(1) "Person" includes one or more individuals, partnerships, | 9 |
associations, organizations, corporations, legal representatives, | 10 |
trustees, trustees in bankruptcy, receivers, and other organized | 11 |
groups of persons. "Person" also includes, but is not limited to, | 12 |
any owner, lessor, assignor, builder, manager, broker, | 13 |
salesperson, appraiser, agent, employee, lending institution, and | 14 |
the state and all political subdivisions, authorities, agencies, | 15 |
boards, and commissions of the state. | 16 |
(9) "Place of public accommodation" means any inn, | 39 |
restaurant, eating house, barbershop, public conveyance by air, | 40 |
land, or water, theater, store, other place for the sale of | 41 |
merchandise, or any other place of public accommodation or | 42 |
amusement of which the accommodations, advantages, facilities, or | 43 |
privileges are available to the public. | 44 |
(10) "Housing accommodations" includes any building or | 45 |
structure, or portion of a building or structure, that is used or | 46 |
occupied or is intended, arranged, or designed to be used or | 47 |
occupied as the home residence, dwelling, dwelling unit, or | 48 |
sleeping place of one or more individuals, groups, or families | 49 |
whether or not living independently of each other; and any vacant | 50 |
land offered for sale or lease. "Housing accommodations" also | 51 |
includes any housing accommodations held or offered for sale or | 52 |
rent by a real estate broker, salesperson, or agent, by any other | 53 |
person pursuant to authorization of the owner, by the owner, or by | 54 |
the owner's legal representative. | 55 |
(11) "Restrictive covenant" means any specification limiting | 56 |
the transfer, rental, lease, or other use of any housing | 57 |
accommodations because of race, color, religion, sex, military | 58 |
status, familial status, national origin, disability, or ancestry, | 59 |
or any limitation based upon affiliation with or approval by any | 60 |
person, directly or indirectly, employing race, color, religion, | 61 |
sex, military status, familial status, national origin, | 62 |
disability, or ancestry as a condition of affiliation or approval. | 63 |
(13) "Disability" means a physical or mental impairment that | 69 |
substantially limits one or more major life activities, including | 70 |
the functions of caring for one's self, performing manual tasks, | 71 |
walking, seeing, hearing, speaking, breathing, learning, and | 72 |
working; a record of a physical or mental impairment; or being | 73 |
regarded as having a physical or mental impairment. | 74 |
(iii) Diseases and conditions, including, but not limited to, | 98 |
orthopedic, visual, speech, and hearing impairments, cerebral | 99 |
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 100 |
cancer, heart disease, diabetes, human immunodeficiency virus | 101 |
infection, mental retardation, emotional illness, drug addiction, | 102 |
and alcoholism. | 103 |
(18) "Common use areas" means rooms, spaces, or elements | 116 |
inside or outside a building that are made available for the use | 117 |
of residents of the building or their guests, and includes, but is | 118 |
not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 119 |
rooms, mail rooms, recreational areas, and passageways among and | 120 |
between buildings. | 121 |
(B) For the purposes of divisions (A) to (F) of section | 141 |
4112.02 of the Revised Code, the terms "because of sex" and "on | 142 |
the basis of sex" include, but are not limited to, because of or | 143 |
on the basis of pregnancy, any illness arising out of and | 144 |
occurring during the course of a pregnancy, childbirth, or related | 145 |
medical conditions. Women affected by pregnancy, childbirth, or | 146 |
related medical conditions shall be treated the same for all | 147 |
employment-related purposes, including receipt of benefits under | 148 |
fringe benefit programs, as other persons not so affected but | 149 |
similar in their ability or inability to work, and nothing in | 150 |
division (B) of section 4111.17 of the Revised Code shall be | 151 |
interpreted to permit otherwise. This division shall not be | 152 |
construed to require an employer to pay for health insurance | 153 |
benefits for abortion, except where the life of the mother would | 154 |
be endangered if the fetus were carried to term or except where | 155 |
medical complications have arisen from the abortion, provided that | 156 |
nothing in this division precludes an employer from providing | 157 |
abortion benefits or otherwise affects bargaining agreements in | 158 |
regard to abortion. | 159 |
(A) For any employer, because of the race, color, religion, | 162 |
sex, military status, national origin, disability, age, or | 163 |
ancestry of any person, to discharge without just cause, to refuse | 164 |
to hire, or otherwise to discriminate against that person with | 165 |
respect to hire, tenure, terms, conditions, or privileges of | 166 |
employment, or any matter directly or indirectly related to | 167 |
employment. | 168 |
(2) Discriminate against, limit the employment opportunities | 183 |
of, or otherwise adversely affect the employment status, wages, | 184 |
hours, or employment conditions of any person as an employee | 185 |
because of race, color, religion, sex, military status, national | 186 |
origin, disability, age, or ancestry. | 187 |
(D) For any employer, labor organization, or joint | 188 |
labor-management committee controlling apprentice training | 189 |
programs to discriminate against any person because of race, | 190 |
color, religion, sex, military status, national origin, | 191 |
disability, or ancestry in admission to, or employment in, any | 192 |
program established to provide apprentice training. | 193 |
(3) Use any form of application for employment, or personnel | 206 |
or membership blank, seeking to elicit information regarding race, | 207 |
color, religion, sex, military status, national origin, | 208 |
disability, age, or ancestry; but an employer holding a contract | 209 |
containing a nondiscrimination clause with the government of the | 210 |
United States, or any department or agency of that government, may | 211 |
require an employee or applicant for employment to furnish | 212 |
documentary proof of United States citizenship and may retain that | 213 |
proof in the employer's personnel records and may use photographic | 214 |
or fingerprint identification for security purposes; | 215 |
(4) Print or publish or cause to be printed or published any | 216 |
notice or advertisement relating to employment or membership | 217 |
indicating any preference, limitation, specification, or | 218 |
discrimination, based upon race, color, religion, sex, military | 219 |
status, national origin, disability, age, or ancestry; | 220 |
(6) Utilize in the recruitment or hiring of persons any | 226 |
employment agency, personnel placement service, training school or | 227 |
center, labor organization, or any other employee-referring source | 228 |
known to discriminate against persons because of their race, | 229 |
color, religion, sex, military status, national origin, | 230 |
disability, age, or ancestry; | 231 |
Division (E)(7) of this section does not prohibit an employer | 242 |
from printing or publishing or causing to be printed or published | 243 |
any notice or advertisement relating to employment that includes | 244 |
any provision granting a preference in employment decisions to | 245 |
current employees of the employer or requiring previous experience | 246 |
that is relevant to the employment, such as the holding of a | 247 |
current and valid professional or occupational license or other | 248 |
credential or a minimum level of education or training or | 249 |
professional, occupational, or field experience. | 250 |
(F) For any person seeking employment to publish or cause to | 251 |
be published any advertisement that specifies or in any manner | 252 |
indicates that person's race, color, religion, sex, military | 253 |
status, national origin, disability, age, or ancestry, or | 254 |
expresses a limitation or preference as to the race, color, | 255 |
religion, sex, military status, national origin, disability, age, | 256 |
or ancestry of any prospective employer. | 257 |
(G) For any proprietor or any employee, keeper, or manager of | 258 |
a place of public accommodation to deny to any person, except for | 259 |
reasons applicable alike to all persons regardless of race, color, | 260 |
religion, sex, military status, national origin, disability, age, | 261 |
or ancestry, the full enjoyment of the accommodations, advantages, | 262 |
facilities, or privileges of the place of public accommodation. | 263 |
(1) Refuse to sell, transfer, assign, rent, lease, sublease, | 265 |
or finance housing accommodations, refuse to negotiate for the | 266 |
sale or rental of housing accommodations, or otherwise deny or | 267 |
make unavailable housing accommodations because of race, color, | 268 |
religion, sex, military status, familial status, ancestry, | 269 |
disability, or national origin; | 270 |
(3) Discriminate against any person in the making or | 275 |
purchasing of loans or the provision of other financial assistance | 276 |
for the acquisition, construction, rehabilitation, repair, or | 277 |
maintenance of housing accommodations, or any person in the making | 278 |
or purchasing of loans or the provision of other financial | 279 |
assistance that is secured by residential real estate, because of | 280 |
race, color, religion, sex, military status, familial status, | 281 |
ancestry, disability, or national origin or because of the racial | 282 |
composition of the neighborhood in which the housing | 283 |
accommodations are located, provided that the person, whether an | 284 |
individual, corporation, or association of any type, lends money | 285 |
as one of the principal aspects or incident to the person's | 286 |
principal business and not only as a part of the purchase price of | 287 |
an owner-occupied residence the person is selling nor merely | 288 |
casually or occasionally to a relative or friend; | 289 |
(4) Discriminate against any person in the terms or | 290 |
conditions of selling, transferring, assigning, renting, leasing, | 291 |
or subleasing any housing accommodations or in furnishing | 292 |
facilities, services, or privileges in connection with the | 293 |
ownership, occupancy, or use of any housing accommodations, | 294 |
including the sale of fire, extended coverage, or homeowners | 295 |
insurance, because of race, color, religion, sex, military status, | 296 |
familial status, ancestry, disability, or national origin or | 297 |
because of the racial composition of the neighborhood in which the | 298 |
housing accommodations are located; | 299 |
(5) Discriminate against any person in the terms or | 300 |
conditions of any loan of money, whether or not secured by | 301 |
mortgage or otherwise, for the acquisition, construction, | 302 |
rehabilitation, repair, or maintenance of housing accommodations | 303 |
because of race, color, religion, sex, military status, familial | 304 |
status, ancestry, disability, or national origin or because of the | 305 |
racial composition of the neighborhood in which the housing | 306 |
accommodations are located; | 307 |
(7) Print, publish, or circulate any statement or | 311 |
advertisement, or make or cause to be made any statement or | 312 |
advertisement, relating to the sale, transfer, assignment, rental, | 313 |
lease, sublease, or acquisition of any housing accommodations, or | 314 |
relating to the loan of money, whether or not secured by mortgage | 315 |
or otherwise, for the acquisition, construction, rehabilitation, | 316 |
repair, or maintenance of housing accommodations, that indicates | 317 |
any preference, limitation, specification, or discrimination based | 318 |
upon race, color, religion, sex, military status, familial status, | 319 |
ancestry, disability, or national origin, or an intention to make | 320 |
any such preference, limitation, specification, or discrimination; | 321 |
(8) Except as otherwise provided in division (H)(8) or (17) | 322 |
of this section, make any inquiry, elicit any information, make or | 323 |
keep any record, or use any form of application containing | 324 |
questions or entries concerning race, color, religion, sex, | 325 |
military status, familial status, ancestry, disability, or | 326 |
national origin in connection with the sale or lease of any | 327 |
housing accommodations or the loan of any money, whether or not | 328 |
secured by mortgage or otherwise, for the acquisition, | 329 |
construction, rehabilitation, repair, or maintenance of housing | 330 |
accommodations. Any person may make inquiries, and make and keep | 331 |
records, concerning race, color, religion, sex, military status, | 332 |
familial status, ancestry, disability, or national origin for the | 333 |
purpose of monitoring compliance with this chapter. | 334 |
(10) Induce or solicit, or attempt to induce or solicit, a | 338 |
housing accommodations listing, sale, or transaction by | 339 |
representing that a change has occurred or may occur with respect | 340 |
to the racial, religious, sexual, military status, familial | 341 |
status, or ethnic composition of the block, neighborhood, or other | 342 |
area in which the housing accommodations are located, or induce or | 343 |
solicit, or attempt to induce or solicit, a housing accommodations | 344 |
listing, sale, or transaction by representing that the presence or | 345 |
anticipated presence of persons of any race, color, religion, sex, | 346 |
military status, familial status, ancestry, disability, or | 347 |
national origin, in the block, neighborhood, or other area will or | 348 |
may have results including, but not limited to, the following: | 349 |
(11) Deny any person access to or membership or participation | 358 |
in any multiple-listing service, real estate brokers' | 359 |
organization, or other service, organization, or facility relating | 360 |
to the business of selling or renting housing accommodations, or | 361 |
discriminate against any person in the terms or conditions of that | 362 |
access, membership, or participation, on account of race, color, | 363 |
religion, sex, military status, familial status, national origin, | 364 |
disability, or ancestry; | 365 |
(14) Refuse to sell, transfer, assign, rent, lease, sublease, | 376 |
or finance, or otherwise deny or withhold, a burial lot from any | 377 |
person because of the race, color, sex, military status, familial | 378 |
status, age, ancestry, disability, or national origin of any | 379 |
prospective owner or user of the lot; | 380 |
(17) Except as otherwise provided in division (H)(17) of this | 401 |
section, make an inquiry to determine whether an applicant for the | 402 |
sale or rental of housing accommodations, a person residing in or | 403 |
intending to reside in the housing accommodations after they are | 404 |
sold, rented, or made available, or any individual associated with | 405 |
that person has a disability, or make an inquiry to determine the | 406 |
nature or severity of a disability of the applicant or such a | 407 |
person or individual. The following inquiries may be made of all | 408 |
applicants for the sale or rental of housing accommodations, | 409 |
regardless of whether they have disabilities: | 410 |
(18)(a) Refuse to permit, at the expense of a person with a | 427 |
disability, reasonable modifications of existing housing | 428 |
accommodations that are occupied or to be occupied by the person | 429 |
with a disability, if the modifications may be necessary to afford | 430 |
the person with a disability full enjoyment of the housing | 431 |
accommodations. This division does not preclude a landlord of | 432 |
housing accommodations that are rented or to be rented to a | 433 |
disabled tenant from conditioning permission for a proposed | 434 |
modification upon the disabled tenant's doing one or more of the | 435 |
following: | 436 |
(iii) Paying into an interest-bearing escrow account that is | 448 |
in the landlord's name, over a reasonable period of time, a | 449 |
reasonable amount of money not to exceed the projected costs at | 450 |
the end of the tenancy of the restoration of the interior of the | 451 |
housing accommodations to the condition they were in prior to the | 452 |
proposed modification, but subject to reasonable wear and tear | 453 |
during the period of occupancy, if the landlord finds the account | 454 |
reasonably necessary to ensure the availability of funds for the | 455 |
restoration work. The interest earned in connection with an escrow | 456 |
account described in this division shall accrue to the benefit of | 457 |
the disabled tenant who makes payments into the account. | 458 |
(iii) All premises within covered multifamily dwelling units | 487 |
shall contain an accessible route into and through the dwelling; | 488 |
all light switches, electrical outlets, thermostats, and other | 489 |
environmental controls within such units shall be in accessible | 490 |
locations; the bathroom walls within such units shall contain | 491 |
reinforcements to allow later installation of grab bars; and the | 492 |
kitchens and bathrooms within such units shall be designed and | 493 |
constructed in a manner that enables an individual in a wheelchair | 494 |
to maneuver about such rooms. | 495 |
(K)(1) Nothing in division (H) of this section shall bar any | 512 |
religious or denominational institution or organization, or any | 513 |
nonprofit charitable or educational organization that is operated, | 514 |
supervised, or controlled by or in connection with a religious | 515 |
organization, from limiting the sale, rental, or occupancy of | 516 |
housing accommodations that it owns or operates for other than a | 517 |
commercial purpose to persons of the same religion, or from giving | 518 |
preference in the sale, rental, or occupancy of such housing | 519 |
accommodations to persons of the same religion, unless membership | 520 |
in the religion is restricted on account of race, color, or | 521 |
national origin. | 522 |
(3) Nothing in division (H) of this section limits the | 528 |
applicability of any reasonable local, state, or federal | 529 |
restrictions regarding the maximum number of occupants permitted | 530 |
to occupy housing accommodations. Nothing in that division | 531 |
prohibits the owners or managers of housing accommodations from | 532 |
implementing reasonable occupancy standards based on the number | 533 |
and size of sleeping areas or bedrooms and the overall size of a | 534 |
dwelling unit, provided that the standards are not implemented to | 535 |
circumvent the purposes of this chapter and are formulated, | 536 |
implemented, and interpreted in a manner consistent with this | 537 |
chapter and any applicable local, state, or federal restrictions | 538 |
regarding the maximum number of occupants permitted to occupy | 539 |
housing accommodations. | 540 |
(L) Nothing in divisions (A) to (E) of this section shall be | 560 |
construed to require a person with a disability to be employed or | 561 |
trained under circumstances that would significantly increase the | 562 |
occupational hazards affecting either the person with a | 563 |
disability, other employees, the general public, or the facilities | 564 |
in which the work is to be performed, or to require the employment | 565 |
or training of a person with a disability in a job that requires | 566 |
the person with a disability routinely to undertake any task, the | 567 |
performance of which is substantially and inherently impaired by | 568 |
the person's disability. | 569 |
(M) Nothing in divisions (H)(1) to (18) of this section shall | 570 |
be construed to require any person selling or renting property to | 571 |
modify the property in any way or to exercise a higher degree of | 572 |
care for a person with a disability, to relieve any person with a | 573 |
disability of any obligation generally imposed on all persons | 574 |
regardless of disability in a written lease, rental agreement, or | 575 |
contract of purchase or sale, or to forbid distinctions based on | 576 |
the inability to fulfill the terms and conditions, including | 577 |
financial obligations, of the lease, agreement, or contract. | 578 |
(2) Observe the terms of a bona fide seniority system or any | 600 |
bona fide employee benefit plan, including, but not limited to, a | 601 |
retirement, pension, or insurance plan, that is not a subterfuge | 602 |
to evade the purposes of this section. However, no such employee | 603 |
benefit plan shall excuse the failure to hire any individual, and | 604 |
no such seniority system or employee benefit plan shall require or | 605 |
permit the involuntary retirement of any individual, because of | 606 |
the individual's age except as provided for in the "Age | 607 |
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 608 |
29 U.S.C.A. 623, as amended by the "Age Discrimination in | 609 |
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 610 |
623, as amended. | 611 |
(3) Retire an employee who has attained sixty-five years of | 612 |
age who, for the two-year period immediately before retirement, is | 613 |
employed in a bona fide executive or a high policymaking position, | 614 |
if the employee is entitled to an immediate nonforfeitable annual | 615 |
retirement benefit from a pension, profit-sharing, savings, or | 616 |
deferred compensation plan, or any combination of those plans, of | 617 |
the employer of the employee, which equals, in the aggregate, at | 618 |
least forty-four thousand dollars, in accordance with the | 619 |
conditions of the "Age Discrimination in Employment Act Amendment | 620 |
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 621 |
Discrimination in Employment Act Amendments of 1986," 100 Stat. | 622 |
3342, 29 U.S.C.A. 631, as amended; | 623 |
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 659 |
section, for purposes of divisions (A) to (E) of this section, a | 660 |
disability does not include any physiological disorder or | 661 |
condition, mental or psychological disorder, or disease or | 662 |
condition caused by an illegal use of any controlled substance by | 663 |
an employee, applicant, or other person, if an employer, | 664 |
employment agency, personnel placement service, labor | 665 |
organization, or joint labor-management committee acts on the | 666 |
basis of that illegal use. | 667 |
(e) Holding an employee who engages in the illegal use of any | 701 |
controlled substance or who is an alcoholic to the same | 702 |
qualification standards for employment or job performance, and the | 703 |
same behavior, to which the employer, employment agency, personnel | 704 |
placement service, labor organization, or joint labor-management | 705 |
committee holds other employees, even if any unsatisfactory | 706 |
performance or behavior is related to an employee's illegal use of | 707 |
a controlled substance or alcoholism; | 708 |
(4) Division (Q) of this section does not encourage, | 716 |
prohibit, or authorize, and shall not be construed as encouraging, | 717 |
prohibiting, or authorizing, the conduct of testing for the | 718 |
illegal use of any controlled substance by employees, applicants, | 719 |
or other persons, or the making of employment decisions based on | 720 |
the results of that type of testing. | 721 |
Sec. 4112.05. (A) The commission, as provided in this | 722 |
section, shall prevent any person from engaging in unlawful | 723 |
discriminatory practices, provided that, before instituting the | 724 |
formal hearing authorized by division (B) of this section, it | 725 |
shall attempt, by informal methods of conference, conciliation, | 726 |
and persuasion, to induce compliance with this chapter. | 727 |
(B)(1) Any person may file a charge with the commission | 728 |
alleging that another person has engaged or is engaging in an | 729 |
unlawful discriminatory practice. In the case of a charge alleging | 730 |
an unlawful discriminatory practice described in division (A), | 731 |
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in | 732 |
section 4112.021 or 4112.022 of the Revised Code, the charge shall | 733 |
be in writing and under oath and shall be filed with the | 734 |
commission within six months after the alleged unlawful | 735 |
discriminatory practice was committed. In the case of a charge | 736 |
alleging an unlawful discriminatory practice described in division | 737 |
(H) of section 4112.02 of the Revised Code, the charge shall be in | 738 |
writing and under oath and shall be filed with the commission | 739 |
within one year after the alleged unlawful discriminatory practice | 740 |
was committed. | 741 |
(2) Upon receiving a charge, the commission may initiate a | 742 |
preliminary investigation to determine whether it is probable that | 743 |
an unlawful discriminatory practice has been or is being engaged | 744 |
in. The commission also may conduct, upon its own initiative and | 745 |
independent of the filing of any charges, a preliminary | 746 |
investigation relating to any of the unlawful discriminatory | 747 |
practices described in division (A), (B), (C), (D), (E), (F), (I), | 748 |
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of | 749 |
the Revised Code. Prior to a notification of a complainant under | 750 |
division (B)(4) of this section or prior to the commencement of | 751 |
informal methods of conference, conciliation, and persuasion under | 752 |
that division, the members of the commission and the officers and | 753 |
employees of the commission shall not make public in any manner | 754 |
and shall retain as confidential all information that was obtained | 755 |
as a result of or that otherwise pertains to a preliminary | 756 |
investigation other than one described in division (B)(3) of this | 757 |
section. | 758 |
(iii) Initiate a complaint and refer it to the attorney | 774 |
general with a recommendation to seek a temporary or permanent | 775 |
injunction or a temporary restraining order. If this action is | 776 |
taken, the attorney general shall apply, as expeditiously as | 777 |
possible after receipt of the complaint, to the court of common | 778 |
pleas of the county in which the unlawful discriminatory practice | 779 |
allegedly occurred for the appropriate injunction or order, and | 780 |
the court shall hear and determine the application as | 781 |
expeditiously as possible. | 782 |
(c) Prior to the issuance of a complaint under division | 788 |
(B)(3)(a)(ii) or (iii) of this section or prior to a notification | 789 |
of the complainant and the respondent under division (B)(3)(a)(i) | 790 |
of this section, the members of the commission and the officers | 791 |
and employees of the commission shall not make public in any | 792 |
manner and shall retain as confidential all information that was | 793 |
obtained as a result of or that otherwise pertains to a | 794 |
preliminary investigation of a charge filed pursuant to division | 795 |
(B)(1) of this section that alleges an unlawful discriminatory | 796 |
practice described in division (H) of section 4112.05 of the | 797 |
Revised Code. | 798 |
(d) Notwithstanding the types of action described in | 799 |
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the | 800 |
issuance of a complaint or the referral of a complaint to the | 801 |
attorney general and prior to endeavoring to eliminate an unlawful | 802 |
discriminatory practice described in division (H) of section | 803 |
4112.02 of the Revised Code by informal methods of conference, | 804 |
conciliation, and persuasion, the commission may seek a temporary | 805 |
or permanent injunction or a temporary restraining order in the | 806 |
court of common pleas of the county in which the unlawful | 807 |
discriminatory practice allegedly occurred. | 808 |
(4) If the commission determines after a preliminary | 809 |
investigation other than one described in division (B)(3) of this | 810 |
section that it is not probable that an unlawful discriminatory | 811 |
practice has been or is being engaged in, it shall notify any | 812 |
complainant under division (B)(1) of this section that it has so | 813 |
determined and that it will not issue a complaint in the matter. | 814 |
If the commission determines after a preliminary investigation | 815 |
other than the one described in division (B)(3) of this section | 816 |
that it is probable that an unlawful discriminatory practice has | 817 |
been or is being engaged in, it shall endeavor to eliminate the | 818 |
practice by informal methods of conference, conciliation, and | 819 |
persuasion. | 820 |
(5) Nothing said or done during informal methods of | 821 |
conference, conciliation, and persuasion under this section shall | 822 |
be disclosed by any member of the commission or its staff or be | 823 |
used as evidence in any subsequent hearing or other proceeding. | 824 |
If, after a preliminary investigation and the use of informal | 825 |
methods of conference, conciliation, and persuasion under this | 826 |
section, the commission is satisfied that any unlawful | 827 |
discriminatory practice will be eliminated, it may treat the | 828 |
charge involved as being conciliated and enter that disposition on | 829 |
the records of the commission. If the commission fails to effect | 830 |
the elimination of an unlawful discriminatory practice by informal | 831 |
methods of conference, conciliation, and persuasion under this | 832 |
section and to obtain voluntary compliance with this chapter, the | 833 |
commission shall issue and cause to be served upon any person, | 834 |
including the respondent against whom a complainant has filed a | 835 |
charge pursuant to division (B)(1) of this section, a complaint | 836 |
stating the charges involved and containing a notice of an | 837 |
opportunity for a hearing before the commission, a member of the | 838 |
commission, or a hearing examiner at a place that is stated in the | 839 |
notice and that is located within the county in which the alleged | 840 |
unlawful discriminatory practice has occurred or is occurring or | 841 |
in which the respondent resides or transacts business. The hearing | 842 |
shall be held not less than thirty days after the service of the | 843 |
complaint upon the complainant, the aggrieved persons other than | 844 |
the complainant on whose behalf the complaint is issued, and the | 845 |
respondent, unless the complainant, an aggrieved person, or the | 846 |
respondent elects to proceed under division (A)(2) of section | 847 |
4112.051 of the Revised Code when that division is applicable. If | 848 |
a complaint pertains to an alleged unlawful discriminatory | 849 |
practice described in division (H) of section 4112.02 of the | 850 |
Revised Code, the complaint shall notify the complainant, an | 851 |
aggrieved person, and the respondent of the right of the | 852 |
complainant, an aggrieved person, or the respondent to elect to | 853 |
proceed with the administrative hearing process under this section | 854 |
or to proceed under division (A)(2) of section 4112.051 of the | 855 |
Revised Code. | 856 |
(C) Any complaint issued pursuant to division (B) of this | 865 |
section may be amended by the commission, a member of the | 866 |
commission, or the hearing examiner conducting a hearing under | 867 |
division (B) of this section, at any time prior to or during the | 868 |
hearing. The respondent has the right to file an answer or an | 869 |
amended answer to the original and amended complaints and to | 870 |
appear at the hearing in person, by attorney, or otherwise to | 871 |
examine and cross-examine witnesses. | 872 |
(D) The complainant shall be a party to a hearing under | 873 |
division (B) of this section, and any person who is an | 874 |
indispensable party to a complete determination or settlement of a | 875 |
question involved in the hearing shall be joined. Any aggrieved | 876 |
person who has or claims an interest in the subject of the hearing | 877 |
and in obtaining or preventing relief against the unlawful | 878 |
discriminatory practices complained of shall be permitted to | 879 |
appear only for the presentation of oral or written arguments, to | 880 |
present evidence, perform direct and cross-examination, and be | 881 |
represented by counsel. The commission shall adopt rules, in | 882 |
accordance with Chapter 119. of the Revised Code governing the | 883 |
authority granted under this division. | 884 |
(E) In any hearing under division (B) of this section, the | 885 |
commission, a member of the commission, or the hearing examiner | 886 |
shall not be bound by the Rules of Evidence but, in ascertaining | 887 |
the practices followed by the respondent, shall take into account | 888 |
all reliable, probative, and substantial statistical or other | 889 |
evidence produced at the hearing that may tend to prove the | 890 |
existence of a predetermined pattern of employment or membership, | 891 |
provided that nothing contained in this section shall be construed | 892 |
to authorize or require any person to observe the proportion that | 893 |
persons of any race, color, religion, sex, military status, | 894 |
familial status, national origin, disability, age, or ancestry | 895 |
bear to the total population or in accordance with any criterion | 896 |
other than the individual qualifications of the applicant. | 897 |
(G)(1) If, upon all reliable, probative, and substantial | 904 |
evidence presented at a hearing under division (B) of this | 905 |
section, the commission determines that the respondent has engaged | 906 |
in, or is engaging in, any unlawful discriminatory practice, | 907 |
whether against the complainant or others, the commission shall | 908 |
state its findings of fact and conclusions of law and shall issue | 909 |
and, subject to the provisions of Chapter 119. of the Revised | 910 |
Code, cause to be served on the respondent an order requiring the | 911 |
respondent to cease and desist from the unlawful discriminatory | 912 |
practice, requiring the respondent to take any further affirmative | 913 |
or other action that will effectuate the purposes of this chapter, | 914 |
including, but not limited to, hiring, reinstatement, or upgrading | 915 |
of employees with or without back pay, or admission or restoration | 916 |
to union membership, and requiring the respondent to report to the | 917 |
commission the manner of compliance. If the commission directs | 918 |
payment of back pay, it shall make allowance for interim earnings. | 919 |
If it finds a violation of division (E)(7) of section 4112.02 of | 920 |
the Revised Code, the commission additionally shall require the | 921 |
respondent to pay the fine required under division (B) of section | 922 |
4112.99 of the Revised Code. If it finds a violation of division | 923 |
(H) of section 4112.02 of the Revised Code, the commission | 924 |
additionally shall require the respondent to pay actual damages | 925 |
and reasonable attorney's fees, and may award to the complainant | 926 |
punitive damages as follows: | 927 |
(H) If the commission finds that no probable cause exists for | 950 |
crediting charges of unlawful discriminatory practices or if, upon | 951 |
all the evidence presented at a hearing under division (B) of this | 952 |
section on a charge, the commission finds that a respondent has | 953 |
not engaged in any unlawful discriminatory practice against the | 954 |
complainant or others, it shall state its findings of fact and | 955 |
shall issue and cause to be served on the complainant an order | 956 |
dismissing the complaint as to the respondent. A copy of the order | 957 |
shall be delivered in all cases to the attorney general and any | 958 |
other public officers whom the commission considers proper. | 959 |
(I) Until the time period for appeal set forth in division | 960 |
(H) of section 4112.06 of the Revised Code expires, the | 961 |
commission, subject to the provisions of Chapter 119. of the | 962 |
Revised Code, at any time, upon reasonable notice, and in the | 963 |
manner it considers proper, may modify or set aside, in whole or | 964 |
in part, any finding or order made by it under this section. | 965 |
Sec. 4112.15. There is hereby created in the state treasury | 966 |
the civil rights commission general reimbursement fund, which | 967 |
shall be used to pay operating costs of the commission. All | 968 |
amounts received by the commission, and all amounts awarded by a | 969 |
court to the commission, for attorney's fees, court costs, expert | 970 |
witness fees, and other litigation expenses shall be paid into the | 971 |
state treasury to the credit of the fund. All amounts received by | 972 |
the commission for copies of commission documents and for other | 973 |
goods and services furnished by the commission shall be paid into | 974 |
the state treasury to the credit of the fund. All collected fines | 975 |
charged under division (B) of section 4112.99 of the Revised Code | 976 |
shall be paid into the state treasury to the credit of the fund. | 977 |