(A) For any employer, because of the race, color, religion, | 14 |
sex, military status, national origin, disability, age, or | 15 |
ancestry of any person, to discharge without just cause, to refuse | 16 |
to hire, or otherwise to discriminate against that person with | 17 |
respect to hire, tenure, terms, conditions, or privileges of | 18 |
employment, or any matter directly or indirectly related to | 19 |
employment. | 20 |
(2) Discriminate against, limit the employment opportunities | 35 |
of, or otherwise adversely affect the employment status, wages, | 36 |
hours, or employment conditions of any person as an employee | 37 |
because of race, color, religion, sex, military status, national | 38 |
origin, disability, age, or ancestry. | 39 |
(D) For any employer, labor organization, or joint | 40 |
labor-management committee controlling apprentice training | 41 |
programs to discriminate against any person because of race, | 42 |
color, religion, sex, military status, national origin, | 43 |
disability, or ancestry in admission to, or employment in, any | 44 |
program established to provide apprentice training. | 45 |
(3) Use any form of application for employment, or personnel | 58 |
or membership blank, seeking to elicit information regarding race, | 59 |
color, religion, sex, military status, national origin, | 60 |
disability, age, or ancestry; but an employer holding a contract | 61 |
containing a nondiscrimination clause with the government of the | 62 |
United States, or any department or agency of that government, may | 63 |
require an employee or applicant for employment to furnish | 64 |
documentary proof of United States citizenship and may retain that | 65 |
proof in the employer's personnel records and may use photographic | 66 |
or fingerprint identification for security purposes; | 67 |
(4) Print or publish or cause to be printed or published any | 68 |
notice or advertisement relating to employment or membership | 69 |
indicating any preference, limitation, specification, or | 70 |
discrimination, based upon race, color, religion, sex, military | 71 |
status, national origin, disability, age, or ancestry; | 72 |
(6) Utilize in the recruitment or hiring of persons any | 78 |
employment agency, personnel placement service, training school or | 79 |
center, labor organization, or any other employee-referring source | 80 |
known to discriminate against persons because of their race, | 81 |
color, religion, sex, military status, national origin, | 82 |
disability, age, or ancestry. | 83 |
(F) For any person seeking employment to publish or cause to | 84 |
be published any advertisement that specifies or in any manner | 85 |
indicates that person's race, color, religion, sex, military | 86 |
status, national origin, disability, age, or ancestry, or | 87 |
expresses a limitation or preference as to the race, color, | 88 |
religion, sex, military status, national origin, disability, age, | 89 |
or ancestry of any prospective employer. | 90 |
(G) For any proprietor or any employee, keeper, or manager of | 91 |
a place of public accommodation to deny to any person, except for | 92 |
reasons applicable alike to all persons regardless of race, color, | 93 |
religion, sex, military status, national origin, disability, age, | 94 |
or ancestry, the full enjoyment of the accommodations, advantages, | 95 |
facilities, or privileges of the place of public accommodation. | 96 |
(1) Refuse to sell, transfer, assign, rent, lease, sublease, | 98 |
or finance housing accommodations, refuse to negotiate for the | 99 |
sale or rental of housing accommodations, or otherwise deny or | 100 |
make unavailable housing accommodations because of race, color, | 101 |
religion, sex, military status, familial status, ancestry, | 102 |
disability, or national origin; | 103 |
(3) Discriminate against any person in the making or | 108 |
purchasing of loans or the provision of other financial assistance | 109 |
for the acquisition, construction, rehabilitation, repair, or | 110 |
maintenance of housing accommodations, or any person in the making | 111 |
or purchasing of loans or the provision of other financial | 112 |
assistance that is secured by residential real estate, because of | 113 |
race, color, religion, sex, military status, familial status, | 114 |
ancestry, disability, or national origin or because of the racial | 115 |
composition of the neighborhood in which the housing | 116 |
accommodations are located, provided that the person, whether an | 117 |
individual, corporation, or association of any type, lends money | 118 |
as one of the principal aspects or incident to the person's | 119 |
principal business and not only as a part of the purchase price of | 120 |
an owner-occupied residence the person is selling nor merely | 121 |
casually or occasionally to a relative or friend; | 122 |
(4) Discriminate against any person in the terms or | 123 |
conditions of selling, transferring, assigning, renting, leasing, | 124 |
or subleasing any housing accommodations or in furnishing | 125 |
facilities, services, or privileges in connection with the | 126 |
ownership, occupancy, or use of any housing accommodations, | 127 |
including the sale of fire, extended coverage, or homeowners | 128 |
insurance, because of race, color, religion, sex, military status, | 129 |
familial status, ancestry, disability, or national origin or | 130 |
because of the racial composition of the neighborhood in which the | 131 |
housing accommodations are located; | 132 |
(5) Discriminate against any person in the terms or | 133 |
conditions of any loan of money, whether or not secured by | 134 |
mortgage or otherwise, for the acquisition, construction, | 135 |
rehabilitation, repair, or maintenance of housing accommodations | 136 |
because of race, color, religion, sex, military status, familial | 137 |
status, ancestry, disability, or national origin or because of the | 138 |
racial composition of the neighborhood in which the housing | 139 |
accommodations are located; | 140 |
(7) Print, publish, or circulate any statement or | 144 |
advertisement, or make or cause to be made any statement or | 145 |
advertisement, relating to the sale, transfer, assignment, rental, | 146 |
lease, sublease, or acquisition of any housing accommodations, or | 147 |
relating to the loan of money, whether or not secured by mortgage | 148 |
or otherwise, for the acquisition, construction, rehabilitation, | 149 |
repair, or maintenance of housing accommodations, that indicates | 150 |
any preference, limitation, specification, or discrimination based | 151 |
upon race, color, religion, sex, military status, familial status, | 152 |
ancestry, disability, or national origin, or an intention to make | 153 |
any such preference, limitation, specification, or discrimination; | 154 |
(8) Except as otherwise provided in division (H)(8) or (17) | 155 |
of this section, make any inquiry, elicit any information, make or | 156 |
keep any record, or use any form of application containing | 157 |
questions or entries concerning race, color, religion, sex, | 158 |
military status, familial status, ancestry, disability, or | 159 |
national origin in connection with the sale or lease of any | 160 |
housing accommodations or the loan of any money, whether or not | 161 |
secured by mortgage or otherwise, for the acquisition, | 162 |
construction, rehabilitation, repair, or maintenance of housing | 163 |
accommodations. Any person may make inquiries, and make and keep | 164 |
records, concerning race, color, religion, sex, military status, | 165 |
familial status, ancestry, disability, or national origin for the | 166 |
purpose of monitoring compliance with this chapter. | 167 |
(10) Induce or solicit, or attempt to induce or solicit, a | 171 |
housing accommodations listing, sale, or transaction by | 172 |
representing that a change has occurred or may occur with respect | 173 |
to the racial, religious, sexual, military status, familial | 174 |
status, or ethnic composition of the block, neighborhood, or other | 175 |
area in which the housing accommodations are located, or induce or | 176 |
solicit, or attempt to induce or solicit, a housing accommodations | 177 |
listing, sale, or transaction by representing that the presence or | 178 |
anticipated presence of persons of any race, color, religion, sex, | 179 |
military status, familial status, ancestry, disability, or | 180 |
national origin, in the block, neighborhood, or other area will or | 181 |
may have results including, but not limited to, the following: | 182 |
(11) Deny any person access to or membership or participation | 191 |
in any multiple-listing service, real estate brokers' | 192 |
organization, or other service, organization, or facility relating | 193 |
to the business of selling or renting housing accommodations, or | 194 |
discriminate against any person in the terms or conditions of that | 195 |
access, membership, or participation, on account of race, color, | 196 |
religion, sex, military status, familial status, national origin, | 197 |
disability, or ancestry; | 198 |
(14) Refuse to sell, transfer, assign, rent, lease, sublease, | 209 |
or finance, or otherwise deny or withhold, a burial lot from any | 210 |
person because of the race, color, sex, military status, familial | 211 |
status, age, ancestry, disability, or national origin of any | 212 |
prospective owner or user of the lot; | 213 |
(17) Except as otherwise provided in division (H)(17) of this | 234 |
section, make an inquiry to determine whether an applicant for the | 235 |
sale or rental of housing accommodations, a person residing in or | 236 |
intending to reside in the housing accommodations after they are | 237 |
sold, rented, or made available, or any individual associated with | 238 |
that person has a disability, or make an inquiry to determine the | 239 |
nature or severity of a disability of the applicant or such a | 240 |
person or individual. The following inquiries may be made of all | 241 |
applicants for the sale or rental of housing accommodations, | 242 |
regardless of whether they have disabilities: | 243 |
(18)(a) Refuse to permit, at the expense of a person with a | 260 |
disability, reasonable modifications of existing housing | 261 |
accommodations that are occupied or to be occupied by the person | 262 |
with a disability, if the modifications may be necessary to afford | 263 |
the person with a disability full enjoyment of the housing | 264 |
accommodations. This division does not preclude a landlord of | 265 |
housing accommodations that are rented or to be rented to a | 266 |
disabled tenant from conditioning permission for a proposed | 267 |
modification upon the disabled tenant's doing one or more of the | 268 |
following: | 269 |
(iii) Paying into an interest-bearing escrow account that is | 281 |
in the landlord's name, over a reasonable period of time, a | 282 |
reasonable amount of money not to exceed the projected costs at | 283 |
the end of the tenancy of the restoration of the interior of the | 284 |
housing accommodations to the condition they were in prior to the | 285 |
proposed modification, but subject to reasonable wear and tear | 286 |
during the period of occupancy, if the landlord finds the account | 287 |
reasonably necessary to ensure the availability of funds for the | 288 |
restoration work. The interest earned in connection with an escrow | 289 |
account described in this division shall accrue to the benefit of | 290 |
the disabled tenant who makes payments into the account. | 291 |
(iii) All premises within covered multifamily dwelling units | 320 |
shall contain an accessible route into and through the dwelling; | 321 |
all light switches, electrical outlets, thermostats, and other | 322 |
environmental controls within such units shall be in accessible | 323 |
locations; the bathroom walls within such units shall contain | 324 |
reinforcements to allow later installation of grab bars; and the | 325 |
kitchens and bathrooms within such units shall be designed and | 326 |
constructed in a manner that enables an individual in a wheelchair | 327 |
to maneuver about such rooms. | 328 |
(K)(1) Nothing in division (H) of this section shall bar any | 345 |
religious or denominational institution or organization, or any | 346 |
nonprofit charitable or educational organization that is operated, | 347 |
supervised, or controlled by or in connection with a religious | 348 |
organization, from limiting the sale, rental, or occupancy of | 349 |
housing accommodations that it owns or operates for other than a | 350 |
commercial purpose to persons of the same religion, or from giving | 351 |
preference in the sale, rental, or occupancy of such housing | 352 |
accommodations to persons of the same religion, unless membership | 353 |
in the religion is restricted on account of race, color, or | 354 |
national origin. | 355 |
(3) Nothing in division (H) of this section limits the | 361 |
applicability of any reasonable local, state, or federal | 362 |
restrictions regarding the maximum number of occupants permitted | 363 |
to occupy housing accommodations. Nothing in that division | 364 |
prohibits the owners or managers of housing accommodations from | 365 |
implementing reasonable occupancy standards based on the number | 366 |
and size of sleeping areas or bedrooms and the overall size of a | 367 |
dwelling unit, provided that the standards are not implemented to | 368 |
circumvent the purposes of this chapter and are formulated, | 369 |
implemented, and interpreted in a manner consistent with this | 370 |
chapter and any applicable local, state, or federal restrictions | 371 |
regarding the maximum number of occupants permitted to occupy | 372 |
housing accommodations. | 373 |
In the case of the sale of any such single-family residential | 414 |
dwelling by an owner not residing in the dwelling at the time of | 415 |
the sale or who was not the most recent resident of the dwelling | 416 |
prior to the sale, the exemption granted by this division applies | 417 |
only with respect to one such sale within any twenty-four month | 418 |
period. Nothing in this division prohibits the use of attorneys, | 419 |
escrow agents, abstractors, title companies, and other such | 420 |
professional assistance as necessary to perfect or transfer the | 421 |
title of a dwelling. As used in this section, "person in the | 422 |
business of selling or renting dwellings" has the same meaning as | 423 |
in 42 U.S.C. 3603. | 424 |
(L) Nothing in divisions (A) to (E) of this section shall be | 425 |
construed to require a person with a disability to be employed or | 426 |
trained under circumstances that would significantly increase the | 427 |
occupational hazards affecting either the person with a | 428 |
disability, other employees, the general public, or the facilities | 429 |
in which the work is to be performed, or to require the employment | 430 |
or training of a person with a disability in a job that requires | 431 |
the person with a disability routinely to undertake any task, the | 432 |
performance of which is substantially and inherently impaired by | 433 |
the person's disability. | 434 |
(M) Nothing in divisions (H)(1) to (18) of this section shall | 435 |
be construed to require any person selling or renting property to | 436 |
modify the property in any way or to exercise a higher degree of | 437 |
care for a person with a disability, to relieve any person with a | 438 |
disability of any obligation generally imposed on all persons | 439 |
regardless of disability in a written lease, rental agreement, or | 440 |
contract of purchase or sale, or to forbid distinctions based on | 441 |
the inability to fulfill the terms and conditions, including | 442 |
financial obligations, of the lease, agreement, or contract. | 443 |
(2) Observe the terms of a bona fide seniority system or any | 465 |
bona fide employee benefit plan, including, but not limited to, a | 466 |
retirement, pension, or insurance plan, that is not a subterfuge | 467 |
to evade the purposes of this section. However, no such employee | 468 |
benefit plan shall excuse the failure to hire any individual, and | 469 |
no such seniority system or employee benefit plan shall require or | 470 |
permit the involuntary retirement of any individual, because of | 471 |
the individual's age except as provided for in the "Age | 472 |
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 473 |
29 U.S.C.A. 623, as amended by the "Age Discrimination in | 474 |
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 475 |
623, as amended. | 476 |
(3) Retire an employee who has attained sixty-five years of | 477 |
age who, for the two-year period immediately before retirement, is | 478 |
employed in a bona fide executive or a high policymaking position, | 479 |
if the employee is entitled to an immediate nonforfeitable annual | 480 |
retirement benefit from a pension, profit-sharing, savings, or | 481 |
deferred compensation plan, or any combination of those plans, of | 482 |
the employer of the employee, which equals, in the aggregate, at | 483 |
least forty-four thousand dollars, in accordance with the | 484 |
conditions of the "Age Discrimination in Employment Act Amendment | 485 |
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 486 |
Discrimination in Employment Act Amendments of 1986," 100 Stat. | 487 |
3342, 29 U.S.C.A. 631, as amended; | 488 |
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 524 |
section, for purposes of divisions (A) to (E) of this section, a | 525 |
disability does not include any physiological disorder or | 526 |
condition, mental or psychological disorder, or disease or | 527 |
condition caused by an illegal use of any controlled substance by | 528 |
an employee, applicant, or other person, if an employer, | 529 |
employment agency, personnel placement service, labor | 530 |
organization, or joint labor-management committee acts on the | 531 |
basis of that illegal use. | 532 |
(e) Holding an employee who engages in the illegal use of any | 566 |
controlled substance or who is an alcoholic to the same | 567 |
qualification standards for employment or job performance, and the | 568 |
same behavior, to which the employer, employment agency, personnel | 569 |
placement service, labor organization, or joint labor-management | 570 |
committee holds other employees, even if any unsatisfactory | 571 |
performance or behavior is related to an employee's illegal use of | 572 |
a controlled substance or alcoholism; | 573 |
(4) Division (Q) of this section does not encourage, | 581 |
prohibit, or authorize, and shall not be construed as encouraging, | 582 |
prohibiting, or authorizing, the conduct of testing for the | 583 |
illegal use of any controlled substance by employees, applicants, | 584 |
or other persons, or the making of employment decisions based on | 585 |
the results of that type of testing. | 586 |
Sec. 4112.05. (A) The commission, as provided in this | 599 |
section, shall prevent any person from engaging in unlawful | 600 |
discriminatory practices, provided that, before instituting the | 601 |
formal hearing authorized by division (B) of this section, it | 602 |
shall attempt, by informal methods of conference, conciliation, | 603 |
and persuasion, to induce compliance with this chapter. | 604 |
(B)(1) Any person may file a charge with the commission | 605 |
alleging that another person has engaged or is engaging in an | 606 |
unlawful discriminatory practice. In the case of a charge alleging | 607 |
an unlawful discriminatory practice described in division (A), | 608 |
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in | 609 |
section 4112.021 or 4112.022 of the Revised Code, the charge shall | 610 |
be in writing and under oath and shall be filed with the | 611 |
commission within six months after the alleged unlawful | 612 |
discriminatory practice was committed. In the case of a charge | 613 |
alleging an unlawful discriminatory practice described in division | 614 |
(H) of section 4112.02 of the Revised Code, the charge shall be in | 615 |
writing and under oath and shall be filed with the commission | 616 |
within one year after the alleged unlawful discriminatory practice | 617 |
was committed. | 618 |
(2) Upon receiving a charge, the commission may initiate a | 619 |
preliminary investigation to determine whether it is probable that | 620 |
an unlawful discriminatory practice has been or is being engaged | 621 |
in. The commission also may conduct, upon its own initiative and | 622 |
independent of the filing of any charges, a preliminary | 623 |
investigation relating to any of the unlawful discriminatory | 624 |
practices described in division (A), (B), (C), (D), (E), (F), (I), | 625 |
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of | 626 |
the Revised Code. Prior to a notification of a complainant under | 627 |
division (B)(4) of this section or prior to the commencement of | 628 |
informal methods of conference, conciliation, and persuasion under | 629 |
that division, the members of the commission and the officers and | 630 |
employees of the commission shall not make public in any manner | 631 |
and shall retain as confidential all information that was obtained | 632 |
as a result of or that otherwise pertains to a preliminary | 633 |
investigation other than one described in division (B)(3) of this | 634 |
section. | 635 |
(iii) Initiate a complaint and refer it to the attorney | 651 |
general with a recommendation to seek a temporary or permanent | 652 |
injunction or a temporary restraining order. If this action is | 653 |
taken, the attorney general shall apply, as expeditiously as | 654 |
possible after receipt of the complaint, to the court of common | 655 |
pleas of the county in which the unlawful discriminatory practice | 656 |
allegedly occurred for the appropriate injunction or order, and | 657 |
the court shall hear and determine the application as | 658 |
expeditiously as possible. | 659 |
(c) Prior to the issuance of a complaint under division | 665 |
(B)(3)(a)(ii) or (iii) of this section or prior to a notification | 666 |
of the complainant and the respondent under division (B)(3)(a)(i) | 667 |
of this section, the members of the commission and the officers | 668 |
and employees of the commission shall not make public in any | 669 |
manner and shall retain as confidential all information that was | 670 |
obtained as a result of or that otherwise pertains to a | 671 |
preliminary investigation of a charge filed pursuant to division | 672 |
(B)(1) of this section that alleges an unlawful discriminatory | 673 |
practice described in division (H) of section 4112.05 of the | 674 |
Revised Code. | 675 |
(d) Notwithstanding the types of action described in | 676 |
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the | 677 |
issuance of a complaint or the referral of a complaint to the | 678 |
attorney general and prior to endeavoring to eliminate an unlawful | 679 |
discriminatory practice described in division (H) of section | 680 |
4112.02 of the Revised Code by informal methods of conference, | 681 |
conciliation, and persuasion, the commission may seek a temporary | 682 |
or permanent injunction or a temporary restraining order in the | 683 |
court of common pleas of the county in which the unlawful | 684 |
discriminatory practice allegedly occurred. | 685 |
(4) If the commission determines after a preliminary | 686 |
investigation other than one described in division (B)(3) of this | 687 |
section that it is not probable that an unlawful discriminatory | 688 |
practice has been or is being engaged in, it shall notify any | 689 |
complainant under division (B)(1) of this section that it has so | 690 |
determined and that it will not issue a complaint in the matter. | 691 |
If the commission determines after a preliminary investigation | 692 |
other than the one described in division (B)(3) of this section | 693 |
that it is probable that an unlawful discriminatory practice has | 694 |
been or is being engaged in, it shall endeavor to eliminate the | 695 |
practice by informal methods of conference, conciliation, and | 696 |
persuasion. | 697 |
(5) Nothing said or done during informal methods of | 698 |
conference, conciliation, and persuasion under this section shall | 699 |
be disclosed by any member of the commission or its staff or be | 700 |
used as evidence in any subsequent hearing or other proceeding. | 701 |
If, after a preliminary investigation and the use of informal | 702 |
methods of conference, conciliation, and persuasion under this | 703 |
section, the commission is satisfied that any unlawful | 704 |
discriminatory practice will be eliminated, it may treat the | 705 |
charge involved as being conciliated and enter that disposition on | 706 |
the records of the commission. If the commission fails to effect | 707 |
the elimination of an unlawful discriminatory practice by informal | 708 |
methods of conference, conciliation, and persuasion under this | 709 |
section and to obtain voluntary compliance with this chapter, the | 710 |
commission shall issue and cause to be served upon any person, | 711 |
including the respondent against whom a complainant has filed a | 712 |
charge pursuant to division (B)(1) of this section, a complaint | 713 |
stating the charges involved and containing a notice of an | 714 |
opportunity for a hearing before the commission, a member of the | 715 |
commission, or a hearing examiner at a place that is stated in the | 716 |
notice and that is located within the county in which the alleged | 717 |
unlawful discriminatory practice has occurred or is occurring or | 718 |
in which the respondent resides or transacts business. The hearing | 719 |
shall be held not less than thirty days after the service of the | 720 |
complaint upon the complainant, the aggrieved persons other than | 721 |
the complainant on whose behalf the complaint is issued, and the | 722 |
respondent, unless the complainant, an aggrieved person, or the | 723 |
respondent elects to proceed under division (A)(2) of section | 724 |
4112.051 of the Revised Code when that division is applicable. If | 725 |
a complaint pertains to an alleged unlawful discriminatory | 726 |
practice described in division (H) of section 4112.02 of the | 727 |
Revised Code, the complaint shall notify the complainant, an | 728 |
aggrieved person, and the respondent of the right of the | 729 |
complainant, an aggrieved person, or the respondent to elect to | 730 |
proceed with the administrative hearing process under this section | 731 |
or to proceed under division (A)(2) of section 4112.051 of the | 732 |
Revised Code. | 733 |
(C) Any complaint issued pursuant to division (B) of this | 742 |
section may be amended by the commission, a member of the | 743 |
commission, or the hearing examiner conducting a hearing under | 744 |
division (B) of this section, at any time prior to or during the | 745 |
hearing. The respondent has the right to file an answer or an | 746 |
amended answer to the original and amended complaints and to | 747 |
appear at the hearing in person, by attorney, or otherwise to | 748 |
examine and cross-examine witnesses. | 749 |
(D) The complainant shall be a party to a hearing under | 750 |
division (B) of this section, and any person who is an | 751 |
indispensable party to a complete determination or settlement of a | 752 |
question involved in the hearing shall be joined. Any aggrieved | 753 |
person who has or claims an interest in the subject of the hearing | 754 |
and in obtaining or preventing relief against the unlawful | 755 |
discriminatory practices complained of shall be permitted to | 756 |
appear only for the presentation of oral or written arguments, to | 757 |
present evidence, perform direct and cross-examination, and be | 758 |
represented by counsel. The commission shall adopt rules, in | 759 |
accordance with Chapter 119. of the Revised Code governing the | 760 |
authority granted under this division. | 761 |
(E) In any hearing under division (B) of this section, the | 762 |
commission, a member of the commission, or the hearing examiner | 763 |
shall not be bound by the Rules of Evidence but, in ascertaining | 764 |
the practices followed by the respondent, shall take into account | 765 |
all reliable, probative, and substantial statistical or other | 766 |
evidence produced at the hearing that may tend to prove the | 767 |
existence of a predetermined pattern of employment or membership, | 768 |
provided that nothing contained in this section shall be construed | 769 |
to authorize or require any person to observe the proportion that | 770 |
persons of any race, color, religion, sex, military status, | 771 |
familial status, national origin, disability, age, or ancestry | 772 |
bear to the total population or in accordance with any criterion | 773 |
other than the individual qualifications of the applicant. | 774 |
(G)(1)(a) If, upon all reliable, probative, and substantial | 781 |
evidence presented at a hearing under division (B) of this | 782 |
section, the commission determines that the respondent has engaged | 783 |
in, or is engaging in, any unlawful discriminatory practice, | 784 |
whether against the complainant or others, the commission shall | 785 |
state its findings of fact and conclusions of law and shall issue | 786 |
and, subject to the provisions of Chapter 119. of the Revised | 787 |
Code, cause to be served on the respondent an order requiring the | 788 |
respondent to ceasedo all of the following: | 789 |
(H) If the commission finds that no probable cause exists for | 833 |
crediting charges of unlawful discriminatory practices or if, upon | 834 |
all the evidence presented at a hearing under division (B) of this | 835 |
section on a charge, the commission finds that a respondent has | 836 |
not engaged in any unlawful discriminatory practice against the | 837 |
complainant or others, it shall state its findings of fact and | 838 |
shall issue and cause to be served on the complainant an order | 839 |
dismissing the complaint as to the respondent. The respondent may | 840 |
recover reasonable attorney's fees upon such finding. A copy of | 841 |
the order shall be delivered in all cases to the attorney general | 842 |
and any other public officers whom the commission considers | 843 |
proper. | 844 |
(I) Until the time period for appeal set forth in division | 845 |
(H) of section 4112.06 of the Revised Code expires, the | 846 |
commission, subject to the provisions of Chapter 119. of the | 847 |
Revised Code, at any time, upon reasonable notice, and in the | 848 |
manner it considers proper, may modify or set aside, in whole or | 849 |
in part, any finding or order made by it under this section. | 850 |