having aided or encouraged	1515
any other person in the exercise or enjoyment of, any right	1516
granted or protected by division (H) of this section;	1517

(13) Discourage or attempt to discourage the purchase by a	1518
prospective purchaser of housing accommodations, by representing	1519
that any block, neighborhood, or other area has undergone or might	1520
undergo a change with respect to its religious, racial, sexual	1521
gender, sexual orientation, gender identity, military status,	1522
familial status, or ethnic composition;	1523

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	1524
or finance, or otherwise deny or withhold, a burial lot from any	1525
person because of the race, color, sexgender, sexual orientation,	1526
gender identity, military status, familial status, age, ancestry,	1527
disability, or national origin of any prospective owner or user of	1528
the lot;	1529

(15) Discriminate in the sale or rental of, or otherwise make	1530
unavailable or deny, housing accommodations to any buyer or renter	1531
because of a disability of any of the following:	1532

(a) The buyer or renter;

1533

(b) A person residing in or intending to reside in the	1534
housing accommodations after they are sold, rented, or made	1535
available;	1536

(c) Any individual associated with the person described in	1537
division (H)(15)(b) of this section.	1538

(16) Discriminate in the terms, conditions, or privileges of	1539
the sale or rental of housing accommodations to any person or in	1540
the provision of services or facilities to any person in	1541
connection with the housing accommodations because of a disability	1542
of any of the following:	1543

(a) That person;

1544

(b) A person residing in or intending to reside in the	1545
housing accommodations after they are sold, rented, or made	1546
available;	1547

(c) Any individual associated with the person described in	1548
division (H)(16)(b) of this section.	1549

(17) Except as otherwise provided in division (H)(17) of this	1550
section, make an inquiry to determine whether an applicant for the	1551
sale or rental of housing accommodations, a person residing in or	1552
intending to reside in the housing accommodations after they are	1553
sold, rented, or made available, or any individual associated with	1554
that person has a disability, or make an inquiry to determine the	1555
nature or severity of a disability of the applicant or such a	1556
person or individual. The following inquiries may be made of all	1557
applicants for the sale or rental of housing accommodations,	1558
regardless of whether they have disabilities:	1559

(a) An inquiry into an applicant's ability to meet the	1560
requirements of ownership or tenancy;	1561

(b) An inquiry to determine whether an applicant is qualified	1562
for housing accommodations available only to persons with	1563
disabilities or persons with a particular type of disability;	1564

(c) An inquiry to determine whether an applicant is qualified	1565
for a priority available to persons with disabilities or persons	1566
with a particular type of disability;	1567

(d) An inquiry to determine whether an applicant currently	1568
uses a controlled substance in violation of section 2925.11 of the	1569
Revised Code or a substantively comparable municipal ordinance;	1570

(e) An inquiry to determine whether an applicant at any time	1571
has been convicted of or pleaded guilty to any offense, an element	1572
of which is the illegal sale, offer to sell, cultivation,	1573
manufacture, other production, shipment, transportation, delivery,	1574
or other distribution of a controlled substance.	1575

(18)(a) Refuse to permit, at the expense of a person with a	1576
disability, reasonable modifications of existing housing	1577
accommodations that are occupied or to be occupied by the person	1578
with a disability, if the modifications may be necessary to afford	1579
the person with a disability full enjoyment of the housing	1580
accommodations. This division does not preclude a landlord of	1581
housing accommodations that are rented or to be rented to a	1582
disabled tenant from conditioning permission for a proposed	1583
modification upon the disabled tenant's doing one or more of the	1584
following:	1585

(i) Providing a reasonable description of the proposed	1586
modification and reasonable assurances that the proposed	1587
modification will be made in a workerlike manner and that any	1588
required building permits will be obtained prior to the	1589
commencement of the proposed modification;	1590

(ii) Agreeing to restore at the end of the tenancy the	1591
interior of the housing accommodations to the condition they were	1592
in prior to the proposed modification, but subject to reasonable	1593
wear and tear during the period of occupancy, if it is reasonable	1594
for the landlord to condition permission for the proposed	1595
modification upon the agreement;	1596

(iii) Paying into an interest-bearing escrow account that is	1597
in the landlord's name, over a reasonable period of time, a	1598
reasonable amount of money not to exceed the projected costs at	1599
the end of the tenancy of the restoration of the interior of the	1600
housing accommodations to the condition they were in prior to the	1601
proposed modification, but subject to reasonable wear and tear	1602
during the period of occupancy, if the landlord finds the account	1603
reasonably necessary to ensure the availability of funds for the	1604
restoration work. The interest earned in connection with an escrow	1605
account described in this division shall accrue to the benefit of	1606
the disabled tenant who makes payments into the account.	1607

(b) A landlord shall not condition permission for a proposed	1608
modification upon a disabled tenant's payment of a security	1609
deposit that exceeds the customarily required security deposit of	1610
all tenants of the particular housing accommodations.	1611

(19) Refuse to make reasonable accommodations in rules,	1612
policies, practices, or services when necessary to afford a person	1613
with a disability equal opportunity to use and enjoy a dwelling	1614
unit, including associated public and common use areas;	1615

(20) Fail to comply with the standards and rules adopted	1616
under division (A) of section 3781.111 of the Revised Code;	1617

(21) Discriminate against any person in the selling,	1618
brokering, or appraising of real property because of race, color,	1619
religion, sexgender, sexual orientation, gender identity,	1620
military status, familial status, ancestry, disability, or	1621
national origin;	1622

(22) Fail to design and construct covered multifamily	1623
dwellings for first occupancy on or after June 30, 1992, in	1624
accordance with the following conditions:	1625

(a) The dwellings shall have at least one building entrance	1626
on an accessible route, unless it is impractical to do so because	1627
of the terrain or unusual characteristics of the site.	1628

(b) With respect to dwellings that have a building entrance	1629
on an accessible route, all of the following apply:	1630

(i) The public use areas and common use areas of the	1631
dwellings shall be readily accessible to and usable by persons	1632
with a disability.	1633

(ii) All the doors designed to allow passage into and within	1634
all premises shall be sufficiently wide to allow passage by	1635
persons with a disability who are in wheelchairs.	1636

(iii) All premises within covered multifamily dwelling units	1637
shall contain an accessible route into and through the dwelling;	1638
all light switches, electrical outlets, thermostats, and other	1639
environmental controls within such units shall be in accessible	1640
locations; the bathroom walls within such units shall contain	1641
reinforcements to allow later installation of grab bars; and the	1642
kitchens and bathrooms within such units shall be designed and	1643
constructed in a manner that enables an individual in a wheelchair	1644
to maneuver about such rooms.	1645

For purposes of division (H)(22) of this section, "covered	1646
multifamily dwellings" means buildings consisting of four or more	1647
units if such buildings have one or more elevators and ground	1648
floor units in other buildings consisting of four or more units.	1649

(I) For any person to discriminate in any manner against any	1650
other person because that person has opposed any unlawful	1651
discriminatory practice defined in this section or because that	1652
person has made a charge, testified, assisted, or participated in	1653
any manner in any investigation, proceeding, or hearing under	1654
sections 4112.01 to 4112.07 of the Revised Code.	1655

(J) For any person to aid, abet, incite, compel, or coerce	1656
the doing of any act declared by this section to be an unlawful	1657
discriminatory practice, to obstruct or prevent any person from	1658
complying with this chapter or any order issued under it, or to	1659
attempt directly or indirectly to commit any act declared by this	1660
section to be an unlawful discriminatory practice.	1661

(K)(1) Nothing in division (H) of this section shall bar any	1662
religious or denominational institution or organization, or any	1663
nonprofit charitable or educational organization that is operated,	1664
supervised, or controlled by or in connection with a religious	1665
organization, from limiting the sale, rental, or occupancy of	1666
housing accommodations that it owns or operates for other than a	1667
commercial purpose to persons of the same religion, or from giving	1668
preference in the sale, rental, or occupancy of such housing	1669
accommodations to persons of the same religion, unless membership	1670
in the religion is restricted on account of race, color, or	1671
national origin.	1672

(2) Nothing in division (H) of this section shall bar any	1673
bona fide private or fraternal organization that, incidental to	1674
its primary purpose, owns or operates lodgings for other than a	1675
commercial purpose, from limiting the rental or occupancy of the	1676
lodgings to its members or from giving preference to its members.	1677

(3) Nothing in division (H) of this section limits the	1678
applicability of any reasonable local, state, or federal	1679
restrictions regarding the maximum number of occupants permitted	1680
to occupy housing accommodations. Nothing in that division	1681
prohibits the owners or managers of housing accommodations from	1682
implementing reasonable occupancy standards based on the number	1683
and size of sleeping areas or bedrooms and the overall size of a	1684
dwelling unit, provided that the standards are not implemented to	1685
circumvent the purposes of this chapter and are formulated,	1686
implemented, and interpreted in a manner consistent with this	1687
chapter and any applicable local, state, or federal restrictions	1688
regarding the maximum number of occupants permitted to occupy	1689
housing accommodations.	1690

(4) Nothing in division (H) of this section requires that	1691
housing accommodations be made available to an individual whose	1692
tenancy would constitute a direct threat to the health or safety	1693
of other individuals or whose tenancy would result in substantial	1694
physical damage to the property of others.	1695

(5) Nothing in division (H) of this section pertaining to	1696
discrimination on the basis of familial status shall be construed	1697
to apply to any of the following:	1698

(a) Housing accommodations provided under any state or	1699
federal program that have been determined under the "Fair Housing	1700
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	1701
amended, to be specifically designed and operated to assist	1702
elderly persons;	1703

(b) Housing accommodations intended for and solely occupied	1704
by persons who are sixty-two years of age or older;	1705

(c) Housing accommodations intended and operated for	1706
occupancy by at least one person who is fifty-five years of age or	1707
older per unit, as determined under the "Fair Housing Amendments	1708
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	1709

(L) Nothing in divisions (A) to (E) of this section shall be	1710
construed to require a person with a disability to be employed or	1711
trained under circumstances that would significantly increase the	1712
occupational hazards affecting either the person with a	1713
disability, other employees, the general public, or the facilities	1714
in which the work is to be performed, or to require the employment	1715
or training of a person with a disability in a job that requires	1716
the person with a disability routinely to undertake any task, the	1717
performance of which is substantially and inherently impaired by	1718
the person's disability.	1719

(M) Nothing in divisions (H)(1) to (18) of this section shall	1720
be construed to require any person selling or renting property to	1721
modify the property in any way or to exercise a higher degree of	1722
care for a person with a disability, to relieve any person with a	1723
disability of any obligation generally imposed on all persons	1724
regardless of disability in a written lease, rental agreement, or	1725
contract of purchase or sale, or to forbid distinctions based on	1726
the inability to fulfill the terms and conditions, including	1727
financial obligations, of the lease, agreement, or contract.	1728

(N) An aggrieved individual may enforce the individual's	1729
rights relative to discrimination on the basis of age as provided	1730
for in this section by instituting a civil action, within one	1731
hundred eighty days after the alleged unlawful discriminatory	1732
practice occurred, in any court with jurisdiction for any legal or	1733
equitable relief that will effectuate the individual's rights.	1734

A person who files a civil action under this division is	1735
barred, with respect to the practices complained of, from	1736
instituting a civil action under section 4112.14 of the Revised	1737
Code and from filing a charge with the commission under section	1738
4112.05 of the Revised Code.	1739

(O) With regard to age, it shall not be an unlawful	1740
discriminatory practice and it shall not constitute a violation of	1741
division (A) of section 4112.14 of the Revised Code for any	1742
employer, employment agency, joint labor-management committee	1743
controlling apprenticeship training programs, or labor	1744
organization to do any of the following:	1745

(1) Establish bona fide employment qualifications reasonably	1746
related to the particular business or occupation that may include	1747
standards for skill, aptitude, physical capability, intelligence,	1748
education, maturation, and experience;	1749

(2) Observe the terms of a bona fide seniority system or any	1750
bona fide employee benefit plan, including, but not limited to, a	1751
retirement, pension, or insurance plan, that is not a subterfuge	1752
to evade the purposes of this section. However, no such employee	1753
benefit plan shall excuse the failure to hire any individual, and	1754
no such seniority system or employee benefit plan shall require or	1755
permit the involuntary retirement of any individual, because of	1756
the individual's age except as provided for in the "Age	1757
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	1758
29 U.S.C.A. 623, as amended by the "Age Discrimination in	1759
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	1760
623, as amended.	1761

(3) Retire an employee who has attained sixty-five years of	1762
age who, for the two-year period immediately before retirement, is	1763
employed in a bona fide executive or a high policymaking position,	1764
if the employee is entitled to an immediate nonforfeitable annual	1765
retirement benefit from a pension, profit-sharing, savings, or	1766
deferred compensation plan, or any combination of those plans, of	1767
the employer of the employee, which equals, in the aggregate, at	1768
least forty-four thousand dollars, in accordance with the	1769
conditions of the "Age Discrimination in Employment Act Amendment	1770
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	1771
Discrimination in Employment Act Amendments of 1986," 100 Stat.	1772
3342, 29 U.S.C.A. 631, as amended;	1773

(4) Observe the terms of any bona fide apprenticeship program	1774
if the program is registered with the Ohio apprenticeship council	1775
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	1776
approved by the federal committee on apprenticeship of the United	1777
States department of labor.	1778

(P) Nothing in this chapter prohibiting age discrimination	1779
and nothing in division (A) of section 4112.14 of the Revised Code	1780
shall be construed to prohibit the following:	1781

(1) The designation of uniform age the attainment of which is	1782
necessary for public employees to receive pension or other	1783
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	1784
or 5505. of the Revised Code;	1785

(2) The mandatory retirement of uniformed patrol officers of	1786
the state highway patrol as provided in section 5505.16 of the	1787
Revised Code;	1788

(3) The maximum age requirements for appointment as a patrol	1789
officer in the state highway patrol established by section 5503.01	1790
of the Revised Code;	1791

(4) The maximum age requirements established for original	1792
appointment to a police department or fire department in sections	1793
124.41 and 124.42 of the Revised Code;	1794

(5) Any maximum age not in conflict with federal law that may	1795
be established by a municipal charter, municipal ordinance, or	1796
resolution of a board of township trustees for original	1797
appointment as a police officer or firefighter;	1798

(6) Any mandatory retirement provision not in conflict with	1799
federal law of a municipal charter, municipal ordinance, or	1800
resolution of a board of township trustees pertaining to police	1801
officers and firefighters;	1802

(7) Until January 1, 1994, the mandatory retirement of any	1803
employee who has attained seventy years of age and who is serving	1804
under a contract of unlimited tenure, or similar arrangement	1805
providing for unlimited tenure, at an institution of higher	1806
education as defined in the "Education Amendments of 1980," 94	1807
Stat. 1503, 20 U.S.C.A. 1141(a).	1808

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	1809
section, for purposes of divisions (A) to (E) of this section, a	1810
disability does not include any physiological disorder or	1811
condition, mental or psychological disorder, or disease or	1812
condition caused by an illegal use of any controlled substance by	1813
an employee, applicant, or other person, if an employer,	1814
employment agency, personnel placement service, labor	1815
organization, or joint labor-management committee acts on the	1816
basis of that illegal use.	1817

(b) Division (Q)(1)(a) of this section does not apply to an	1818
employee, applicant, or other person who satisfies any of the	1819
following:	1820

(i) The employee, applicant, or other person has successfully	1821
completed a supervised drug rehabilitation program and no longer	1822
is engaging in the illegal use of any controlled substance, or the	1823
employee, applicant, or other person otherwise successfully has	1824
been rehabilitated and no longer is engaging in that illegal use.	1825

(ii) The employee, applicant, or other person is	1826
participating in a supervised drug rehabilitation program and no	1827
longer is engaging in the illegal use of any controlled substance.	1828

(iii) The employee, applicant, or other person is erroneously	1829
regarded as engaging in the illegal use of any controlled	1830
substance, but the employee, applicant, or other person is not	1831
engaging in that illegal use.	1832

(2) Divisions (A) to (E) of this section do not prohibit an	1833
employer, employment agency, personnel placement service, labor	1834
organization, or joint labor-management committee from doing any	1835
of the following:	1836

(a) Adopting or administering reasonable policies or	1837
procedures, including, but not limited to, testing for the illegal	1838
use of any controlled substance, that are designed to ensure that	1839
an individual described in division (Q)(1)(b)(i) or (ii) of this	1840
section no longer is engaging in the illegal use of any controlled	1841
substance;	1842

(b) Prohibiting the illegal use of controlled substances and	1843
the use of alcohol at the workplace by all employees;	1844

(c) Requiring that employees not be under the influence of	1845
alcohol or not be engaged in the illegal use of any controlled	1846
substance at the workplace;	1847

(d) Requiring that employees behave in conformance with the	1848
requirements established under "The Drug-Free Workplace Act of	1849
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	1850

(e) Holding an employee who engages in the illegal use of any	1851
controlled substance or who is an alcoholic to the same	1852
qualification standards for employment or job performance, and the	1853
same behavior, to which the employer, employment agency, personnel	1854
placement service, labor organization, or joint labor-management	1855
committee holds other employees, even if any unsatisfactory	1856
performance or behavior is related to an employee's illegal use of	1857
a controlled substance or alcoholism;	1858

(f) Exercising other authority recognized in the "Americans	1859
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	1860
as amended, including, but not limited to, requiring employees to	1861
comply with any applicable federal standards.	1862

(3) For purposes of this chapter, a test to determine the	1863
illegal use of any controlled substance does not include a medical	1864
examination.	1865

(4) Division (Q) of this section does not encourage,	1866
prohibit, or authorize, and shall not be construed as encouraging,	1867
prohibiting, or authorizing, the conduct of testing for the	1868
illegal use of any controlled substance by employees, applicants,	1869
or other persons, or the making of employment decisions based on	1870
the results of that type of testing.	1871

(R)(1) Nothing in this section shall prohibit any religious	1872
association, corporation, or society that is not organized for	1873
private profit, or any institution organized for educational	1874
purposes that is operated, supervised, or controlled by such a	1875
religious association, corporation, or society, from doing either	1876
of the following:	1877

(a) Limiting admission to or giving preference to persons of	1878
the same religion or denomination;	1879

(b) In matters related to sexual orientation or gender	1880
identity, taking any action with respect to education, employment,	1881
housing and real property, or use of facilities.	1882

(2) Division (R)(1) of this section shall not apply to	1883
secular business activities regularly carried on in which the	1884
religious association, corporation, or society engages if the	1885
conduct of those activities is unrelated to the religious and	1886
educational purposes for which the association, corporation, or	1887
society is organized.	1888

(S) Nothing in this section shall be construed to establish	1889
an unlawful employment practice based on actual or perceived	1890
gender identity due to the denial of access to shared shower or	1891
dressing facilities in which being seen unclothed is unavoidable,	1892
provided that the employer provides reasonable access to adequate	1893
facilities that are not inconsistent with an employee's gender	1894
identity as established with the employer at the time of initial	1895
employment or upon notification to the employer that the employee	1896
has undergone or is undergoing gender transition, whichever is	1897
later.	1898

(T) Nothing in this section shall be construed to require the	1899
construction of new or additional facilities.	1900

(U) Nothing in this section prohibits an employer from	1901
implementing, enforcing, or modifying a dress code or grooming	1902
standards not prohibited by other provisions of federal, state, or	1903
local law and requiring an employee, during the employee's hours	1904
at work, to adhere to the dress code or grooming standards,	1905
provided that the employer permits any employee who has undergone	1906
gender transition before being initially employed, and any	1907
employee who has notified the employer that the employee has	1908
undergone or is undergoing gender transition after being initially	1909
employed, to adhere to the same dress code or grooming standards	1910
to which the employee has transitioned or is transitioning.	1911

(V) Nothing in this section shall be construed to authorize	1912
or require any private employer, employment agency, or labor	1913
organization to implement quotas or affirmative action policies or	1914
programs, based on sexual orientation or gender identity.	1915

(W) Upon receiving certification of a bona fide occupational	1916
qualification from the commission, nothing in this section	1917
requires an employer, whose business is primarily religious in	1918
nature, to take any employment action that would compromise that	1919
business's religious purposes relating to sexual orientation or	1920
gender identity.	1921

(X)(1) It shall be an unlawful discriminatory practice for	1922
any employer, employment agency, or labor organization to limit,	1923
segregate, or classify its employees or applicants for employment	1924
in any way that would deprive or tend to deprive any individual of	1925
employment or otherwise adversely affect the status of the	1926
individual as an employee because of the individual's actual or	1927
perceived sexual orientation or gender identity.	1928

(2) The commission shall not collect statistics on actual or	1929
perceived sexual orientation or gender identity from any employer,	1930
employment agency, or labor organization nor compel any of them to	1931
collect such statistics.	1932

(3) Only disparate treatment claims, and not disparate impact	1933
claims, may be brought under this section on the basis of sexual	1934
orientation or gender identity. As used in division (X)(3) of this	1935
section, "disparate impact" means a facially neutral policy or	1936
practice that has a negative impact on a protected group.	1937

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

1938

(1) "Credit" means the right granted by a creditor to a	1939
person to defer payment of a debt, to incur debt and defer its	1940
payment, or to purchase property or services and defer payment for	1941
the property or services.	1942

(2) "Creditor" means any person who regularly extends,	1943
renews, or continues credit, any person who regularly arranges for	1944
the extension, renewal, or continuation of credit, or any assignee	1945
of an original creditor who participates in the decision to	1946
extend, renew, or continue credit, whether or not any interest or	1947
finance charge is required.	1948

(3) "Credit reporting agency" means any person who, for	1949
monetary fees or dues or on a cooperative nonprofit basis,	1950
regularly assembles or evaluates credit information for the	1951
purpose of furnishing credit reports to creditors.	1952

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

1953

(B) It shall be an unlawful discriminatory practice:

1954

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

1955

(a) Discriminate against any applicant for credit in the	1956
granting, withholding, extending, or renewing of credit, or in the	1957
fixing of the rates, terms, or conditions of any form of credit,	1958
on the basis of race, color, religion, age, sexgender, sexual	1959
orientation, gender identity, military status, marital status,	1960
national origin, disability, or ancestry, except that this	1961
division shall not apply with respect to age in any real estate	1962
transaction between a financial institution, a dealer in	1963
intangibles, or an insurance company as defined in section 5725.01	1964
of the Revised Code and its customers;	1965

(b) Use or make any inquiry as to race, color, religion, age,	1966
sexgender, sexual orientation, gender identity, military status,	1967
marital status, national origin, disability, or ancestry for the	1968
purpose of limiting or specifying those persons to whom credit	1969
will be granted, except that an inquiry of marital status does not	1970
constitute discrimination for the purposes of this section if the	1971
inquiry is made for the purpose of ascertaining the creditor's	1972
rights and remedies applicable to the particular extension of	1973
credit, and except that creditors are excepted from this division	1974
with respect to any inquiry, elicitation of information, record,	1975
or form of application required of a particular creditor by any	1976
instrumentality or agency of the United States, or required of a	1977
particular creditor by any agency or instrumentality to enforce	1978
the "Civil Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A.	1979
3608(c);	1980

(c) Refuse to consider the sources of income of an applicant	1981
for credit, or disregard or ignore the income of an applicant, in	1982
whole or in part, on the basis of race, color, religion, age, sex	1983
gender, sexual orientation, gender identity, military status,	1984
marital status, disability, national origin, or ancestry;	1985

(d) Refuse to grant credit to an individual in any name that	1986
individual customarily uses, if it has been determined in the	1987
normal course of business that the creditor will grant credit to	1988
the individual;	1989

(e) Impose any special requirements or conditions, including,	1990
but not limited to, a requirement for co-obligors or	1991
reapplication, upon any applicant or class of applicants on the	1992
basis of race, color, religion, age, sexgender, sexual	1993
orientation, gender identity, military status, marital status,	1994
national origin, disability, or ancestry in circumstances where	1995
similar requirements or conditions are not imposed on other	1996
applicants similarly situated, unless the special requirements or	1997
conditions that are imposed with respect to age are the result of	1998
a real estate transaction exempted under division (B)(1)(a) of	1999
this section or are the result of programs that grant preferences	2000
to certain age groups administered by instrumentalities or	2001
agencies of the United States, a state, or a political subdivision	2002
of a state;	2003

(f) Fail or refuse to provide an applicant for credit a	2004
written statement of the specific reasons for rejection of the	2005
application if requested in writing by the applicant within sixty	2006
days of the rejection. The creditor shall provide the written	2007
statement of the specific reason for rejection within thirty days	2008
after receipt of a request of that nature. For purposes of this	2009
section, a statement that the applicant was rejected solely on the	2010
basis of information received from a credit reporting agency or	2011
because the applicant failed to meet the standards required by the	2012
creditor's credit scoring system, uniformly applied, shall	2013
constitute a specific reason for rejection.	2014

(g) Fail or refuse to print on or firmly attach to each	2015
application for credit, in a type size no smaller than that used	2016
throughout most of the application form, the following notice:	2017
"The Ohio laws against discrimination require that all creditors	2018
make credit equally available to all credit worthy customers, and	2019
that credit reporting agencies maintain separate credit histories	2020
on each individual upon request. The Ohio civil rights commission	2021
administers compliance with this law." This notice is not required	2022
to be included in applications that have a multi-state	2023
distribution if the notice is mailed to the applicant with the	2024
notice of acceptance or rejection of the application.	2025

(h) Fail or refuse on the basis of race, color, religion,	2026
age, sexgender, sexual orientation, gender identity, military	2027
status, marital status, national origin, disability, or ancestry	2028
to maintain, upon the request of the individual, a separate	2029
account for each individual to whom credit is extended;	2030

(i) Fail or refuse on the basis of race, color, religion,	2031
age, sexgender, sexual orientation, gender identity, military	2032
status, marital status, national origin, disability, or ancestry	2033
to maintain records on any account established after November 1,	2034
1976, to furnish information on the accounts to credit reporting	2035
agencies in a manner that clearly designates the contractual	2036
liability for repayment as indicated on the application for the	2037
account, and, if more than one individual is contractually liable	2038
for repayment, to maintain records and furnish information in the	2039
name of each individual. This division does not apply to	2040
individuals who are contractually liable only if the primary party	2041
defaults on the account.	2042

(2) For any credit reporting agency to do any of the	2043
following:	2044

(a) Fail or refuse on the basis of race, color, religion,	2045
age, sexgender, sexual orientation, gender identity, military	2046
status, marital status, national origin, disability, or ancestry	2047
to maintain, upon the request of the individual, a separate file	2048
on each individual about whom information is assembled or	2049
evaluated;	2050

(b) Fail or refuse on the basis of race, color, religion,	2051
age, sexgender, sexual orientation, gender identity, military	2052
status, marital status, national origin, disability, or ancestry	2053
to clearly note, maintain, and report any information furnished it	2054
under division (B)(1)(i) of this section.	2055

(C) This section does not prohibit a creditor from requesting	2056
the signature of both spouses to create a valid lien, pass clear	2057
title, or waive inchoate rights to property.	2058

(D) The rights granted by this section may be enforced by	2059
aggrieved individuals by filing a civil action in a court of	2060
common pleas within one hundred eighty days after the alleged	2061
unlawful discriminatory practice occurred. Upon application by the	2062
plaintiff and in circumstances that the court considers just, the	2063
court in which a civil action under this section is brought may	2064
appoint an attorney for the plaintiff and may authorize the	2065
commencement of a civil action upon proper showing without the	2066
payment of costs. If the court finds that an unlawful	2067
discriminatory practice prohibited by this section occurred or is	2068
about to occur, the court may grant relief that it considers	2069
appropriate, including a permanent or temporary injunction,	2070
temporary restraining order, or other order, and may award to the	2071
plaintiff compensatory and punitive damages of not less than one	2072
hundred dollars, together with attorney's fees and court costs.	2073

(E) Nothing contained in this section shall bar a creditor	2074
from reviewing an application for credit on the basis of	2075
established criteria used in the normal course of business for the	2076
determination of the credit worthiness of the individual applicant	2077
for credit, including the credit history of the applicant.	2078

Sec. 4112.04.  (A) The commission shall do all of the	2079
following:	2080

(1) Establish and maintain a principal office in the city of	2081
Columbus and any other offices within the state that it considers	2082
necessary;	2083

(2) Appoint an executive director who shall serve at the	2084
pleasure of the commission and be its principal administrative	2085
officer. The executive director shall be paid a salary fixed	2086
pursuant to Chapter 124. of the Revised Code.	2087

(3) Appoint hearing examiners and other employees and agents	2088
who it considers necessary and prescribe their duties subject to	2089
Chapter 124. of the Revised Code;	2090

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2091
the provisions of this chapter and the policies and practice of	2092
the commission in connection with this chapter;	2093

(5) Formulate policies to effectuate the purposes of this	2094
chapter and make recommendations to agencies and officers of the	2095
state or political subdivisions to effectuate the policies;	2096

(6) Receive, investigate, and pass upon written charges made	2097
under oath of unlawful discriminatory practices;	2098

(7) Make periodic surveys of the existence and effect of	2099
discrimination because of race, color, religion, sexgender,	2100
sexual orientation, gender identity, military status, familial	2101
status, national origin, disability, age, or ancestry on the	2102
enjoyment of civil rights by persons within the state;	2103

(8) Report, from time to time, but not less than once a year,	2104
to the general assembly and the governor, describing in detail the	2105
investigations, proceedings, and hearings it has conducted and	2106
their outcome, the decisions it has rendered, and the other work	2107
performed by it, which report shall include a copy of any surveys	2108
prepared pursuant to division (A)(7) of this section and shall	2109
include the recommendations of the commission as to legislative or	2110
other remedial action;	2111

(9) Prepare a comprehensive educational program, in	2112
cooperation with the department of education, for the students of	2113
the primary and secondary public schools of this state and for all	2114
other residents of this state that is designed to eliminate	2115
prejudice on the basis of race, color, religion, sex, military	2116
status, familial status, national origin, disability, age, or	2117
ancestry in this state, to further good will among those groups,	2118
and to emphasize the origin of prejudice against those groupsand	2119
discrimination, its harmful effects, and itstheir incompatibility	2120
with American principles of equality and fair play;	2121

(10) Receive progress reports from agencies,	2122
instrumentalities, institutions, boards, commissions, and other	2123
entities of this state or any of its political subdivisions and	2124
their agencies, instrumentalities, institutions, boards,	2125
commissions, and other entities regarding affirmative action	2126
programs for the employment of persons against whom discrimination	2127
is prohibited by this chapter, or regarding any affirmative	2128
housing accommodations programs developed to eliminate or reduce	2129
an imbalance of race, color, religion, sexgender, sexual	2130
orientation, gender identity, military status, familial status,	2131
national origin, disability, or ancestry. All agencies,	2132
instrumentalities, institutions, boards, commissions, and other	2133
entities of this state or its political subdivisions, and all	2134
political subdivisions, that have undertaken affirmative action	2135
programs pursuant to a conciliation agreement with the commission,	2136
an executive order of the governor, any federal statute or rule,	2137
or an executive order of the president of the United States shall	2138
file progress reports with the commission annually on or before	2139
the first day of November. The commission shall analyze and	2140
evaluate the progress reports and report its findings annually to	2141
the general assembly on or before the thirtieth day of January of	2142
the year immediately following the receipt of the reports.	2143

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

2144

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

2145

(2) Initiate and undertake on its own motion investigations	2146
of problems of employment or housing accommodations	2147
discrimination;	2148

(3) Hold hearings, subpoena witnesses, compel their	2149
attendance, administer oaths, take the testimony of any person	2150
under oath, require the production for examination of any books	2151
and papers relating to any matter under investigation or in	2152
question before the commission, and make rules as to the issuance	2153
of subpoenas by individual commissioners.	2154

(a) In conducting a hearing or investigation, the commission	2155
shall have access at all reasonable times to premises, records,	2156
documents, individuals, and other evidence or possible sources of	2157
evidence and may examine, record, and copy the premises, records,	2158
documents, and other evidence or possible sources of evidence and	2159
take and record the testimony or statements of the individuals as	2160
reasonably necessary for the furtherance of the hearing or	2161
investigation. In investigations, the commission shall comply with	2162
the fourth amendment to the United States Constitution relating to	2163
unreasonable searches and seizures. The commission or a member of	2164
the commission may issue subpoenas to compel access to or the	2165
production of premises, records, documents, and other evidence or	2166
possible sources of evidence or the appearance of individuals, and	2167
may issue interrogatories to a respondent, to the same extent and	2168
subject to the same limitations as would apply if the subpoenas or	2169
interrogatories were issued or served in aid of a civil action in	2170
a court of common pleas.	2171

(b) Upon written application by a party to a hearing under	2172
division (B) of section 4112.05 of the Revised Code, the	2173
commission shall issue subpoenas in its name to the same extent	2174
and subject to the same limitations as subpoenas issued by the	2175
commission. Subpoenas issued at the request of a party shall show	2176
on their face the name and address of the party and shall state	2177
that they were issued at the party's request.	2178

(c) Witnesses summoned by subpoena of the commission are	2179
entitled to the witness and mileage fees provided for under	2180
section 119.094 of the Revised Code.	2181

(d) Within five days after service of a subpoena upon any	2182
person, the person may petition the commission to revoke or modify	2183
the subpoena. The commission shall grant the petition if it finds	2184
that the subpoena requires an appearance or attendance at an	2185
unreasonable time or place, that it requires production of	2186
evidence that does not relate to any matter before the commission,	2187
that it does not describe with sufficient particularity the	2188
evidence to be produced, that compliance would be unduly onerous,	2189
or for other good reason.	2190

(e) In case of contumacy or refusal to obey a subpoena, the	2191
commission or person at whose request it was issued may petition	2192
for its enforcement in the court of common pleas in the county in	2193
which the person to whom the subpoena was addressed resides, was	2194
served, or transacts business.	2195

(4) Create local or statewide advisory agencies and	2196
conciliation councils to aid in effectuating the purposes of this	2197
chapter. The commission may itself, or it may empower these	2198
agencies and councils to, do either or both of the following:	2199

(a) Study the problems of discrimination in all or specific	2200
fields of human relationships when based on race, color, religion,	2201
sexgender, sexual orientation, gender identity, military status,	2202
familial status, national origin, disability, age, or ancestry;	2203

(b) Foster through community effort, or otherwise, good will	2204
among the groups and elements of the population of the state.	2205

The agencies and councils may make recommendations to the	2206
commission for the development of policies and procedures in	2207
general. They shall be composed of representative citizens who	2208
shall serve without pay, except that reimbursement for actual and	2209
necessary traveling expenses shall be made to citizens who serve	2210
on a statewide agency or council.	2211

(5) Issue any publications and the results of investigations	2212
and research that in its judgment will tend to promote good will	2213
and minimize or eliminate discrimination because of race, color,	2214
religion, sexgender, sexual orientation, gender identity,	2215
military status, familial status, national origin, disability,	2216
age, or ancestry.	2217

Sec. 4112.05.  (A) The commission, as provided in this	2218
section, shall prevent any person from engaging in unlawful	2219
discriminatory practices, provided that, before instituting the	2220
formal hearing authorized by division (B) of this section, it	2221
shall attempt, by informal methods of conference, conciliation,	2222
mediation, and persuasion, to induce compliance with this chapter.	2223

(B)(1) Any person may file a charge with the commission	2224
alleging that another person has engaged or is engaging in an	2225
unlawful discriminatory practice. In the case of a charge alleging	2226
an unlawful discriminatory practice described in division (A),	2227
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	2228
section 4112.021 or 4112.022 of the Revised Code, the charge shall	2229
be in writing and under oath and shall be filed with the	2230
commission within six months after the alleged unlawful	2231
discriminatory practice was committed. In the case of a charge	2232
alleging an unlawful discriminatory practice described in division	2233
(H) of section 4112.02 of the Revised Code, the charge shall be in	2234
writing and under oath and shall be filed with the commission	2235
within one year after the alleged unlawful discriminatory practice	2236
was committed.	2237

(2) Upon receiving a charge, the commission may initiate a	2238
preliminary investigation to determine whether it is probable that	2239
an unlawful discriminatory practice has been or is being engaged	2240
in. The commission also may conduct, upon its own initiative and	2241
independent of the filing of any charges, a preliminary	2242
investigation relating to any of the unlawful discriminatory	2243
practices described in division (A), (B), (C), (D), (E), (F), (I),	2244
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	2245
the Revised Code. Prior to a notification of a complainant under	2246
division (B)(4) of this section or prior to the commencement of	2247
informal methods of conference, conciliation, and persuasion under	2248
that division, the members of the commission and the officers and	2249
employees of the commission shall not make public in any manner	2250
and shall retain as confidential all information that was obtained	2251
as a result of or that otherwise pertains to a preliminary	2252
investigation other than one described in division (B)(3) of this	2253
section.	2254

(3)(a) Unless it is impracticable to do so and subject to its	2255
authority under division (B)(3)(d) of this section, the commission	2256
shall complete a preliminary investigation of a charge filed	2257
pursuant to division (B)(1) of this section that alleges an	2258
unlawful discriminatory practice described in division (H) of	2259
section 4112.02 of the Revised Code, and shall take one of the	2260
following actions, within one hundred days after the filing of the	2261
charge:	2262

(i) Notify the complainant and the respondent that it is not	2263
probable that an unlawful discriminatory practice described in	2264
division (H) of section 4112.02 of the Revised Code has been or is	2265
being engaged in and that the commission will not issue a	2266
complaint in the matter;	2267

(ii) Initiate a complaint and schedule it for informal	2268
methods of conference, conciliation, and persuasion;	2269

(iii) Initiate a complaint and refer it to the attorney	2270
general with a recommendation to seek a temporary or permanent	2271
injunction or a temporary restraining order. If this action is	2272
taken, the attorney general shall apply, as expeditiously as	2273
possible after receipt of the complaint, to the court of common	2274
pleas of the county in which the unlawful discriminatory practice	2275
allegedly occurred for the appropriate injunction or order, and	2276
the court shall hear and determine the application as	2277
expeditiously as possible.	2278

(b) If it is not practicable to comply with the requirements	2279
of division (B)(3)(a) of this section within the one-hundred-day	2280
period described in that division, the commission shall notify the	2281
complainant and the respondent in writing of the reasons for the	2282
noncompliance.	2283

(c) Prior to the issuance of a complaint under division	2284
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	2285
of the complainant and the respondent under division (B)(3)(a)(i)	2286
of this section, the members of the commission and the officers	2287
and employees of the commission shall not make public in any	2288
manner and shall retain as confidential all information that was	2289
obtained as a result of or that otherwise pertains to a	2290
preliminary investigation of a charge filed pursuant to division	2291
(B)(1) of this section that alleges an unlawful discriminatory	2292
practice described in division (H) of section 4112.05 of the	2293
Revised Code.	2294

(d) Notwithstanding the types of action described in	2295
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	2296
issuance of a complaint or the referral of a complaint to the	2297
attorney general and prior to endeavoring to eliminate an unlawful	2298
discriminatory practice described in division (H) of section	2299
4112.02 of the Revised Code by informal methods of conference,	2300
conciliation, and persuasion, the commission may seek a temporary	2301
or permanent injunction or a temporary restraining order in the	2302
court of common pleas of the county in which the unlawful	2303
discriminatory practice allegedly occurred.	2304

(4) If the commission determines after a preliminary	2305
investigation other than one described in division (B)(3) of this	2306
section that it is not probable that an unlawful discriminatory	2307
practice has been or is being engaged in, it shall notify any	2308
complainant under division (B)(1) of this section that it has so	2309
determined and that it will not issue a complaint in the matter.	2310
If the commission determines after a preliminary investigation	2311
other than the one described in division (B)(3) of this section	2312
that it is probable that an unlawful discriminatory practice has	2313
been or is being engaged in, it shall endeavor to eliminate the	2314
practice by informal methods of conference, conciliation, and	2315
persuasion.	2316

(5) Nothing said or done during informal methods of	2317
conference, conciliation, and persuasion under this section shall	2318
be disclosed by any member of the commission or its staff or be	2319
used as evidence in any subsequent hearing or other proceeding.	2320
If, after a preliminary investigation and the use of informal	2321
methods of conference, conciliation, and persuasion under this	2322
section, the commission is satisfied that any unlawful	2323
discriminatory practice will be eliminated, it may treat the	2324
charge involved as being conciliated and enter that disposition on	2325
the records of the commission. If the commission fails to effect	2326
the elimination of an unlawful discriminatory practice by informal	2327
methods of conference, conciliation, and persuasion under this	2328
section and to obtain voluntary compliance with this chapter, the	2329
commission shall issue and cause to be served upon any person,	2330
including the respondent against whom a complainant has filed a	2331
charge pursuant to division (B)(1) of this section, a complaint	2332
stating the charges involved and containing a notice of an	2333
opportunity for a hearing before the commission, a member of the	2334
commission, or a hearing examiner at a place that is stated in the	2335
notice and that is located within the county in which the alleged	2336
unlawful discriminatory practice has occurred or is occurring or	2337
in which the respondent resides or transacts business. The hearing	2338
shall be held not less than thirty days after the service of the	2339
complaint upon the complainant, the aggrieved persons other than	2340
the complainant on whose behalf the complaint is issued, and the	2341
respondent, unless the complainant, an aggrieved person, or the	2342
respondent elects to proceed under division (A)(2) of section	2343
4112.051 of the Revised Code when that division is applicable. If	2344
a complaint pertains to an alleged unlawful discriminatory	2345
practice described in division (H) of section 4112.02 of the	2346
Revised Code, the complaint shall notify the complainant, an	2347
aggrieved person, and the respondent of the right of the	2348
complainant, an aggrieved person, or the respondent to elect to	2349
proceed with the administrative hearing process under this section	2350
or to proceed under division (A)(2) of section 4112.051 of the	2351
Revised Code.	2352

(6) The attorney general shall represent the commission at	2353
any hearing held pursuant to division (B)(5) of this section and	2354
shall present the evidence in support of the complaint.	2355

(7) Any complaint issued pursuant to division (B)(5) of this	2356
section after the filing of a charge under division (B)(1) of this	2357
section shall be so issued within one year after the complainant	2358
filed the charge with respect to an alleged unlawful	2359
discriminatory practice.	2360

(C) Any complaint issued pursuant to division (B) of this	2361
section may be amended by the commission, a member of the	2362
commission, or the hearing examiner conducting a hearing under	2363
division (B) of this section, at any time prior to or during the	2364
hearing. The respondent has the right to file an answer or an	2365
amended answer to the original and amended complaints and to	2366
appear at the hearing in person, by attorney, or otherwise to	2367
examine and cross-examine witnesses.	2368

(D) The complainant shall be a party to a hearing under	2369
division (B) of this section, and any person who is an	2370
indispensable party to a complete determination or settlement of a	2371
question involved in the hearing shall be joined. Any aggrieved	2372
person who has or claims an interest in the subject of the hearing	2373
and in obtaining or preventing relief against the unlawful	2374
discriminatory practices complained of shall be permitted to	2375
appear only for the presentation of oral or written arguments, to	2376
present evidence, perform direct and cross-examination, and be	2377
represented by counsel. The commission shall adopt rules, in	2378
accordance with Chapter 119. of the Revised Code governing the	2379
authority granted under this division.	2380

(E) In any hearing under division (B) of this section, the	2381
commission, a member of the commission, or the hearing examiner	2382
shall not be bound by the Rules of Evidence but, in ascertaining	2383
the practices followed by the respondent, shall take into account	2384
all reliable, probative, and substantial statistical or other	2385
evidence produced at the hearing that may tend to prove the	2386
existence of a predetermined pattern of employment or membership,	2387
provided that nothing contained in this section shall be construed	2388
to authorize or require any person to observe the proportion that	2389
persons of any race, color, religion, sexgender, sexual	2390
orientation, gender identity, military status, familial status,	2391
national origin, disability, age, or ancestry bear to the total	2392
population or in accordance with any criterion other than the	2393
individual qualifications of the applicant.	2394

(F) The testimony taken at a hearing under division (B) of	2395
this section shall be under oath and shall be reduced to writing	2396
and filed with the commission. Thereafter, in its discretion, the	2397
commission, upon the service of a notice upon the complainant and	2398
the respondent that indicates an opportunity to be present, may	2399
take further testimony or hear argument.	2400

(G)(1) If, upon all reliable, probative, and substantial	2401
evidence presented at a hearing under division (B) of this	2402
section, the commission determines that the respondent has engaged	2403
in, or is engaging in, any unlawful discriminatory practice,	2404
whether against the complainant or others, the commission shall	2405
state its findings of fact and conclusions of law and shall issue	2406
and, subject to the provisions of Chapter 119. of the Revised	2407
Code, cause to be served on the respondent an order requiring the	2408
respondent to cease and desist from the unlawful discriminatory	2409
practice, requiring the respondent to take any further affirmative	2410
or other action that will effectuate the purposes of this chapter,	2411
including, but not limited to, hiring, reinstatement, or upgrading	2412
of employees with or without back pay, or admission or restoration	2413
to union membership, and requiring the respondent to report to the	2414
commission the manner of compliance. If the commission directs	2415
payment of back pay, it shall make allowance for interim earnings.	2416
If it finds a violation of division (H) of section 4112.02 of the	2417
Revised Code, the commission additionally shall require the	2418
respondent to pay actual damages and reasonable attorney's fees,	2419
and may award to the complainant punitive damages as follows:	2420

(a) If division (G)(1)(b) or (c) of this section does not	2421
apply, punitive damages in an amount not to exceed ten thousand	2422
dollars;	2423

(b) If division (G)(1)(c) of this section does not apply and	2424
if the respondent has been determined by a final order of the	2425
commission or by a final judgment of a court to have committed one	2426
violation of division (H) of section 4112.02 of the Revised Code	2427
during the five-year period immediately preceding the date on	2428
which a complaint was issued pursuant to division (B) of this	2429
section, punitive damages in an amount not to exceed twenty-five	2430
thousand dollars;	2431

(c) If the respondent has been determined by a final order of	2432
the commission or by a final judgment of a court to have committed	2433
two or more violations of division (H) of section 4112.02 of the	2434
Revised Code during the seven-year period immediately preceding	2435
the date on which a complaint was issued pursuant to division (B)	2436
of this section, punitive damages in an amount not to exceed fifty	2437
thousand dollars.	2438

(2) Upon the submission of reports of compliance, the	2439
commission may issue a declaratory order stating that the	2440
respondent has ceased to engage in particular unlawful	2441
discriminatory practices.	2442

(H) If the commission finds that no probable cause exists for	2443
crediting charges of unlawful discriminatory practices or if, upon	2444
all the evidence presented at a hearing under division (B) of this	2445
section on a charge, the commission finds that a respondent has	2446
not engaged in any unlawful discriminatory practice against the	2447
complainant or others, it shall state its findings of fact and	2448
shall issue and cause to be served on the complainant an order	2449
dismissing the complaint as to the respondent. A copy of the order	2450
shall be delivered in all cases to the attorney general and any	2451
other public officers whom the commission considers proper.	2452

(I) Until the time period for appeal set forth in division	2453
(H) of section 4112.06 of the Revised Code expires, the	2454
commission, subject to the provisions of Chapter 119. of the	2455
Revised Code, at any time, upon reasonable notice, and in the	2456
manner it considers proper, may modify or set aside, in whole or	2457
in part, any finding or order made by it under this section.	2458

Sec. 4112.08.  This chapter shall be construed liberally for	2459
the accomplishment of its purposes, and any law inconsistent with	2460
any provision of this chapter shall not apply. Nothing contained	2461
in this chapter shall be considered to repeal any of the	2462
provisions of any law of this state relating to discrimination	2463
because of race, color, religion, sexgender, sexual orientation,	2464
gender identity, military status, familial status, disability,	2465
national origin, age, or ancestry, except that any person filing a	2466
charge under division (B)(1) of section 4112.05 of the Revised	2467
Code, with respect to the unlawful discriminatory practices	2468
complained of, is barred from instituting a civil action under	2469
section 4112.14 or division (N) of section 4112.02 of the Revised	2470
Code. This chapter does not limit actions, procedures, and	2471
remedies afforded under federal law.	2472

Sec. 4117.19.  (A) Every employee organization that is	2473
certified or recognized as a representative of public employees	2474
under this chapter shall file with the state employment relations	2475
board a registration report that is signed by its president or	2476
other appropriate officer. The report shall be in a form	2477
prescribed by the board and accompanied by two copies of the	2478
employee organization's constitution and bylaws. The board shall	2479
accept a filing by a statewide, national, or international	2480
employee organization of its constitution and bylaws in lieu of a	2481
filing of the documents by each subordinate organization. The	2482
exclusive representative or other employee organization originally	2483
filing its constitution and bylaws shall report, promptly, to the	2484
board all changes or amendments to its constitution and bylaws.	2485

(B) Every employee organization shall file with the board an	2486
annual report. The report shall be in a form prescribed by the	2487
board and shall contain the following information:	2488

(1) The names and addresses of the organization, any parent	2489
organization or organizations with which it is affiliated, and all	2490
organizationwide officers;	2491

(2) The name and address of its local agent for service of	2492
process;	2493

(3) A general description of the public employees the	2494
organization represents or seeks to represent;	2495

(4) The amounts of the initiation fee and monthly dues	2496
members must pay;	2497

(5) A pledge, in a form prescribed by the board, that the	2498
organization will comply with the laws of the state and that it	2499
will accept members without regard to age, race, color, sex	2500
gender, creed, religion, ancestry, or national origin,;	2501
disability, sexual orientation, gender identity, or military	2502
status as those terms are defined in section 4112.01 of the	2503
Revised Code, military status as defined in that section,; or	2504
physical disability as provided by law:;	2505

(6) A financial report.

2506

(C) The constitution or bylaws of every employee organization	2507
shall do all of the following:	2508

(1) Require that the organization keep accurate accounts of	2509
all income and expenses, prepare an annual financial report, keep	2510
open for inspection by any member of the organization its	2511
accounts, and make loans to officers and agents only on terms and	2512
conditions available to all members;	2513

(2) Prohibit business or financial interests of its officers	2514
and agents, their spouses, minor children, parents, or otherwise,	2515
in conflict with the fiduciary obligation of such persons to the	2516
organization;	2517

(3) When specifically requested by the board, require every	2518
official who is designated as a fiscal officer of an employee	2519
organization and who is responsible for funds or other property of	2520
the organization or trust in which an organization is interested,	2521
or a subsidiary organization be bonded with the amount, scope, and	2522
form of the bond determined by the board;	2523

(4) Require periodic elections of officers by secret ballot	2524
subject to recognized safeguards concerning the equal right of all	2525
members to nominate, seek office, and vote in the elections, the	2526
right of individual members to participate in the affairs of the	2527
organization, and fair and equitable procedures in disciplinary	2528
actions.	2529

(D) The board shall prescribe rules necessary to govern the	2530
establishment and reporting of trusteeships over employee	2531
organizations. The establishment of trusteeships is permissible	2532
only if the constitution or bylaws of the organization set forth	2533
reasonable procedures.	2534

(E) The board may withhold certification of an employee	2535
organization that willfully refuses to register or file an annual	2536
report or that willfully refuses to comply with other provisions	2537
of this section. The board may revoke a certification of an	2538
employee organization for willfully failing to comply with this	2539
section. The board may enforce the prohibitions contained in this	2540
section by petitioning the court of common pleas of the county in	2541
which the violation occurs for an injunction. Persons complaining	2542
of a violation of this section shall file the complaint with the	2543
board.	2544

(F) Upon the written request to the board of any member of a	2545
certified employee organization and where the board determines the	2546
necessity for an audit, the board may require the employee	2547
organization to provide a certified audit of its financial	2548
records.	2549

(G) Any employee organization subject to the	2550
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat.	2551
519, 29 U.S.C.A., 401, as amended, may file copies with the board	2552
of all reports it is required to file under that act in lieu of	2553
compliance with all parts of this section other than division (A)	2554
of this section. The board shall accept a filing by a statewide,	2555
national, or international employee organization of its reports in	2556
lieu of a filing of such reports by each subordinate organization.	2557

Sec. 4735.16.  (A) Every real estate broker licensed under	2558
this chapter shall erect or maintain a sign on the business	2559
premises plainly stating that the licensee is a real estate	2560
broker. If the real estate broker maintains one or more branch	2561
offices, the real estate broker shall erect or maintain a sign at	2562
each branch office plainly stating that the licensee is a real	2563
estate broker.	2564

(B)(1) Any licensed real estate broker or salesperson who	2565
advertises to buy, sell, exchange, or lease real estate, or to	2566
engage in any act regulated by this chapter, with respect to	2567
property the licensee does not own, shall be identified in the	2568
advertisement by name and indicate the name of the brokerage with	2569
which the licensee is affiliated.	2570

(2) Any licensed real estate broker or sales person	2571
salesperson who advertises to sell, exchange, or lease real	2572
estate, or to engage in any act regulated by this chapter, with	2573
respect to property that the licensee owns, shall be identified in	2574
the advertisement by name and indicate that the property is agent	2575
owned, and if the property is listed with a real estate brokerage,	2576
the advertisement shall also indicate the name of the brokerage	2577
with which the property is listed.	2578

(3) The name of the brokerage shall be displayed in equal	2579
prominence with the name of the salesperson in the advertisement.	2580
For purposes of this section, "brokerage" means the name the real	2581
estate company or sole broker is doing business as, or if the real	2582
estate company or sole broker does not use such a name, the name	2583
of the real estate company or sole broker as licensed.	2584

(4) A real estate broker who is representing a seller under	2585
an exclusive right to sell or lease listing agreement shall not	2586
advertise such property to the public as "for sale by owner" or	2587
otherwise mislead the public to believe that the seller is not	2588
represented by a real estate broker.	2589

(5) If any real estate broker or real estate salesperson	2590
advertises in a manner other than as provided in this section or	2591
the rules adopted under this section, that advertisement is	2592
prima-facie evidence of a violation under division (A)(21) of	2593
section 4735.18 of the Revised Code.	2594

When the superintendent determines that prima-facie evidence	2595
of a violation of division (A)(21) of section 4735.18 of the	2596
Revised Code or any of the rules adopted thereunder exists, the	2597
superintendent may do either of the following:	2598

(a) Initiate disciplinary action under section 4735.051 of	2599
the Revised Code for a violation of division (A)(21) of section	2600
4735.18 of the Revised Code, in accordance with Chapter 119. of	2601
the Revised Code;	2602

(b) Personally, or by certified mail, serve a citation upon	2603
the licensee.	2604

(C)(1) Every citation served under this section shall give	2605
notice to the licensee of the alleged violation or violations	2606
charged and inform the licensee of the opportunity to request a	2607
hearing in accordance with Chapter 119. of the Revised Code. The	2608
citation also shall contain a statement of a fine of two hundred	2609
dollars per violation, not to exceed two thousand five hundred	2610
dollars per citation. All fines collected pursuant to this section	2611
shall be credited to the real estate recovery fund, created in the	2612
state treasury under section 4735.12 of the Revised Code.	2613

(2) If any licensee is cited three times within twelve	2614
consecutive months, the superintendent shall initiate disciplinary	2615
action pursuant to section 4735.051 of the Revised Code for any	2616
subsequent violation that occurs within the same twelve-month	2617
period.	2618

(3) If a licensee fails to request a hearing within thirty	2619
days of the date of service of the citation, or the licensee and	2620
the superintendent fail to reach an alternative agreement, the	2621
citation shall become final.	2622

(4) Unless otherwise indicated, the licensee named in a final	2623
citation must meet all requirements contained in the final	2624
citation within thirty days of the effective date of that	2625
citation.	2626

(5) The superintendent shall suspend automatically a	2627
licensee's license if the licensee fails to comply with division	2628
(C)(4) of this section.	2629

(D) A real estate broker or salesperson obtaining the	2630
signature of a party to a listing or other agreement involved in a	2631
real estate transaction shall furnish a copy of the listing or	2632
other agreement to the party immediately after obtaining the	2633
party's signature. Every broker's office shall prominently display	2634
in the same immediate area as licenses are displayed a statement	2635
that it is illegal to discriminate against any person because of	2636
race, color, religion, sexgender, national origin, or ancestry;	2637
or familial status as defined in section 4112.01 of the Revised	2638
Code, national origin, military status as defined in that section,	2639
disability as defined in that section, gender identity, or	2640
ancestrysexual orientation, as those terms are defined in section	2641
4112.01 of the Revised Code, in the sale or rental of housing or	2642
residential lots, in advertising the sale or rental of housing, in	2643
the financing of housing, or in the provision of real estate	2644
brokerage services and that blockbusting also is illegal. The	2645
statement shall bear the United States department of housing and	2646
urban development equal housing logo, shall contain the	2647
information that the broker and the broker's salespersons are	2648
licensed by the division of real estate and professional licensing	2649
and that the division can assist with any consumer complaints or	2650
inquiries, and shall explain the provisions of section 4735.12 of	2651
the Revised Code. The statement shall provide the division's	2652
address and telephone number. The Ohio real estate commission	2653
shall provide by rule for the wording and size of the statement.	2654
The pamphlet required under section 4735.03 of the Revised Code	2655
shall contain the same statement that is required on the statement	2656
displayed as provided in this section and shall be made available	2657
by real estate brokers and salespersons to their clients. The	2658
commission shall provide the wording and size of the pamphlet.	2659

Sec. 4735.55.  (A) Each written agency agreement shall	2660
contain all of the following:	2661

(1) An expiration date;

2662

(2) A statement that it is illegal, pursuant to the Ohio fair	2663
housing law, division (H) of section 4112.02 of the Revised Code,	2664
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to	2665
refuse to sell, transfer, assign, rent, lease, sublease, or	2666
finance housing accommodations, refuse to negotiate for the sale	2667
or rental of housing accommodations, or otherwise deny or make	2668
unavailable housing accommodations because of race, color,	2669
religion, sexgender, national origin, or ancestry; or familial	2670
status as defined in section 4112.01 of the Revised Code,	2671
ancestry, military status as defined in that section, disability	2672
as defined in that section, gender identity, or national origin	2673
sexual orientation, as those terms are defined in section 4112.01	2674
of the Revised Code, or to so discriminate in advertising the sale	2675
or rental of housing, in the financing of housing, or in the	2676
provision of real estate brokerage services;	2677

(3) A statement defining the practice known as "blockbusting"	2678
and stating that it is illegal;	2679

(4) A copy of the United States department of housing and	2680
urban development equal housing opportunity logotype, as set forth	2681
in 24 C.F.R. 109.30, as amended.	2682

(B) Each written agency agreement shall contain a place for	2683
the licensee and the client to sign and date the agreement.	2684

(C) A licensee shall furnish a copy of any written agency	2685
agreement to a client in a timely manner after the licensee and	2686
the client have signed and dated it.	2687

Sec. 4757.07.  The counselor, social worker, and marriage and	2688
family therapist board and its professional standards committees	2689
shall not discriminate against any licensee, registrant, or	2690
applicant for a license or certificate of registration under this	2691
chapter because of the person's race, color, religion, sexgender,	2692
or national origin,; disability, sexual orientation, or gender	2693
identity, as those terms are defined in section 4112.01 of the	2694
Revised Code,; or age. The board or committee, as appropriate,	2695
shall afford a hearing to any person who files with the board or	2696
committee a statement alleging discrimination based on any of	2697
those reasons.	2698

Sec. 4758.16. The chemical dependency professionals board	2699
shall not discriminate against any licensee, certificate holder,	2700
or applicant for a license or certificate under this chapter	2701
because of the individual's race, color, religion, gender, or	2702
national origin,; disability, sexual orientation, or gender	2703
identity, as those terms are defined in section 4112.01 of the	2704
Revised Code,; or age. The board shall afford a hearing to any	2705
individual who files with the board a statement alleging	2706
discrimination based on any of those reasons.	2707

Sec. 4765.18.  The state board of emergency medical services	2708
may suspend or revoke a certificate of accreditation or a	2709
certificate of approval issued under section 4765.17 of the	2710
Revised Code for any of the following reasons:	2711

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

2712

(B) Furnishing of false, misleading, or incomplete	2713
information to the board;	2714

(C) The signing of an application or the holding of a	2715
certificate of accreditation by a person who has pleaded guilty to	2716
or has been convicted of a felony, or has pleaded guilty to or	2717
been convicted of a crime involving moral turpitude;	2718

(D) The signing of an application or the holding of a	2719
certificate of accreditation by a person who is addicted to the	2720
use of any controlled substance or has been adjudicated	2721
incompetent for that purpose by a court, as provided in section	2722
5122.301 of the Revised Code;	2723

(E) Violation of any commitment made in an application for a	2724
certificate of accreditation or certificate of approval;	2725

(F) Presentation to prospective students of misleading,	2726
false, or fraudulent information relating to the emergency medical	2727
services training program or emergency medical services continuing	2728
education program, employment opportunities, or opportunities for	2729
enrollment in accredited institutions of higher education after	2730
entering or completing courses offered by the operator of a	2731
program;	2732

(G) Failure to maintain in a safe and sanitary condition	2733
premises and equipment used in conducting courses of study;	2734

(H) Failure to maintain financial resources adequate for the	2735
satisfactory conduct of courses of study or to retain a sufficient	2736
number of certified instructors;	2737

(I) Discrimination in the acceptance of students upon the	2738
basis of sexual orientation or gender identity as those terms are	2739
defined in section 4112.01 of the Revised Code, race, color,	2740
religion, sexgender, or national origin.	2741

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	2742
pursuant to division (D) of this section, no individual who has	2743
been convicted of or pleaded guilty to a violation described in	2744
division (A)(9) of section 109.572 of the Revised Code, a	2745
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	2746
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	2747
of the Revised Code or a violation of an existing or former law or	2748
ordinance of any municipal corporation, this state, any other	2749
state, or the United States that is substantially equivalent to	2750
any of those violations, or two violations of section 4511.19 of	2751
the Revised Code during operation of the center or home shall be	2752
certified as an in-home aide or be employed in any capacity in or	2753
own or operate a child day-care center, type A family day-care	2754
home, type B family day-care home, or certified type B family	2755
day-care home.	2756

(2) Each employee of a child day-care center and type A home	2757
and every person eighteen years of age or older residing in a type	2758
A home shall sign a statement on forms prescribed by the director	2759
of job and family services attesting to the fact that the employee	2760
or resident person has not been convicted of or pleaded guilty to	2761
any offense set forth in division (A)(1) of this section and that	2762
no child has been removed from the employee's or resident person's	2763
home pursuant to section 2151.353 of the Revised Code. Each	2764
licensee of a type A home shall sign a statement on a form	2765
prescribed by the director attesting to the fact that no person	2766
who resides at the type A home and who is under the age of	2767
eighteen has been adjudicated a delinquent child for committing a	2768
violation of any section listed in division (A)(1) of this	2769
section. The statements shall be kept on file at the center or	2770
type A home.	2771

(3) Each in-home aide and every person eighteen years of age	2772
or older residing in a certified type B home shall sign a	2773
statement on forms prescribed by the director of job and family	2774
services attesting that the aide or resident person has not been	2775
convicted of or pleaded guilty to any offense set forth in	2776
division (A)(1) of this section and that no child has been removed	2777
from the aide's or resident person's home pursuant to section	2778
2151.353 of the Revised Code. Each authorized provider shall sign	2779
a statement on forms prescribed by the director attesting that the	2780
provider 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 provider's home pursuant to	2783
section 2151.353 of the Revised Code. Each authorized provider	2784
shall sign a statement on a form prescribed by the director	2785
attesting to the fact that no person who resides at the certified	2786
type B home and who is under the age of eighteen has been	2787
adjudicated a delinquent child for committing a violation of any	2788
section listed in division (A)(1) of this section. The statements	2789
shall be kept on file at the county department of job and family	2790
services.	2791

(4) Each administrator and licensee of a center or type A	2792
home shall sign a statement on a form prescribed by the director	2793
of job and family services attesting that the administrator or	2794
licensee has not been convicted of or pleaded guilty to any	2795
offense set forth in division (A)(1) of this section and that no	2796
child has been removed from the administrator's or licensee's home	2797
pursuant to section 2151.353 of the Revised Code. The statement	2798
shall be kept on file at the center or type A home.	2799

(B) No in-home aide, no administrator, licensee, authorized	2800
provider, or employee of a center, type A home, or certified type	2801
B home, and no person eighteen years of age or older residing in a	2802
type A home or certified type B home shall withhold information	2803
from, or falsify information on, any statement required pursuant	2804
to division (A)(2), (3), or (4) of this section.	2805

(C) No administrator, licensee, or child-care staff member	2806
shall discriminate in the enrollment of children in a child	2807
day-care center upon the basis of sexual orientation or gender	2808
identity as those terms are defined in section 4112.01 of the	2809
Revised Code, race, color, religion, sexgender, or national	2810
origin.	2811

(D) The director of job and family services shall adopt rules	2812
pursuant to Chapter 119. of the Revised Code to implement this	2813
section, including rules specifying exceptions to the prohibition	2814
in division (A) of this section for persons who have been	2815
convicted of an offense listed in that division but meet	2816
rehabilitation standards set by the department.	2817

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

2818

(1) "Transitional child care" means publicly funded child	2819
care provided under division (A)(3) of section 5104.34 of the	2820
Revised Code.	2821

(2) "Transitional medicaid" means the medical assistance	2822
provided under section 5111.0115 of the Revised Code.	2823

(B) Except as provided in division (C) of this section, each	2824
member of an assistance group participating in Ohio works first is	2825
ineligible to participate in the program for six payment months if	2826
a county department of job and family services determines that a	2827
member of the assistance group terminated the member's employment	2828
and each person who, on the day prior to the day a recipient	2829
begins to receive transitional child care or transitional	2830
medicaid, was a member of the recipient's assistance group is	2831
ineligible to participate in Ohio works first for six payment	2832
months if a county department determines that the recipient	2833
terminated the recipient's employment.	2834

(C) No assistance group member shall lose or be denied	2835
eligibility to participate in Ohio works first pursuant to	2836
division (B) of this section if the termination of employment was	2837
because an assistance group member or recipient of transitional	2838
child care or transitional medicaid secured comparable or better	2839
employment or the county department of job and family services	2840
certifies that the member or recipient terminated the employment	2841
with just cause.	2842

Just cause includes the following:

2843

(1) Discrimination by an employer based on sexual orientation	2844
or gender identity as those terms are defined in section 4112.01	2845
of the Revised Code, age, race, sexgender, color, handicap,	2846
religious beliefs, or national origin;	2847

(2) Work demands or conditions that render continued	2848
employment unreasonable, such as working without being paid on	2849
schedule;	2850

(3) Employment that has become unsuitable due to any of the	2851
following:	2852

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

2853

(b) The work is at a site subject to a strike or lockout,	2854
unless the strike has been enjoined under section 208 of the	2855
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	2856
178, as amended, an injunction has been issued under section 10 of	2857
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	2858
amended, or an injunction has been issued under section 4117.16 of	2859
the Revised Code;	2860

(c) The documented degree of risk to the member or	2861
recipient's health and safety is unreasonable;	2862

(d) The member or recipient is physically or mentally unfit	2863
to perform the employment, as documented by medical evidence or by	2864
reliable information from other sources.	2865

(4) Documented illness of the member or recipient or of	2866
another assistance group member of the member or recipient	2867
requiring the presence of the member or recipient;	2868

(5) A documented household emergency;

2869

(6) Lack of adequate child care for children of the member or	2870
recipient who are under six years of age.	2871

Sec. 5111.31.  (A) Every provider agreement with the provider	2872
of a nursing facility or intermediate care facility for the	2873
mentally retarded shall:	2874

(1) Prohibit the provider from failing or refusing to retain	2875
as a patient any person because the person is, becomes, or may, as	2876
a patient in the facility, become a medicaid recipient. For the	2877
purposes of this division, a medicaid recipient who is a patient	2878
in a facility shall be considered a patient in the facility during	2879
any hospital stays totaling less than twenty-five days during any	2880
twelve-month period. Recipients who have been identified by the	2881
department of job and family services or its designee as requiring	2882
the level of care of an intermediate care facility for the	2883
mentally retarded shall not be subject to a maximum period of	2884
absences during which they are considered patients if prior	2885
authorization of the department for visits with relatives and	2886
friends and participation in therapeutic programs is obtained	2887
under rules adopted under section 5111.02 of the Revised Code.	2888

(2) Except as provided by division (B)(1) of this section,	2889
include any part of the facility that meets standards for	2890
certification of compliance with federal and state laws and rules	2891
for participation in the medicaid program.	2892

(3) Prohibit the provider from discriminating against any	2893
patient on the basis of sexual orientation or gender identity as	2894
those terms are defined in section 4112.01 of the Revised Code,	2895
race, color, sexgender, creed, or national origin.	2896

(4) Except as otherwise prohibited under section 5111.55 of	2897
the Revised Code, prohibit the provider from failing or refusing	2898
to accept a patient because the patient is, becomes, or may, as a	2899
patient in the facility, become a medicaid recipient if less than	2900
eighty per cent of the patients in the facility are medicaid	2901
recipients.	2902

(B)(1) Except as provided by division (B)(2) of this section,	2903
the following are not required to be included in a provider	2904
agreement unless otherwise required by federal law:	2905

(a) Beds added during the period beginning July 1, 1987, and	2906
ending July 1, 1993, to a nursing home licensed under Chapter	2907
3721. of the Revised Code;	2908

(b) Beds in an intermediate care facility for the mentally	2909
retarded that are designated for respite care under a medicaid	2910
waiver component operated pursuant to a waiver sought under	2911
section 5111.87 of the Revised Code.	2912

(2) If a provider chooses to include a bed specified in	2913
division (B)(1)(a) of this section in a provider agreement, the	2914
bed may not be removed from the provider agreement unless the	2915
provider withdraws the facility in which the bed is located from	2916
the medicaid program.	2917

(C) Nothing in this section shall bar a provider that is a	2918
religious organization operating a religious or denominational	2919
nursing facility or intermediate care facility for the mentally	2920
retarded from giving preference to persons of the same religion or	2921
denomination. Nothing in this section shall bar any provider from	2922
giving preference to persons with whom the provider has contracted	2923
to provide continuing care.	2924

(D) Nothing in this section shall bar the provider of a	2925
county home organized under Chapter 5155. of the Revised Code from	2926
admitting residents exclusively from the county in which the	2927
county home is located.	2928

(E) No provider of a nursing facility or intermediate care	2929
facility for the mentally retarded for which a provider agreement	2930
is in effect shall violate the provider contract obligations	2931
imposed under this section.	2932

(F) Nothing in divisions (A) and (C) of this section shall	2933
bar a provider from retaining patients who have resided in the	2934
provider's facility for not less than one year as private pay	2935
patients and who subsequently become medicaid recipients, but	2936
refusing to accept as a patient any person who is or may, as a	2937
patient in the facility, become a medicaid recipient, if all of	2938
the following apply:	2939

(1) The provider does not refuse to retain any patient who	2940
has resided in the provider's facility for not less than one year	2941
as a private pay patient because the patient becomes a medicaid	2942
recipient, except as necessary to comply with division (F)(2) of	2943
this section;	2944

(2) The number of medicaid recipients retained under this	2945
division does not at any time exceed ten per cent of all the	2946
patients in the facility;	2947

(3) On July 1, 1980, all the patients in the facility were	2948
private pay patients.	2949

Sec. 5119.623.  The director of mental health may withhold	2950
funds otherwise to be allocated to a board of alcohol, drug	2951
addiction, and mental health services under section 5119.62 of the	2952
Revised Code if the board denies available service on the basis of	2953
religion, race, color, creed, sexgender, national origin, or	2954
age,; disability, sexual orientation, or gender identity, as those	2955
terms are defined in section 4112.01 of the Revised Code,; or	2956
developmental disability.	2957

Sec. 5123.351.  The director of developmental disabilities,	2958
with respect to the eligibility for state reimbursement of	2959
expenses incurred by facilities and programs established and	2960
operated under Chapter 5126. of the Revised Code for persons with	2961
mental retardation or a developmental disability, shall do all of	2962
the following:	2963

(A) Make rules that may be necessary to carry out the	2964
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	2965
5123.36 of the Revised Code;	2966

(B) Define minimum standards for qualifications of personnel,	2967
professional services, and in-service training and educational	2968
leave programs;	2969

(C) Review and evaluate community programs and make	2970
recommendations for needed improvements to county boards of	2971
developmental disabilities and to program directors;	2972

(D) Withhold state reimbursement, in whole or in part, from	2973
any county or combination of counties for failure to comply with	2974
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	2975
or rules of the department of developmental disabilities;	2976

(E) Withhold state funds from an agency, corporation, or	2977
association denying or rendering service on the basis of race,	2978
color, sexgender, religion, ancestry, or national origin,;	2979
disability, sexual orientation, or gender identity, as those terms	2980
are defined in section 4112.01 of the Revised Code,; or inability	2981
to pay;	2982

(F) Provide consultative staff service to communities to	2983
assist in ascertaining needs and in planning and establishing	2984
programs.	2985

Sec. 5126.07.  No county board of developmental disabilities	2986
or any agency, corporation, or association under contract with a	2987
county board of developmental disabilities shall discriminate in	2988
the provision of services under its authority or contract on the	2989
basis of sexual orientation or gender identity as those terms are	2990
defined in section 4112.01 of the Revised Code, race, color, sex	2991
gender, creed, disability, national origin, or the inability to	2992
pay.	2993

Each county board of developmental disabilities shall provide	2994
a plan of affirmative action describing its goals and methods for	2995
the provision of equal employment opportunities for all persons	2996
under its authority and shall ensure nondiscrimination in	2997
employment under its authority or contract on the basis of sexual	2998
orientation or gender identity as those terms are defined in	2999
section 4112.01 of the Revised Code, race, color, sexgender,	3000
creed, disability, or national origin.	3001

Sec. 5515.08.  (A) The department of transportation may	3002
contract to sell commercial advertising space within or on the	3003
outside surfaces of any building located within a roadside rest	3004
area under its jurisdiction in exchange for cash payment. Money	3005
the department receives under this section shall be deposited in	3006
the state treasury to the credit of the roadside rest area	3007
improvement fund, which is hereby created. The department shall	3008
use the money in the fund only to improve roadside rest areas in	3009
accordance with section 5529.06 of the Revised Code.	3010

(B) Advertising placed under this section shall comply with	3011
all of the following:	3012

(1) It shall not be libelous or obscene and shall not promote	3013
any illegal product or service.	3014

(2) It shall not promote illegal discrimination on the basis	3015
of the sexual orientation or gender identity as those terms are	3016
defined in section 4112.01 of the Revised Code, race, religion,	3017
gender, national origin, handicap, age, or ancestry of any person.	3018

(3) It shall not support or oppose any candidate for	3019
political office or any political cause, issue, or organization.	3020

(4) It shall comply with any controlling federal or state	3021
regulations or restrictions.	3022

(5) To the extent physically and technically practical, it	3023
shall state that the advertisement is a paid commercial	3024
advertisement and that the state does not endorse the product or	3025
service promoted by the advertisement or make any representation	3026
about the accuracy of the advertisement or the quality or	3027
performance of the product or service promoted by the	3028
advertisement.	3029

(6) It shall conform to all applicable rules adopted by the	3030
director of transportation under division (E) of this section.	3031

(C) Contracts entered into under this section shall be	3032
awarded only to the qualified bidder who submits the highest	3033
responsive bid or according to uniformly applied rate classes.	3034

(D) No person, except an advertiser alleging a breach of	3035
contract or the improper awarding of a contract, has a cause of	3036
action against the state with respect to any contract or	3037
advertising authorized by this section. Under no circumstances is	3038
the state liable for consequential or noneconomic damages with	3039
respect to any contract or advertising authorized under this	3040
section.	3041

(E) The director, in accordance with Chapter 119. of the	3042
Revised Code, shall adopt rules to implement this section. The	3043
rules shall be consistent with the policy of protecting the safety	3044
of the traveling public and consistent with the national policy	3045
governing the use and control of such roadside rest areas. The	3046
rules shall regulate the awarding of contracts and may regulate	3047
the content, display, and other aspects of the commercial	3048
advertising authorized by this section.	3049

Sec. 5709.832.  The legislative authority of a county,	3050
township, or municipal corporation that grants an exemption from	3051
taxation under Chapter 725. or 1728. or section 3735.67, 5709.40,	3052
5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the	3053
Revised Code shall develop policies to ensure that the recipient	3054
of the exemption practices nondiscriminatory hiring in its	3055
operations. As used in this section, "nondiscriminatory hiring"	3056
means that no individual may be denied employment solely on the	3057
basis of sexual orientation or gender identity as those terms are	3058
defined in section 4112.01 of the Revised Code, race, religion,	3059
sexgender, disability, color, national origin, or ancestry.	3060

Section 2.  That existing sections 9.03, 124.93, 125.111,	3061
340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36,	3062
3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13,	3063
3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05,	3064
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18,	3065
5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 5515.08,	3066
and 5709.832 of the Revised Code are hereby repealed.	3067

Section 3.  Section 4112.04 of the Revised Code is presented	3068
in this act as a composite of the section as amended by both Am.	3069
Sub. H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of	3070
the 128th General Assembly. The General Assembly, applying the	3071
principle stated in division (B) of section 1.52 of the Revised	3072
Code that amendments are to be harmonized if reasonably capable of	3073
simultaneous operation, finds that the composite is the resulting	3074
version of the section in effect prior to the effective date of	3075
the section as presented in this act.	3076