Bill Text: OH HB488 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To expand the prohibition against discrimination because of or on the basis of sex to prohibit discrimination because of or on the basis of lactation and to require employers to allow an employee to express breast milk while at work.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2010-04-13 - To Commerce & Labor [HB488 Detail]

Download: Ohio-2009-HB488-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 488

Representatives Harris, Pillich 

Cosponsors: Representatives Hagan, Dodd, Foley, Yuko, Domenick, Skindell, Phillips, Lehner, Letson, Okey, Dyer, Patten, Garland, Celeste, Murray 

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A BILL

To amend section 4112.01 and to enact section 4113.12

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of the Revised Code to expand the prohibition

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against discrimination because of or on the basis

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of sex to prohibit discrimination because of or on

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the basis of lactation and to require employers to

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allow an employee to express breast milk while at

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work.

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

Section 1. That section 4112.01 be amended and section	8
4113.12 of the Revised Code be enacted to read as follows:	9

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

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(1) "Person" includes one or more individuals, partnerships,	11
associations, organizations, corporations, legal representatives,	12
trustees, trustees in bankruptcy, receivers, and other organized	13
groups of persons. "Person" also includes, but is not limited to,	14
any owner, lessor, assignor, builder, manager, broker,	15
salesperson, appraiser, agent, employee, lending institution, and	16
the state and all political subdivisions, authorities, agencies,	17
boards, and commissions of the state.	18

(2) "Employer" includes the state, any political subdivision	19
of the state, any person employing four or more persons within the	20
state, and any person acting directly or indirectly in the	21
interest of an employer.	22

(3) "Employee" means an individual employed by any employer	23
but does not include any individual employed in the domestic	24
service of any person.	25

(4) "Labor organization" includes any organization that	26
exists, in whole or in part, for the purpose of collective	27
bargaining or of dealing with employers concerning grievances,	28
terms or conditions of employment, or other mutual aid or	29
protection in relation to employment.	30

(5) "Employment agency" includes any person regularly	31
undertaking, with or without compensation, to procure	32
opportunities to work or to procure, recruit, refer, or place	33
employees.	34

(6) "Commission" means the Ohio civil rights commission	35
created by section 4112.03 of the Revised Code.	36

(7) "Discriminate" includes segregate or separate.

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(8) "Unlawful discriminatory practice" means any act	38
prohibited by section 4112.02, 4112.021, or 4112.022 of the	39
Revised Code.	40

(9) "Place of public accommodation" means any inn,	41
restaurant, eating house, barbershop, public conveyance by air,	42
land, or water, theater, store, other place for the sale of	43
merchandise, or any other place of public accommodation or	44
amusement of which the accommodations, advantages, facilities, or	45
privileges are available to the public.	46

(10) "Housing accommodations" includes any building or	47
structure, or portion of a building or structure, that is used or	48
occupied or is intended, arranged, or designed to be used or	49
occupied as the home residence, dwelling, dwelling unit, or	50
sleeping place of one or more individuals, groups, or families	51
whether or not living independently of each other; and any vacant	52
land offered for sale or lease. "Housing accommodations" also	53
includes any housing accommodations held or offered for sale or	54
rent by a real estate broker, salesperson, or agent, by any other	55
person pursuant to authorization of the owner, by the owner, or by	56
the owner's legal representative.	57

(11) "Restrictive covenant" means any specification limiting	58
the transfer, rental, lease, or other use of any housing	59
accommodations because of race, color, religion, sex, military	60
status, familial status, national origin, disability, or ancestry,	61
or any limitation based upon affiliation with or approval by any	62
person, directly or indirectly, employing race, color, religion,	63
sex, military status, familial status, national origin,	64
disability, or ancestry as a condition of affiliation or approval.	65

(12) "Burial lot" means any lot for the burial of deceased	66
persons within any public burial ground or cemetery, including,	67
but not limited to, cemeteries owned and operated by municipal	68
corporations, townships, or companies or associations incorporated	69
for cemetery purposes.	70

(13) "Disability" means a physical or mental impairment that	71
substantially limits one or more major life activities, including	72
the functions of caring for one's self, performing manual tasks,	73
walking, seeing, hearing, speaking, breathing, learning, and	74
working; a record of a physical or mental impairment; or being	75
regarded as having a physical or mental impairment.	76

(14) Except as otherwise provided in section 4112.021 of the	77
Revised Code, "age" means at least forty years old.	78

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

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(a) One or more individuals who are under eighteen years of	80
age and who are domiciled with a parent or guardian having legal	81
custody of the individual or domiciled, with the written	82
permission of the parent or guardian having legal custody, with a	83
designee of the parent or guardian;	84

(b) Any person who is pregnant or in the process of securing	85
legal custody of any individual who is under eighteen years of	86
age.	87

(16)(a) Except as provided in division (A)(16)(b) of this	88
section, "physical or mental impairment" includes any of the	89
following:	90

(i) Any physiological disorder or condition, cosmetic	91
disfigurement, or anatomical loss affecting one or more of the	92
following body systems: neurological; musculoskeletal; special	93
sense organs; respiratory, including speech organs;	94
cardiovascular; reproductive; digestive; genito-urinary; hemic and	95
lymphatic; skin; and endocrine;	96

(ii) Any mental or psychological disorder, including, but not	97
limited to, mental retardation, organic brain syndrome, emotional	98
or mental illness, and specific learning disabilities;	99

(iii) Diseases and conditions, including, but not limited to,	100
orthopedic, visual, speech, and hearing impairments, cerebral	101
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	102
cancer, heart disease, diabetes, human immunodeficiency virus	103
infection, mental retardation, emotional illness, drug addiction,	104
and alcoholism.	105

(b) "Physical or mental impairment" does not include any of	106
the following:	107

(i) Homosexuality and bisexuality;

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(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	109
voyeurism, gender identity disorders not resulting from physical	110
impairments, or other sexual behavior disorders;	111

(iii) Compulsive gambling, kleptomania, or pyromania;

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(iv) Psychoactive substance use disorders resulting from the	113
current illegal use of a controlled substance or the current use	114
of alcoholic beverages.	115

(17) "Dwelling unit" means a single unit of residence for a	116
family of one or more persons.	117

(18) "Common use areas" means rooms, spaces, or elements	118
inside or outside a building that are made available for the use	119
of residents of the building or their guests, and includes, but is	120
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	121
rooms, mail rooms, recreational areas, and passageways among and	122
between buildings.	123

(19) "Public use areas" means interior or exterior rooms or	124
spaces of a privately or publicly owned building that are made	125
available to the general public.	126

(20) "Controlled substance" has the same meaning as in	127
section 3719.01 of the Revised Code.	128

(21) "Disabled tenant" means a tenant or prospective tenant	129
who is a person with a disability.	130

(22) "Military status" means a person's status in "service in	131
the uniformed services" as defined in section 5923.05 of the	132
Revised Code.	133

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

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(a) Any person who claims to have been injured by any	135
unlawful discriminatory practice described in division (H) of	136
section 4112.02 of the Revised Code;	137

(b) Any person who believes that the person will be injured	138
by, any unlawful discriminatory practice described in division (H)	139
of section 4112.02 of the Revised Code that is about to occur.	140

(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, lactation,	145
or related medical conditions. Women affected by pregnancy,	146
childbirth, lactation, or related medical conditions shall be	147
treated the same for all employment-related purposes, including	148
receipt of benefits under fringe benefit programs, as other	149
persons not so affected but similar in their ability or inability	150
to work, and nothing in division (B) of section 4111.17 of the	151
Revised Code shall be interpreted to permit otherwise. This	152
division shall not be construed to require an employer to pay for	153
health insurance benefits for abortion, except where the life of	154
the mother would be endangered if the fetus were carried to term	155
or except where medical complications have arisen from the	156
abortion, provided that nothing in this division precludes an	157
employer from providing abortion benefits or otherwise affects	158
bargaining agreements in regard to abortion.	159

Sec. 4113.12. (A) An employer shall provide to each lactating	160
employee reasonable, unpaid time each day to permit the lactating	161
employee to express breast milk. To the extent possible and	162
practicable, this time shall run concurrently with any break time	163
already provided to the employee.	164

(B) An employer shall permit a lactating employee to express	165
breast milk in accordance with division (A) of this section for as	166
long as the lactating employee can demonstrate that the employee	167
is lactating.	168

(C) An employer shall make a reasonable effort to provide a	169
sanitary room or other area in close proximity to the work area,	170
that is not a toilet stall, where a lactating employee can express	171
breast milk in privacy. This location may include the employee's	172
normal work area if the area meets the requirements of this	173
division.	174

(D) No employer shall violate division (A), (B), or (C) of	175
this section. A violation of division (A), (B), or (C) of this	176
section is an unlawful discriminatory practice under section	177
4112.02 of the Revised Code. A woman who believes she is injured	178
by a violation of division (A), (B), or (C) of this section may	179
file a complaint with the Ohio civil rights commission in	180
accordance with the requirements specified in section 4112.05 of	181
the Revised Code. The commission shall follow the procedures	182
specified in that section for complaints filed for violations of	183
division (A) of section 4112.02 of the Revised Code, as	184
appropriate, regarding that complaint.	185

(E) The director of development, in consultation with the	186
civil rights commission, shall provide information, whether in	187
paper, electronic, internet, or other format, to connect employers	188
with resources that provide information and assistance on	189
appropriate current methods to accommodate lactating mothers in	190
the workplace.	191

Section 2.  That existing section 4112.01 of the Revised Code	192
is hereby repealed.	193