Bill Text: OH SB107 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To specify that it is an unlawful discriminatory practice that is within the jurisdiction of the Ohio Civil Rights Commission for any law enforcement agency or officer in Ohio to engage in racial profiling; to require the Commission to compile data from law enforcement agencies regarding routine or spontaneous investigatory activities of the agencies' officers and analyze the data for significantly significant disparities related to the race, ethnicity, national origin, or gender of the subjects of the activities; to provide for Commission access to LEADS to obtain the data and require law enforcement agencies to enter the data on LEADS; and to require law enforcement agencies to maintain a policy designed to eliminate racial profiling by the agency and its officers and to cease existing practices by the agency and its officers that permit or encourage racial profiling.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-04-09 - To Judiciary Civil Justice [SB107 Detail]

Download: Ohio-2009-SB107-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 107

Senator Kearney 

Cosponsors: Senators Turner, Miller, D., Sawyer, Miller, R. 

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A BILL

To amend sections 4112.01 and 4112.05 and to enact

1

sections 2933.84 and 4112.024 of the Revised Code

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to specify that it is an unlawful discriminatory

3

practice that is within the jurisdiction of the

4

Ohio Civil Rights Commission for any law

5

enforcement agency or officer in Ohio to engage in

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racial profiling; to require the Commission to

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compile data from law enforcement agencies

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regarding routine or spontaneous investigatory

9

activities of the agencies' officers and analyze

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the data for significantly significant disparities

11

related to the race, ethnicity, national origin,

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or gender of the subjects of the activities; to

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provide for Commission access to LEADS to obtain

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the data and require law enforcement agencies to

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enter the data on LEADS; and to require law

16

enforcement agencies to maintain a policy designed

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to eliminate racial profiling by the agency and

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its officers and to cease existing practices by

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the agency and its officers that permit or

20

encourage racial profiling.

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

Section 1. That sections 4112.01 and 4112.05 be amended and	22
sections 2933.84 and 4112.024 of the Revised Code be enacted to	23
read as follows:	24

Sec. 2933.84.  (A) As used in this section, "racial	25
profiling" and "routine or spontaneous investigatory activity"	26
have the same meanings as in section 4112.024 of the Revised Code.	27

(B) Each law enforcement agency in this state that employs or	28
is served by any law enforcement officer shall maintain a policy	29
that is designed to eliminate racial profiling by the agency and	30
its law enforcement officers and to cease existing practices by	31
the agency and its officers that permit or encourage racial	32
profiling. The policy shall include, but shall not be limited to,	33
all of the following:	34

(1) A prohibition on racial profiling by the agency and its	35
law enforcement officers;	36

(2) Provisions for training on racial profiling issues as	37
part of the training of the agency's law enforcement officers;	38

(3) Provisions for facilitating the collection of data to be	39
used by the Ohio civil rights commission pursuant to section	40
4112.023 of the Revised Code, including through the entry of data	41
on the law enforcement automated data system;	42

(4) Procedures for receiving, investigating, and responding	43
meaningfully to complaints alleging racial profiling by the	44
agency's law enforcement officers;	45

(5) A requirement that corrective action be taken when the	46
agency's law enforcement officers are determined to have engaged	47
in racial profiling.	48

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

49

(1) "Person" includes one or more individuals, partnerships,	50
associations, organizations, corporations, legal representatives,	51
trustees, trustees in bankruptcy, receivers, and other organized	52
groups of persons. "Person" also includes, but is not limited to,	53
any owner, lessor, assignor, builder, manager, broker,	54
salesperson, appraiser, agent, employee, lending institution, and	55
the state and all political subdivisions, authorities, agencies,	56
boards, and commissions of the state.	57

(2) "Employer" includes the state, any political subdivision	58
of the state, any person employing four or more persons within the	59
state, and any person acting directly or indirectly in the	60
interest of an employer.	61

(3) "Employee" means an individual employed by any employer	62
but does not include any individual employed in the domestic	63
service of any person.	64

(4) "Labor organization" includes any organization that	65
exists, in whole or in part, for the purpose of collective	66
bargaining or of dealing with employers concerning grievances,	67
terms or conditions of employment, or other mutual aid or	68
protection in relation to employment.	69

(5) "Employment agency" includes any person regularly	70
undertaking, with or without compensation, to procure	71
opportunities to work or to procure, recruit, refer, or place	72
employees.	73

(6) "Commission" means the Ohio civil rights commission	74
created by section 4112.03 of the Revised Code.	75

(7) "Discriminate" includes segregate or separate.

76

(8) "Unlawful discriminatory practice" means any act	77
prohibited by section 4112.02, 4112.021, or 4112.022, or 4112.024	78
of the Revised Code.	79

(9) "Place of public accommodation" means any inn,	80
restaurant, eating house, barbershop, public conveyance by air,	81
land, or water, theater, store, other place for the sale of	82
merchandise, or any other place of public accommodation or	83
amusement of which the accommodations, advantages, facilities, or	84
privileges are available to the public.	85

(10) "Housing accommodations" includes any building or	86
structure, or portion of a building or structure, that is used or	87
occupied or is intended, arranged, or designed to be used or	88
occupied as the home residence, dwelling, dwelling unit, or	89
sleeping place of one or more individuals, groups, or families	90
whether or not living independently of each other; and any vacant	91
land offered for sale or lease. "Housing accommodations" also	92
includes any housing accommodations held or offered for sale or	93
rent by a real estate broker, salesperson, or agent, by any other	94
person pursuant to authorization of the owner, by the owner, or by	95
the owner's legal representative.	96

(11) "Restrictive covenant" means any specification limiting	97
the transfer, rental, lease, or other use of any housing	98
accommodations because of race, color, religion, sex, military	99
status, familial status, national origin, disability, or ancestry,	100
or any limitation based upon affiliation with or approval by any	101
person, directly or indirectly, employing race, color, religion,	102
sex, military status, familial status, national origin,	103
disability, or ancestry as a condition of affiliation or approval.	104

(12) "Burial lot" means any lot for the burial of deceased	105
persons within any public burial ground or cemetery, including,	106
but not limited to, cemeteries owned and operated by municipal	107
corporations, townships, or companies or associations incorporated	108
for cemetery purposes.	109

(13) "Disability" means a physical or mental impairment that	110
substantially limits one or more major life activities, including	111
the functions of caring for one's self, performing manual tasks,	112
walking, seeing, hearing, speaking, breathing, learning, and	113
working; a record of a physical or mental impairment; or being	114
regarded as having a physical or mental impairment.	115

(14) Except as otherwise provided in section 4112.021 of the	116
Revised Code, "age" means at least forty years old.	117

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

118

(a) One or more individuals who are under eighteen years of	119
age and who are domiciled with a parent or guardian having legal	120
custody of the individual or domiciled, with the written	121
permission of the parent or guardian having legal custody, with a	122
designee of the parent or guardian;	123

(b) Any person who is pregnant or in the process of securing	124
legal custody of any individual who is under eighteen years of	125
age.	126

(16)(a) Except as provided in division (A)(16)(b) of this	127
section, "physical or mental impairment" includes any of the	128
following:	129

(i) Any physiological disorder or condition, cosmetic	130
disfigurement, or anatomical loss affecting one or more of the	131
following body systems: neurological; musculoskeletal; special	132
sense organs; respiratory, including speech organs;	133
cardiovascular; reproductive; digestive; genito-urinary; hemic and	134
lymphatic; skin; and endocrine;	135

(ii) Any mental or psychological disorder, including, but not	136
limited to, mental retardation, organic brain syndrome, emotional	137
or mental illness, and specific learning disabilities;	138

(iii) Diseases and conditions, including, but not limited to,	139
orthopedic, visual, speech, and hearing impairments, cerebral	140
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	141
cancer, heart disease, diabetes, human immunodeficiency virus	142
infection, mental retardation, emotional illness, drug addiction,	143
and alcoholism.	144

(b) "Physical or mental impairment" does not include any of	145
the following:	146

(i) Homosexuality and bisexuality;

147

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	148
voyeurism, gender identity disorders not resulting from physical	149
impairments, or other sexual behavior disorders;	150

(iii) Compulsive gambling, kleptomania, or pyromania;

151

(iv) Psychoactive substance use disorders resulting from the	152
current illegal use of a controlled substance or the current use	153
of alcoholic beverages.	154

(17) "Dwelling unit" means a single unit of residence for a	155
family of one or more persons.	156

(18) "Common use areas" means rooms, spaces, or elements	157
inside or outside a building that are made available for the use	158
of residents of the building or their guests, and includes, but is	159
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	160
rooms, mail rooms, recreational areas, and passageways among and	161
between buildings.	162

(19) "Public use areas" means interior or exterior rooms or	163
spaces of a privately or publicly owned building that are made	164
available to the general public.	165

(20) "Controlled substance" has the same meaning as in	166
section 3719.01 of the Revised Code.	167

(21) "Disabled tenant" means a tenant or prospective tenant	168
who is a person with a disability.	169

(22) "Military status" means a person's status in "service in	170
the uniformed services" as defined in section 5923.05 of the	171
Revised Code.	172

(B) For the purposes of divisions (A) to (F) of section	173
4112.02 of the Revised Code, the terms "because of sex" and "on	174
the basis of sex" include, but are not limited to, because of or	175
on the basis of pregnancy, any illness arising out of and	176
occurring during the course of a pregnancy, childbirth, or related	177
medical conditions. Women affected by pregnancy, childbirth, or	178
related medical conditions shall be treated the same for all	179
employment-related purposes, including receipt of benefits under	180
fringe benefit programs, as other persons not so affected but	181
similar in their ability or inability to work, and nothing in	182
division (B) of section 4111.17 of the Revised Code shall be	183
interpreted to permit otherwise. This division shall not be	184
construed to require an employer to pay for health insurance	185
benefits for abortion, except where the life of the mother would	186
be endangered if the fetus were carried to term or except where	187
medical complications have arisen from the abortion, provided that	188
nothing in this division precludes an employer from providing	189
abortion benefits or otherwise affects bargaining agreements in	190
regard to abortion.	191

Sec. 4112.024.  (A) As used in this section:

192

(1) "False stop" means a traffic stop of a driver or	193
pedestrian stop of a person by a law enforcement officer when the	194
officer gives no citation or warning to the driver or person.	195

(2) "Racial profiling" means the practice of a law	196
enforcement officer or law enforcement agency that relies, to any	197
degree, on race, ethnicity, or national origin in selecting which	198
individual to subject to any routine or spontaneous investigatory	199
activity or in deciding upon the scope and substance of any law	200
enforcement activity following an initial investigatory procedure,	201
except when there is trustworthy information that is relevant to	202
the locality and time frame and that links a person of a	203
particular race, ethnicity, or national origin to an identified	204
criminal incident or scheme.	205

(3)(a) "Routine or spontaneous investigatory activity" refers	206
to an activity by a law enforcement officer that is any of the	207
following:	208

(i) An interview with a person;

209

(ii) A traffic stop or pedestrian stop of a person;

210

(iii) A frisk or another type of body search of a person;

211

(iv) A consensual or nonconsensual search of the person or	212
any possession, including any vehicle, of a motorist or	213
pedestrian;	214

(v) An immigration-related apprehension, detention, or	215
investigation of a person.	216

(b) "Routine or spontaneous investigatory activity" does not	217
include any contact with a person that is for the sole purpose of	218
obtaining or asking for information about an investigation of a	219
complaint, crime, or suspicious activity.	220

(B) It shall be an unlawful discriminatory practice for any	221
law enforcement agency in this state or any law enforcement	222
officer employed by or serving any law enforcement agency in this	223
state to engage in racial profiling.	224

(C) Not later than January 1, 2010, the commission shall	225
inform law enforcement agencies in this state that employ or are	226
served by any law enforcement officer of the types of information	227
the commission needs to perform its duties under divisions (E) and	228
(F) of this section and shall inform the agencies that, on and	229
after January 1, 2010, they must include all of those types of	230
information for each entry the agencies make on the law	231
enforcement automated data system for a routine or spontaneous	232
investigatory activity.	233

(D) The commission, as a governmental, noncriminal justice	234
agency created by state statute that has a mission to enforce or	235
assist in enforcing federal, state, and local laws and ordinances,	236
shall be entitled to participate in and have access to the law	237
enforcement automated data system for the purposes of collecting,	238
compiling, maintaining, and analyzing data from law enforcement	239
agencies as described in divisions (E) and (F) of this section.	240

(E) Through its access to the law enforcement automated data	241
system granted under division (D) of this section, on and after	242
January 1, 2010, the commission shall collect, compile, and	243
maintain data from all law enforcement agencies in this state	244
regarding all routine or spontaneous investigatory activities of	245
the officers of the agencies. The commission shall compile and	246
maintain the data in five separate data sets. One data set shall	247
contain the data for all persons who were the subjects of the	248
routine or spontaneous investigatory activities, one data set	249
shall separate the data into subsets that are based on the race of	250
the persons who were the subjects of the activities, one data set	251
shall separate the data into subsets that are based on the	252
ethnicity of the persons who were the subjects of the activities,	253
one data set shall separate the data into subsets that are based	254
on the national origin of the persons who were the subjects of the	255
activities, and one data set shall separate the data into subsets	256
that are based on the gender of the persons who were the subjects	257
of the activities. In each data set, the information provided for	258
each routine or spontaneous investigatory activity shall include	259
the date, time, and location of the activity, shall indicate	260
whether or not a search of any vehicle was conducted, and shall	261
indicate if any search conducted resulted in a seizure of any	262
item.	263

(F) For calendar year 2010 and each calendar year thereafter,	264
the commission shall analyze the data collected, compiled, and	265
maintained as described in division (E) of this section for any	266
significantly significant disparities related to the race,	267
ethnicity, national origin, or gender of the persons who were the	268
subjects of the routine or spontaneous investigatory activities,	269
including, but not limited to, any of the following:	270

(1) Any disparity in the percentage of drivers or pedestrians	271
who were stopped in a particular neighborhood and who are of a	272
particular race, ethnicity, national origin, or gender relative to	273
the total number of drivers or pedestrians passing through that	274
neighborhood who were stopped and relative to the percentage of	275
drivers or pedestrians who were stopped in that neighborhood and	276
who are not of that race, ethnicity, national origin, or gender;	277

(2) Any disparity in the percentage of false stops of drivers	278
or pedestrians who are of a particular race, ethnicity, national	279
origin, or gender relative to the total number of drivers or	280
pedestrians who were subjected to a false stop and relative to the	281
percentage of false stops of drivers or pedestrians who are not of	282
that race, ethnicity, national origin, or gender;	283

(3) Any disparity in the frequency of searches performed on	284
drivers who are of a particular race, ethnicity, national origin,	285
or gender relative to the total number of searches performed on	286
drivers and relative to the frequency of searches performed on	287
drivers who are not of that race, ethnicity, national origin, or	288
gender.	289

(G) On or before May 1, 2011, and on or before May 1 in each	290
calendar year thereafter, the commission shall prepare a report of	291
the results of the data analysis described in division (F) of this	292
section for the preceding calendar year and shall provide a copy	293
of the report to both houses of the general assembly, the	294
governor, and the attorney general.	295

Sec. 4112.05.  (A) The commission, as provided in this	296
section, shall prevent any person from engaging in unlawful	297
discriminatory practices, provided that, before instituting the	298
formal hearing authorized by division (B) of this section, it	299
shall attempt, by informal methods of conference, conciliation,	300
and persuasion, to induce compliance with this chapter.	301

(B)(1) Any person may file a charge with the commission	302
alleging that another person has engaged or is engaging in an	303
unlawful discriminatory practice. In the case of a charge alleging	304
an unlawful discriminatory practice described in division (A),	305
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	306
section 4112.021 or, 4112.022, or 4112.024 of the Revised Code,	307
the charge shall be in writing and under oath and shall be filed	308
with the commission within six months after the alleged unlawful	309
discriminatory practice was committed. In the case of a charge	310
alleging an unlawful discriminatory practice described in division	311
(H) of section 4112.02 of the Revised Code, the charge shall be in	312
writing and under oath and shall be filed with the commission	313
within one year after the alleged unlawful discriminatory practice	314
was committed.	315

(2) Upon receiving a charge, the commission may initiate a	316
preliminary investigation to determine whether it is probable that	317
an unlawful discriminatory practice has been or is being engaged	318
in. The commission also may conduct, upon its own initiative and	319
independent of the filing of any charges, a preliminary	320
investigation relating to any of the unlawful discriminatory	321
practices described in division (A), (B), (C), (D), (E), (F), (I),	322
or (J) of section 4112.02 or in section 4112.021 or, 4112.022, or	323
4112.024 of the Revised Code. Prior to a notification of a	324
complainant under division (B)(4) of this section or prior to the	325
commencement of informal methods of conference, conciliation, and	326
persuasion under that division, the members of the commission and	327
the officers and employees of the commission shall not make	328
public in any manner and shall retain as confidential all	329
information that was obtained as a result of or that otherwise	330
pertains to a preliminary investigation other than one described	331
in division (B)(3) of this section.	332

(3)(a) Unless it is impracticable to do so and subject to its	333
authority under division (B)(3)(d) of this section, the commission	334
shall complete a preliminary investigation of a charge filed	335
pursuant to division (B)(1) of this section that alleges an	336
unlawful discriminatory practice described in division (H) of	337
section 4112.02 of the Revised Code, and shall take one of the	338
following actions, within one hundred days after the filing of the	339
charge:	340

(i) Notify the complainant and the respondent that it is not	341
probable that an unlawful discriminatory practice described in	342
division (H) of section 4112.02 of the Revised Code has been or is	343
being engaged in and that the commission will not issue a	344
complaint in the matter;	345

(ii) Initiate a complaint and schedule it for informal	346
methods of conference, conciliation, and persuasion;	347

(iii) Initiate a complaint and refer it to the attorney	348
general with a recommendation to seek a temporary or permanent	349
injunction or a temporary restraining order. If this action is	350
taken, the attorney general shall apply, as expeditiously as	351
possible after receipt of the complaint, to the court of common	352
pleas of the county in which the unlawful discriminatory practice	353
allegedly occurred for the appropriate injunction or order, and	354
the court shall hear and determine the application as	355
expeditiously as possible.	356

(b) If it is not practicable to comply with the requirements	357
of division (B)(3)(a) of this section within the one-hundred-day	358
period described in that division, the commission shall notify the	359
complainant and the respondent in writing of the reasons for the	360
noncompliance.	361

(c) Prior to the issuance of a complaint under division	362
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	363
of the complainant and the respondent under division (B)(3)(a)(i)	364
of this section, the members of the commission and the officers	365
and employees of the commission shall not make public in any	366
manner and shall retain as confidential all information that was	367
obtained as a result of or that otherwise pertains to a	368
preliminary investigation of a charge filed pursuant to division	369
(B)(1) of this section that alleges an unlawful discriminatory	370
practice described in division (H) of section 4112.05 of the	371
Revised Code.	372

(d) Notwithstanding the types of action described in	373
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	374
issuance of a complaint or the referral of a complaint to the	375
attorney general and prior to endeavoring to eliminate an unlawful	376
discriminatory practice described in division (H) of section	377
4112.02 of the Revised Code by informal methods of conference,	378
conciliation, and persuasion, the commission may seek a temporary	379
or permanent injunction or a temporary restraining order in the	380
court of common pleas of the county in which the unlawful	381
discriminatory practice allegedly occurred.	382

(4) If the commission determines after a preliminary	383
investigation other than one described in division (B)(3) of this	384
section that it is not probable that an unlawful discriminatory	385
practice has been or is being engaged in, it shall notify any	386
complainant under division (B)(1) of this section that it has so	387
determined and that it will not issue a complaint in the matter.	388
If the commission determines after a preliminary investigation	389
other than the one described in division (B)(3) of this section	390
that it is probable that an unlawful discriminatory practice has	391
been or is being engaged in, it shall endeavor to eliminate the	392
practice by informal methods of conference, conciliation, and	393
persuasion.	394

(5) Nothing said or done during informal methods of	395
conference, conciliation, and persuasion under this section shall	396
be disclosed by any member of the commission or its staff or be	397
used as evidence in any subsequent hearing or other proceeding.	398
If, after a preliminary investigation and the use of informal	399
methods of conference, conciliation, and persuasion under this	400
section, the commission is satisfied that any unlawful	401
discriminatory practice will be eliminated, it may treat the	402
charge involved as being conciliated and enter that disposition on	403
the records of the commission. If the commission fails to effect	404
the elimination of an unlawful discriminatory practice by informal	405
methods of conference, conciliation, and persuasion under this	406
section and to obtain voluntary compliance with this chapter, the	407
commission shall issue and cause to be served upon any person,	408
including the respondent against whom a complainant has filed a	409
charge pursuant to division (B)(1) of this section, a complaint	410
stating the charges involved and containing a notice of an	411
opportunity for a hearing before the commission, a member of the	412
commission, or a hearing examiner at a place that is stated in the	413
notice and that is located within the county in which the alleged	414
unlawful discriminatory practice has occurred or is occurring or	415
in which the respondent resides or transacts business. The hearing	416
shall be held not less than thirty days after the service of the	417
complaint upon the complainant, the aggrieved persons other than	418
the complainant on whose behalf the complaint is issued, and the	419
respondent, unless the complainant, an aggrieved person, or the	420
respondent elects to proceed under division (A)(2) of section	421
4112.051 of the Revised Code when that division is applicable. If	422
a complaint pertains to an alleged unlawful discriminatory	423
practice described in division (H) of section 4112.02 of the	424
Revised Code, the complaint shall notify the complainant, an	425
aggrieved person, and the respondent of the right of the	426
complainant, an aggrieved person, or the respondent to elect to	427
proceed with the administrative hearing process under this section	428
or to proceed under division (A)(2) of section 4112.051 of the	429
Revised Code.	430

(6) The attorney general shall represent the commission at	431
any hearing held pursuant to division (B)(5) of this section and	432
shall present the evidence in support of the complaint.	433

(7) Any complaint issued pursuant to division (B)(5) of this	434
section after the filing of a charge under division (B)(1) of this	435
section shall be so issued within one year after the complainant	436
filed the charge with respect to an alleged unlawful	437
discriminatory practice.	438

(C) Any complaint issued pursuant to division (B) of this	439
section may be amended by the commission, a member of the	440
commission, or the hearing examiner conducting a hearing under	441
division (B) of this section, at any time prior to or during the	442
hearing. The respondent has the right to file an answer or an	443
amended answer to the original and amended complaints and to	444
appear at the hearing in person, by attorney, or otherwise to	445
examine and cross-examine witnesses.	446

(D) The complainant shall be a party to a hearing under	447
division (B) of this section, and any person who is an	448
indispensable party to a complete determination or settlement of a	449
question involved in the hearing shall be joined. Any person who	450
has or claims an interest in the subject of the hearing and in	451
obtaining or preventing relief against the unlawful discriminatory	452
practices complained of may be permitted, in the discretion of the	453
person or persons conducting the hearing, to appear for the	454
presentation of oral or written arguments.	455

(E) In any hearing under division (B) of this section, the	456
commission, a member of the commission, or the hearing examiner	457
shall not be bound by the Rules of Evidence but, in ascertaining	458
the practices followed by the respondent, shall take into account	459
all reliable, probative, and substantial statistical or other	460
evidence produced at the hearing that may tend to prove the	461
existence of a predetermined pattern of employment or membership,	462
provided that nothing contained in this section shall be construed	463
to authorize or require any person to observe the proportion that	464
persons of any race, color, religion, sex, military status,	465
familial status, national origin, disability, age, or ancestry	466
bear to the total population or in accordance with any criterion	467
other than the individual qualifications of the applicant.	468

(F) The testimony taken at a hearing under division (B) of	469
this section shall be under oath and shall be reduced to writing	470
and filed with the commission. Thereafter, in its discretion, the	471
commission, upon the service of a notice upon the complainant and	472
the respondent that indicates an opportunity to be present, may	473
take further testimony or hear argument.	474

(G)(1) If, upon all reliable, probative, and substantial	475
evidence presented at a hearing under division (B) of this	476
section, the commission determines that the respondent has engaged	477
in, or is engaging in, any unlawful discriminatory practice,	478
whether against the complainant or others, the commission shall	479
state its findings of fact and conclusions of law and shall issue	480
and, subject to the provisions of Chapter 119. of the Revised	481
Code, cause to be served on the respondent an order requiring the	482
respondent to cease and desist from the unlawful discriminatory	483
practice, requiring the respondent to take any further affirmative	484
or other action that will effectuate the purposes of this chapter,	485
including, but not limited to, hiring, reinstatement, or upgrading	486
of employees with or without back pay, or admission or restoration	487
to union membership, and requiring the respondent to report to the	488
commission the manner of compliance. If the commission directs	489
payment of back pay, it shall make allowance for interim earnings.	490
If it finds a violation of division (H) of section 4112.02 of the	491
Revised Code, the commission additionally shall require the	492
respondent to pay actual damages and reasonable attorney's fees,	493
and may award to the complainant punitive damages as follows:	494

(a) If division (G)(1)(b) or (c) of this section does not	495
apply, punitive damages in an amount not to exceed ten thousand	496
dollars;	497

(b) If division (G)(1)(c) of this section does not apply and	498
if the respondent has been determined by a final order of the	499
commission or by a final judgment of a court to have committed one	500
violation of division (H) of section 4112.02 of the Revised Code	501
during the five-year period immediately preceding the date on	502
which a complaint was issued pursuant to division (B) of this	503
section, punitive damages in an amount not to exceed twenty-five	504
thousand dollars;	505

(c) If the respondent has been determined by a final order of	506
the commission or by a final judgment of a court to have committed	507
two or more violations of division (H) of section 4112.02 of the	508
Revised Code during the seven-year period immediately preceding	509
the date on which a complaint was issued pursuant to division (B)	510
of this section, punitive damages in an amount not to exceed fifty	511
thousand dollars.	512

(2) Upon the submission of reports of compliance, the	513
commission may issue a declaratory order stating that the	514
respondent has ceased to engage in particular unlawful	515
discriminatory practices.	516

(H) If the commission finds that no probable cause exists for	517
crediting charges of unlawful discriminatory practices or if, upon	518
all the evidence presented at a hearing under division (B) of this	519
section on a charge, the commission finds that a respondent has	520
not engaged in any unlawful discriminatory practice against the	521
complainant or others, it shall state its findings of fact and	522
shall issue and cause to be served on the complainant an order	523
dismissing the complaint as to the respondent. A copy of the order	524
shall be delivered in all cases to the attorney general and any	525
other public officers whom the commission considers proper.	526

(I) Until the time period for appeal set forth in division	527
(H) of section 4112.06 of the Revised Code expires, the	528
commission, subject to the provisions of Chapter 119. of the	529
Revised Code, at any time, upon reasonable notice, and in the	530
manner it considers proper, may modify or set aside, in whole or	531
in part, any finding or order made by it under this section.	532

Section 2. That existing sections 4112.01 and 4112.05 of the	533
Revised Code are hereby repealed.	534

Section 3. Sections 1 and 2 of this act shall take effect on	535
October 1, 2009.	536