Bill Text: OH SB383 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To modify Ohio civil rights laws related to employment and the statute of limitations for other specified claims against an employer.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-10-17 - To Insurance, Commerce, & Labor [SB383 Detail]

Download: Ohio-2011-SB383-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 383

Senator Coley 

Cosponsors: Senators Seitz, Jordan, Hite 

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A BILL

To amend sections 2305.07, 4112.01, 4112.02, 4112.04,

1

4112.05, 4112.08, and 4112.99, to amend, for the

2

purpose of adopting new section numbers as

3

indicated in parentheses, sections 4112.051

4

(4112.054) and 4112.052 (4112.055), to enact new

5

sections 4112.051, 4112.052, and 4112.14 and

6

sections 2305.071 and 4112.053, and to repeal

7

section 4112.14 of the Revised Code to modify Ohio

8

civil rights laws related to employment and the

9

statute of limitations for other specified claims

10

against an employer.

11

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

Section 1. That sections 2305.07, 4112.01, 4112.02, 4112.04,	12
4112.05, 4112.08, and 4112.99 be amended, sections 4112.051	13
(4112.054) and 4112.052 (4112.055) be amended for the purpose of	14
adopting new section numbers as indicated in parentheses, and new	15
sections 4112.051, 4112.052, and 4112.14 and sections 2305.071 and	16
4112.053 of the Revised Code be enacted to read as follows:	17

Sec. 2305.07.  Except as provided in sections 126.301 and,	18
1302.98, and 2305.071 of the Revised Code, an action upon a	19
contract not in writing, express or implied, or upon a liability	20
created by statute other than a forfeiture or penalty, shall be	21
brought within six years after the cause thereof accrued.	22

Sec. 2305.071. (A) A civil action against an employer	23
alleging a claim of promissory estoppel, breach of an implied	24
contract, or intentional infliction of emotional distress shall be	25
commenced within one year after the cause accrued.	26

(B) Nothing in this section shall be interpreted as	27
prohibiting or limiting an employee's use of evidence of	28
promissory estoppel, breach of an implied contract, or intentional	29
infliction of emotional distress on the part of the employer as an	30
affirmative defense against an action brought by an employer	31
against the employee.	32

(C) As used in this section, "employer" has the same meaning	33
as in section 4112.01 of the Revised Code.	34

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

35

(1) "Person" includes one or more individuals, partnerships,	36
associations, organizations, corporations, legal representatives,	37
trustees, trustees in bankruptcy, receivers, and other organized	38
groups of persons. "Person" also includes, but is not limited to,	39
any owner, lessor, assignor, builder, manager, broker,	40
salesperson, appraiser, agent, employee, lending institution, and	41
the state and all political subdivisions, authorities, agencies,	42
boards, and commissions of the state.	43

(2) "Employer" includesmeans the state, any political	44
subdivision of the state, anyor a person employing four or more	45
persons within the state, and any person acting directly or	46
indirectly in the interest of an employerfor each working day in	47
each of twenty or more calendar weeks in the current or preceding	48
calendar year.	49

(3) "Employee" means an individual employed by any employer	50
but does not include any individual employed in the domestic	51
service of any person.	52

(4) "Labor organization" includes any organization that	53
exists, in whole or in part, for the purpose of collective	54
bargaining or of dealing with employers concerning grievances,	55
terms or conditions of employment, or other mutual aid or	56
protection in relation to employment.	57

(5) "Employment agency" includes any person regularly	58
undertaking, with or without compensation, to procure	59
opportunities to work or to procure, recruit, refer, or place	60
employees.	61

(6) "Commission" means the Ohio civil rights commission	62
created by section 4112.03 of the Revised Code.	63

(7) "Discriminate" includes segregate or separate.

64

(8) "Unlawful discriminatory practice" means any act	65
prohibited by section 4112.02, 4112.021, or 4112.022 of the	66
Revised Code.	67

(9) "Place of public accommodation" means any inn,	68
restaurant, eating house, barbershop, public conveyance by air,	69
land, or water, theater, store, other place for the sale of	70
merchandise, or any other place of public accommodation or	71
amusement of which the accommodations, advantages, facilities, or	72
privileges are available to the public.	73

(10) "Housing accommodations" includes any building or	74
structure, or portion of a building or structure, that is used or	75
occupied or is intended, arranged, or designed to be used or	76
occupied as the home residence, dwelling, dwelling unit, or	77
sleeping place of one or more individuals, groups, or families	78
whether or not living independently of each other; and any vacant	79
land offered for sale or lease. "Housing accommodations" also	80
includes any housing accommodations held or offered for sale or	81
rent by a real estate broker, salesperson, or agent, by any other	82
person pursuant to authorization of the owner, by the owner, or by	83
the owner's legal representative.	84

(11) "Restrictive covenant" means any specification limiting	85
the transfer, rental, lease, or other use of any housing	86
accommodations because of race, color, religion, sex, military	87
status, familial status, national origin, disability, or ancestry,	88
or any limitation based upon affiliation with or approval by any	89
person, directly or indirectly, employing race, color, religion,	90
sex, military status, familial status, national origin,	91
disability, or ancestry as a condition of affiliation or approval.	92

(12) "Burial lot" means any lot for the burial of deceased	93
persons within any public burial ground or cemetery, including,	94
but not limited to, cemeteries owned and operated by municipal	95
corporations, townships, or companies or associations incorporated	96
for cemetery purposes.	97

(13) "Disability" means a physical or mental impairment that	98
substantially limits one or more major life activities, including	99
the functions of caring for one's self, performing manual tasks,	100
walking, seeing, hearing, speaking, breathing, learning, and	101
working; a record of a physical or mental impairment; or being	102
regarded as having a physical or mental impairment.	103

(14) Except as otherwise provided in section 4112.021 of the	104
Revised Code, "age" means at leastan individual aged forty years	105
oldor older.	106

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

107

(a) One or more individuals who are under eighteen years of	108
age and who are domiciled with a parent or guardian having legal	109
custody of the individual or domiciled, with the written	110
permission of the parent or guardian having legal custody, with a	111
designee of the parent or guardian;	112

(b) Any person who is pregnant or in the process of securing	113
legal custody of any individual who is under eighteen years of	114
age.	115

(16)(a) Except as provided in division (A)(16)(b) of this	116
section, "physical or mental impairment" includes any of the	117
following:	118

(i) Any physiological disorder or condition, cosmetic	119
disfigurement, or anatomical loss affecting one or more of the	120
following body systems: neurological; musculoskeletal; special	121
sense organs; respiratory, including speech organs;	122
cardiovascular; reproductive; digestive; genito-urinary; hemic and	123
lymphatic; skin; and endocrine;	124

(ii) Any mental or psychological disorder, including, but not	125
limited to, mental retardation, organic brain syndrome, emotional	126
or mental illness, and specific learning disabilities;	127

(iii) Diseases and conditions, including, but not limited to,	128
orthopedic, visual, speech, and hearing impairments, cerebral	129
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	130
cancer, heart disease, diabetes, human immunodeficiency virus	131
infection, mental retardation, emotional illness, drug addiction,	132
and alcoholism.	133

(b) "Physical or mental impairment" does not include any of	134
the following:	135

(i) Homosexuality and bisexuality;

136

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	137
voyeurism, gender identity disorders not resulting from physical	138
impairments, or other sexual behavior disorders;	139

(iii) Compulsive gambling, kleptomania, or pyromania;

140

(iv) Psychoactive substance use disorders resulting from the	141
current illegal use of a controlled substance or the current use	142
of alcoholic beverages.	143

(17) "Dwelling unit" means a single unit of residence for a	144
family of one or more persons.	145

(18) "Common use areas" means rooms, spaces, or elements	146
inside or outside a building that are made available for the use	147
of residents of the building or their guests, and includes, but is	148
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	149
rooms, mail rooms, recreational areas, and passageways among and	150
between buildings.	151

(19) "Public use areas" means interior or exterior rooms or	152
spaces of a privately or publicly owned building that are made	153
available to the general public.	154

(20) "Controlled substance" has the same meaning as in	155
section 3719.01 of the Revised Code.	156

(21) "Disabled tenant" means a tenant or prospective tenant	157
who is a person with a disability.	158

(22) "Military status" means a person's status in "service in	159
the uniformed services" as defined in section 5923.05 of the	160
Revised Code.	161

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

162

(a) Any person who claims to have been injured by any	163
unlawful discriminatory practice described in division (H) of	164
section 4112.02 of the Revised Code;	165

(b) Any person who believes that the person will be injured	166
by, any unlawful discriminatory practice described in division (H)	167
of section 4112.02 of the Revised Code that is about to occur.	168

(24) "Unlawful discriminatory practice relating to	169
employment" means both of the following:	170

(a) An unlawful discriminatory practice that is prohibited by	171
division (A), (B), (C), (D), (E), or (F) of section 4112.02 of the	172
Revised Code;	173

(b) An unlawful discriminatory practice that is prohibited by	174
division (I) or (J) of section 4112.02 of the Revised Code that is	175
related to an unlawful discriminatory practice prohibited by	176
division (A), (B), (C), (D), (E), or (F) of that section.	177

(B) For the purposes of divisions (A) to (F) of section	178
4112.02 of the Revised Code, the terms "because of sex" and "on	179
the basis of sex" include, but are not limited to, because of or	180
on the basis of pregnancy, any illness arising out of and	181
occurring during the course of a pregnancy, childbirth, or related	182
medical conditions. Women affected by pregnancy, childbirth, or	183
related medical conditions shall be treated the same for all	184
employment-related purposes, including receipt of benefits under	185
fringe benefit programs, as other persons not so affected but	186
similar in their ability or inability to work, and nothing in	187
division (B) of section 4111.17 of the Revised Code shall be	188
interpreted to permit otherwise. This division shall not be	189
construed to require an employer to pay for health insurance	190
benefits for abortion, except where the life of the mother would	191
be endangered if the fetus were carried to term or except where	192
medical complications have arisen from the abortion, provided that	193
nothing in this division precludes an employer from providing	194
abortion benefits or otherwise affects bargaining agreements in	195
regard to abortion.	196

Sec. 4112.02.  It shall be an unlawful discriminatory	197
practice:	198

(A) For any employer, except a religious organization making	199
employment decisions regarding individuals working in a	200
ministerial capacity, because of the race, color, religion, sex,	201
military status, national origin, disability, age, or ancestry of	202
any person, to discharge without just cause, to refuse to hire, or	203
otherwise to discriminate against that person with respect to	204
hire, tenure, terms, conditions, or privileges of employment, or	205
any matter directly or indirectly related to employment.	206

(B) For an employment agency or personnel placement service,	207
because of race, color, religion, sex, military status, national	208
origin, disability, age, or ancestry, to do any of the following:	209

(1) Refuse or fail to accept, register, classify properly, or	210
refer for employment, or otherwise discriminate against any	211
person;	212

(2) Comply with a request from an employer for referral of	213
applicants for employment if the request directly or indirectly	214
indicates that the employer fails to comply with the provisions of	215
sections 4112.01 to 4112.07 of the Revised Code.	216

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

217

(1) Limit or classify its membership on the basis of race,	218
color, religion, sex, military status, national origin,	219
disability, age, or ancestry;	220

(2) Discriminate against, limit the employment opportunities	221
of, or otherwise adversely affect the employment status, wages,	222
hours, or employment conditions of any person as an employee	223
because of race, color, religion, sex, military status, national	224
origin, disability, age, or ancestry.	225

(D) For any employer, labor organization, or joint	226
labor-management committee controlling apprentice training	227
programs to discriminate against any person because of race,	228
color, religion, sex, military status, national origin,	229
disability, or ancestry in admission to, or employment in, any	230
program established to provide apprentice training.	231

(E) Except where based on a bona fide occupational	232
qualification certified in advance by the commission, for any	233
employer, employment agency, personnel placement service, or labor	234
organization, prior to employment or admission to membership, to	235
do any of the following:	236

(1) Elicit or attempt to elicit any information concerning	237
the race, color, religion, sex, military status, national origin,	238
disability, age, or ancestry of an applicant for employment or	239
membership;	240

(2) Make or keep a record of the race, color, religion, sex,	241
military status, national origin, disability, age, or ancestry of	242
any applicant for employment or membership;	243

(3) Use any form of application for employment, or personnel	244
or membership blank, seeking to elicit information regarding race,	245
color, religion, sex, military status, national origin,	246
disability, age, or ancestry; but an employer holding a contract	247
containing a nondiscrimination clause with the government of the	248
United States, or any department or agency of that government, may	249
require an employee or applicant for employment to furnish	250
documentary proof of United States citizenship and may retain that	251
proof in the employer's personnel records and may use photographic	252
or fingerprint identification for security purposes;	253

(4) Print or publish or cause to be printed or published any	254
notice or advertisement relating to employment or membership	255
indicating any preference, limitation, specification, or	256
discrimination, based upon race, color, religion, sex, military	257
status, national origin, disability, age, or ancestry;	258

(5) Announce or follow a policy of denying or limiting,	259
through a quota system or otherwise, employment or membership	260
opportunities of any group because of the race, color, religion,	261
sex, military status, national origin, disability, age, or	262
ancestry of that group;	263

(6) Utilize in the recruitment or hiring of persons any	264
employment agency, personnel placement service, training school or	265
center, labor organization, or any other employee-referring source	266
known to discriminate against persons because of their race,	267
color, religion, sex, military status, national origin,	268
disability, age, or ancestry.	269

(F) For any person seeking employment to publish or cause to	270
be published any advertisement that specifies or in any manner	271
indicates that person's race, color, religion, sex, military	272
status, national origin, disability, age, or ancestry, or	273
expresses a limitation or preference as to the race, color,	274
religion, sex, military status, national origin, disability, age,	275
or ancestry of any prospective employer.	276

(G) For any proprietor or any employee, keeper, or manager of	277
a place of public accommodation to deny to any person, except for	278
reasons applicable alike to all persons regardless of race, color,	279
religion, sex, military status, national origin, disability, age,	280
or ancestry, the full enjoyment of the accommodations, advantages,	281
facilities, or privileges of the place of public accommodation.	282

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

283

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	284
or finance housing accommodations, refuse to negotiate for the	285
sale or rental of housing accommodations, or otherwise deny or	286
make unavailable housing accommodations because of race, color,	287
religion, sex, military status, familial status, ancestry,	288
disability, or national origin;	289

(2) Represent to any person that housing accommodations are	290
not available for inspection, sale, or rental, when in fact they	291
are available, because of race, color, religion, sex, military	292
status, familial status, ancestry, disability, or national origin;	293

(3) Discriminate against any person in the making or	294
purchasing of loans or the provision of other financial assistance	295
for the acquisition, construction, rehabilitation, repair, or	296
maintenance of housing accommodations, or any person in the making	297
or purchasing of loans or the provision of other financial	298
assistance that is secured by residential real estate, because of	299
race, color, religion, sex, military status, familial status,	300
ancestry, disability, or national origin or because of the racial	301
composition of the neighborhood in which the housing	302
accommodations are located, provided that the person, whether an	303
individual, corporation, or association of any type, lends money	304
as one of the principal aspects or incident to the person's	305
principal business and not only as a part of the purchase price of	306
an owner-occupied residence the person is selling nor merely	307
casually or occasionally to a relative or friend;	308

(4) Discriminate against any person in the terms or	309
conditions of selling, transferring, assigning, renting, leasing,	310
or subleasing any housing accommodations or in furnishing	311
facilities, services, or privileges in connection with the	312
ownership, occupancy, or use of any housing accommodations,	313
including the sale of fire, extended coverage, or homeowners	314
insurance, because of race, color, religion, sex, military status,	315
familial status, ancestry, disability, or national origin or	316
because of the racial composition of the neighborhood in which the	317
housing accommodations are located;	318

(5) Discriminate against any person in the terms or	319
conditions of any loan of money, whether or not secured by	320
mortgage or otherwise, for the acquisition, construction,	321
rehabilitation, repair, or maintenance of housing accommodations	322
because of race, color, religion, sex, military status, familial	323
status, ancestry, disability, or national origin or because of the	324
racial composition of the neighborhood in which the housing	325
accommodations are located;	326

(6) Refuse to consider without prejudice the combined income	327
of both husband and wife for the purpose of extending mortgage	328
credit to a married couple or either member of a married couple;	329

(7) Print, publish, or circulate any statement or	330
advertisement, or make or cause to be made any statement or	331
advertisement, relating to the sale, transfer, assignment, rental,	332
lease, sublease, or acquisition of any housing accommodations, or	333
relating to the loan of money, whether or not secured by mortgage	334
or otherwise, for the acquisition, construction, rehabilitation,	335
repair, or maintenance of housing accommodations, that indicates	336
any preference, limitation, specification, or discrimination based	337
upon race, color, religion, sex, military status, familial status,	338
ancestry, disability, or national origin, or an intention to make	339
any such preference, limitation, specification, or discrimination;	340

(8) Except as otherwise provided in division (H)(8) or (17)	341
of this section, make any inquiry, elicit any information, make or	342
keep any record, or use any form of application containing	343
questions or entries concerning race, color, religion, sex,	344
military status, familial status, ancestry, disability, or	345
national origin in connection with the sale or lease of any	346
housing accommodations or the loan of any money, whether or not	347
secured by mortgage or otherwise, for the acquisition,	348
construction, rehabilitation, repair, or maintenance of housing	349
accommodations. Any person may make inquiries, and make and keep	350
records, concerning race, color, religion, sex, military status,	351
familial status, ancestry, disability, or national origin for the	352
purpose of monitoring compliance with this chapter.	353

(9) Include in any transfer, rental, or lease of housing	354
accommodations any restrictive covenant, or honor or exercise, or	355
attempt to honor or exercise, any restrictive covenant;	356

(10) Induce or solicit, or attempt to induce or solicit, a	357
housing accommodations listing, sale, or transaction by	358
representing that a change has occurred or may occur with respect	359
to the racial, religious, sexual, military status, familial	360
status, or ethnic composition of the block, neighborhood, or other	361
area in which the housing accommodations are located, or induce or	362
solicit, or attempt to induce or solicit, a housing accommodations	363
listing, sale, or transaction by representing that the presence or	364
anticipated presence of persons of any race, color, religion, sex,	365
military status, familial status, ancestry, disability, or	366
national origin, in the block, neighborhood, or other area will or	367
may have results including, but not limited to, the following:	368

(a) The lowering of property values;

369

(b) A change in the racial, religious, sexual, military	370
status, familial status, or ethnic composition of the block,	371
neighborhood, or other area;	372

(c) An increase in criminal or antisocial behavior in the	373
block, neighborhood, or other area;	374

(d) A decline in the quality of the schools serving the	375
block, neighborhood, or other area.	376

(11) Deny any person access to or membership or participation	377
in any multiple-listing service, real estate brokers'	378
organization, or other service, organization, or facility relating	379
to the business of selling or renting housing accommodations, or	380
discriminate against any person in the terms or conditions of that	381
access, membership, or participation, on account of race, color,	382
religion, sex, military status, familial status, national origin,	383
disability, or ancestry;	384

(12) Coerce, intimidate, threaten, or interfere with any	385
person in the exercise or enjoyment of, or on account of that	386
person's having exercised or enjoyed or having aided or encouraged	387
any other person in the exercise or enjoyment of, any right	388
granted or protected by division (H) of this section;	389

(13) Discourage or attempt to discourage the purchase by a	390
prospective purchaser of housing accommodations, by representing	391
that any block, neighborhood, or other area has undergone or might	392
undergo a change with respect to its religious, racial, sexual,	393
military status, familial status, or ethnic composition;	394

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	395
or finance, or otherwise deny or withhold, a burial lot from any	396
person because of the race, color, sex, military status, familial	397
status, age, ancestry, disability, or national origin of any	398
prospective owner or user of the lot;	399

(15) Discriminate in the sale or rental of, or otherwise make	400
unavailable or deny, housing accommodations to any buyer or renter	401
because of a disability of any of the following:	402

(a) The buyer or renter;

403

(b) A person residing in or intending to reside in the	404
housing accommodations after they are sold, rented, or made	405
available;	406

(c) Any individual associated with the person described in	407
division (H)(15)(b) of this section.	408

(16) Discriminate in the terms, conditions, or privileges of	409
the sale or rental of housing accommodations to any person or in	410
the provision of services or facilities to any person in	411
connection with the housing accommodations because of a disability	412
of any of the following:	413

(a) That person;

414

(b) A person residing in or intending to reside in the	415
housing accommodations after they are sold, rented, or made	416
available;	417

(c) Any individual associated with the person described in	418
division (H)(16)(b) of this section.	419

(17) Except as otherwise provided in division (H)(17) of this	420
section, make an inquiry to determine whether an applicant for the	421
sale or rental of housing accommodations, a person residing in or	422
intending to reside in the housing accommodations after they are	423
sold, rented, or made available, or any individual associated with	424
that person has a disability, or make an inquiry to determine the	425
nature or severity of a disability of the applicant or such a	426
person or individual. The following inquiries may be made of all	427
applicants for the sale or rental of housing accommodations,	428
regardless of whether they have disabilities:	429

(a) An inquiry into an applicant's ability to meet the	430
requirements of ownership or tenancy;	431

(b) An inquiry to determine whether an applicant is qualified	432
for housing accommodations available only to persons with	433
disabilities or persons with a particular type of disability;	434

(c) An inquiry to determine whether an applicant is qualified	435
for a priority available to persons with disabilities or persons	436
with a particular type of disability;	437

(d) An inquiry to determine whether an applicant currently	438
uses a controlled substance in violation of section 2925.11 of the	439
Revised Code or a substantively comparable municipal ordinance;	440

(e) An inquiry to determine whether an applicant at any time	441
has been convicted of or pleaded guilty to any offense, an element	442
of which is the illegal sale, offer to sell, cultivation,	443
manufacture, other production, shipment, transportation, delivery,	444
or other distribution of a controlled substance.	445

(18)(a) Refuse to permit, at the expense of a person with a	446
disability, reasonable modifications of existing housing	447
accommodations that are occupied or to be occupied by the person	448
with a disability, if the modifications may be necessary to afford	449
the person with a disability full enjoyment of the housing	450
accommodations. This division does not preclude a landlord of	451
housing accommodations that are rented or to be rented to a	452
disabled tenant from conditioning permission for a proposed	453
modification upon the disabled tenant's doing one or more of the	454
following:	455

(i) Providing a reasonable description of the proposed	456
modification and reasonable assurances that the proposed	457
modification will be made in a workerlike manner and that any	458
required building permits will be obtained prior to the	459
commencement of the proposed modification;	460

(ii) Agreeing to restore at the end of the tenancy the	461
interior of the housing accommodations to the condition they were	462
in prior to the proposed modification, but subject to reasonable	463
wear and tear during the period of occupancy, if it is reasonable	464
for the landlord to condition permission for the proposed	465
modification upon the agreement;	466

(iii) Paying into an interest-bearing escrow account that is	467
in the landlord's name, over a reasonable period of time, a	468
reasonable amount of money not to exceed the projected costs at	469
the end of the tenancy of the restoration of the interior of the	470
housing accommodations to the condition they were in prior to the	471
proposed modification, but subject to reasonable wear and tear	472
during the period of occupancy, if the landlord finds the account	473
reasonably necessary to ensure the availability of funds for the	474
restoration work. The interest earned in connection with an escrow	475
account described in this division shall accrue to the benefit of	476
the disabled tenant who makes payments into the account.	477

(b) A landlord shall not condition permission for a proposed	478
modification upon a disabled tenant's payment of a security	479
deposit that exceeds the customarily required security deposit of	480
all tenants of the particular housing accommodations.	481

(19) Refuse to make reasonable accommodations in rules,	482
policies, practices, or services when necessary to afford a person	483
with a disability equal opportunity to use and enjoy a dwelling	484
unit, including associated public and common use areas;	485

(20) Fail to comply with the standards and rules adopted	486
under division (A) of section 3781.111 of the Revised Code;	487

(21) Discriminate against any person in the selling,	488
brokering, or appraising of real property because of race, color,	489
religion, sex, military status, familial status, ancestry,	490
disability, or national origin;	491

(22) Fail to design and construct covered multifamily	492
dwellings for first occupancy on or after June 30, 1992, in	493
accordance with the following conditions:	494

(a) The dwellings shall have at least one building entrance	495
on an accessible route, unless it is impractical to do so because	496
of the terrain or unusual characteristics of the site.	497

(b) With respect to dwellings that have a building entrance	498
on an accessible route, all of the following apply:	499

(i) The public use areas and common use areas of the	500
dwellings shall be readily accessible to and usable by persons	501
with a disability.	502

(ii) All the doors designed to allow passage into and within	503
all premises shall be sufficiently wide to allow passage by	504
persons with a disability who are in wheelchairs.	505

(iii) All premises within covered multifamily dwelling units	506
shall contain an accessible route into and through the dwelling;	507
all light switches, electrical outlets, thermostats, and other	508
environmental controls within such units shall be in accessible	509
locations; the bathroom walls within such units shall contain	510
reinforcements to allow later installation of grab bars; and the	511
kitchens and bathrooms within such units shall be designed and	512
constructed in a manner that enables an individual in a wheelchair	513
to maneuver about such rooms.	514

For purposes of division (H)(22) of this section, "covered	515
multifamily dwellings" means buildings consisting of four or more	516
units if such buildings have one or more elevators and ground	517
floor units in other buildings consisting of four or more units.	518

(I) For any person to discriminate in any manner against any	519
other person because that person has opposed any unlawful	520
discriminatory practice defined in this section or because that	521
person has made a charge, testified, assisted, or participated in	522
any manner in any investigation, proceeding, or hearing under	523
sections 4112.01 to 4112.07 of the Revised Code.	524

(J) For any person to aid, abet, incite, compel, or coerce	525
the doing of any act declared by this section to be an unlawful	526
discriminatory practice, to obstruct or prevent any person from	527
complying with this chapter or any order issued under it, or to	528
attempt directly or indirectly to commit any act declared by this	529
section to be an unlawful discriminatory practice.	530

(K)(1) Nothing in division (H) of this section shall bar any	531
religious or denominational institution or organization, or any	532
nonprofit charitable or educational organization that is operated,	533
supervised, or controlled by or in connection with a religious	534
organization, from limiting the sale, rental, or occupancy of	535
housing accommodations that it owns or operates for other than a	536
commercial purpose to persons of the same religion, or from giving	537
preference in the sale, rental, or occupancy of such housing	538
accommodations to persons of the same religion, unless membership	539
in the religion is restricted on account of race, color, or	540
national origin.	541

(2) Nothing in division (H) of this section shall bar any	542
bona fide private or fraternal organization that, incidental to	543
its primary purpose, owns or operates lodgings for other than a	544
commercial purpose, from limiting the rental or occupancy of the	545
lodgings to its members or from giving preference to its members.	546

(3) Nothing in division (H) of this section limits the	547
applicability of any reasonable local, state, or federal	548
restrictions regarding the maximum number of occupants permitted	549
to occupy housing accommodations. Nothing in that division	550
prohibits the owners or managers of housing accommodations from	551
implementing reasonable occupancy standards based on the number	552
and size of sleeping areas or bedrooms and the overall size of a	553
dwelling unit, provided that the standards are not implemented to	554
circumvent the purposes of this chapter and are formulated,	555
implemented, and interpreted in a manner consistent with this	556
chapter and any applicable local, state, or federal restrictions	557
regarding the maximum number of occupants permitted to occupy	558
housing accommodations.	559

(4) Nothing in division (H) of this section requires that	560
housing accommodations be made available to an individual whose	561
tenancy would constitute a direct threat to the health or safety	562
of other individuals or whose tenancy would result in substantial	563
physical damage to the property of others.	564

(5) Nothing in division (H) of this section pertaining to	565
discrimination on the basis of familial status shall be construed	566
to apply to any of the following:	567

(a) Housing accommodations provided under any state or	568
federal program that have been determined under the "Fair Housing	569
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	570
amended, to be specifically designed and operated to assist	571
elderly persons;	572

(b) Housing accommodations intended for and solely occupied	573
by persons who are sixty-two years of age or older;	574

(c) Housing accommodations intended and operated for	575
occupancy by at least one person who is fifty-five years of age or	576
older per unit, as determined under the "Fair Housing Amendments	577
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	578

(L) Nothing in divisions (A) to (E) of this section shall be	579
construed to require a person with a disability to be employed or	580
trained under circumstances that would significantly increase the	581
occupational hazards affecting either the person with a	582
disability, other employees, the general public, or the facilities	583
in which the work is to be performed, or to require the employment	584
or training of a person with a disability in a job that requires	585
the person with a disability routinely to undertake any task, the	586
performance of which is substantially and inherently impaired by	587
the person's disability.	588

(M) Nothing in divisions (H)(1) to (18) of this section shall	589
be construed to require any person selling or renting property to	590
modify the property in any way or to exercise a higher degree of	591
care for a person with a disability, to relieve any person with a	592
disability of any obligation generally imposed on all persons	593
regardless of disability in a written lease, rental agreement, or	594
contract of purchase or sale, or to forbid distinctions based on	595
the inability to fulfill the terms and conditions, including	596
financial obligations, of the lease, agreement, or contract.	597

(N) An aggrieved individual may enforce the individual's	598
rights relative to discrimination on the basis of age as provided	599
for in this section by instituting a civil action, within one	600
hundred eighty days after the alleged unlawful discriminatory	601
practice occurred, in any court with jurisdiction for any legal or	602
equitable relief that will effectuate the individual's rights.	603

A person who files a civil action under this division is	604
barred, with respect to the practices complained of, from	605
instituting a civil action under section 4112.14 of the Revised	606
Code and from filing a charge with the commission under section	607
4112.05 of the Revised Code.	608

(O) With regard to age, it shall not be an unlawful	609
discriminatory practice and it shall not constitute a violation of	610
division (A) of section 4112.14 of the Revised Code for any	611
employer, employment agency, joint labor-management committee	612
controlling apprenticeship training programs, or labor	613
organization to do any of the following:	614

(1) Establish bona fide employment qualifications reasonably	615
related to the particular business or occupation that may include	616
standards for skill, aptitude, physical capability, intelligence,	617
education, maturation, and experience;	618

(2) Observe the terms of a bona fide seniority system or any	619
bona fide employee benefit plan, including, but not limited to, a	620
retirement, pension, or insurance plan, that is not a subterfuge	621
to evade the purposes of this section. However, no such employee	622
benefit plan shall excuse the failure to hire any individual, and	623
no such seniority system or employee benefit plan shall require or	624
permit the involuntary retirement of any individual, because of	625
the individual's age except as provided for in the "Age	626
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	627
29 U.S.C.A. 623, as amended by the "Age Discrimination in	628
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	629
623, as amended.	630

(3) Retire an employee who has attained sixty-five years of	631
age who, for the two-year period immediately before retirement, is	632
employed in a bona fide executive or a high policymaking position,	633
if the employee is entitled to an immediate nonforfeitable annual	634
retirement benefit from a pension, profit-sharing, savings, or	635
deferred compensation plan, or any combination of those plans, of	636
the employer of the employee, which equals, in the aggregate, at	637
least forty-four thousand dollars, in accordance with the	638
conditions of the "Age Discrimination in Employment Act Amendment	639
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	640
Discrimination in Employment Act Amendments of 1986," 100 Stat.	641
3342, 29 U.S.C.A. 631, as amended;	642

(4) Observe the terms of any bona fide apprenticeship program	643
if the program is registered with the Ohio apprenticeship council	644
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	645
approved by the federal committee on apprenticeship of the United	646
States department of labor.	647

(P)(O) Nothing in this chapter prohibiting age discrimination	648
and nothing in division (A) of section 4112.14 of the Revised Code	649
shall be construed to prohibit the following:	650

(1) The designation of uniform age the attainment of which is	651
necessary for public employees to receive pension or other	652
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	653
or 5505. of the Revised Code;	654

(2) The mandatory retirement of uniformed patrol officers of	655
the state highway patrol as provided in section 5505.16 of the	656
Revised Code;	657

(3) The maximum age requirements for appointment as a patrol	658
officer in the state highway patrol established by section 5503.01	659
of the Revised Code;	660

(4) The maximum age requirements established for original	661
appointment to a police department or fire department in sections	662
124.41 and 124.42 of the Revised Code;	663

(5) Any maximum age not in conflict with federal law that may	664
be established by a municipal charter, municipal ordinance, or	665
resolution of a board of township trustees for original	666
appointment as a police officer or firefighter;	667

(6) Any mandatory retirement provision not in conflict with	668
federal law of a municipal charter, municipal ordinance, or	669
resolution of a board of township trustees pertaining to police	670
officers and firefighters;	671

(7) Until January 1, 1994, the mandatory retirement of any	672
employee who has attained seventy years of age and who is serving	673
under a contract of unlimited tenure, or similar arrangement	674
providing for unlimited tenure, at an institution of higher	675
education as defined in the "Education Amendments of 1980," 94	676
Stat. 1503, 20 U.S.C.A. 1141(a).	677

(Q)(P)(1)(a) Except as provided in division (Q)(P)(1)(b) of	678
this section, for purposes of divisions (A) to (E) of this	679
section, a disability does not include any physiological disorder	680
or condition, mental or psychological disorder, or disease or	681
condition caused by an illegal use of any controlled substance by	682
an employee, applicant, or other person, if an employer,	683
employment agency, personnel placement service, labor	684
organization, or joint labor-management committee acts on the	685
basis of that illegal use.	686

(b) Division (Q)(P)(1)(a) of this section does not apply to	687
an employee, applicant, or other person who satisfies any of the	688
following:	689

(i) The employee, applicant, or other person has successfully	690
completed a supervised drug rehabilitation program and no longer	691
is engaging in the illegal use of any controlled substance, or the	692
employee, applicant, or other person otherwise successfully has	693
been rehabilitated and no longer is engaging in that illegal use.	694

(ii) The employee, applicant, or other person is	695
participating in a supervised drug rehabilitation program and no	696
longer is engaging in the illegal use of any controlled substance.	697

(iii) The employee, applicant, or other person is erroneously	698
regarded as engaging in the illegal use of any controlled	699
substance, but the employee, applicant, or other person is not	700
engaging in that illegal use.	701

(2) Divisions (A) to (E) of this section do not prohibit an	702
employer, employment agency, personnel placement service, labor	703
organization, or joint labor-management committee from doing any	704
of the following:	705

(a) Adopting or administering reasonable policies or	706
procedures, including, but not limited to, testing for the illegal	707
use of any controlled substance, that are designed to ensure that	708
an individual described in division (Q)(P)(1)(b)(i) or (ii) of	709
this section no longer is engaging in the illegal use of any	710
controlled substance;	711

(b) Prohibiting the illegal use of controlled substances and	712
the use of alcohol at the workplace by all employees;	713

(c) Requiring that employees not be under the influence of	714
alcohol or not be engaged in the illegal use of any controlled	715
substance at the workplace;	716

(d) Requiring that employees behave in conformance with the	717
requirements established under "The Drug-Free Workplace Act of	718
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	719

(e) Holding an employee who engages in the illegal use of any	720
controlled substance or who is an alcoholic to the same	721
qualification standards for employment or job performance, and the	722
same behavior, to which the employer, employment agency, personnel	723
placement service, labor organization, or joint labor-management	724
committee holds other employees, even if any unsatisfactory	725
performance or behavior is related to an employee's illegal use of	726
a controlled substance or alcoholism;	727

(f) Exercising other authority recognized in the "Americans	728
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	729
as amended, including, but not limited to, requiring employees to	730
comply with any applicable federal standards.	731

(3) For purposes of this chapter, a test to determine the	732
illegal use of any controlled substance does not include a medical	733
examination.	734

(4) Division (Q)(P) of this section does not encourage,	735
prohibit, or authorize, and shall not be construed as encouraging,	736
prohibiting, or authorizing, the conduct of testing for the	737
illegal use of any controlled substance by employees, applicants,	738
or other persons, or the making of employment decisions based on	739
the results of that type of testing.	740

Sec. 4112.04.  (A) The commission shall do all of the	741
following:	742

(1) Establish and maintain a principal office in the city of	743
Columbus and any other offices within the state that it considers	744
necessary;	745

(2) Appoint an executive director who shall serve at the	746
pleasure of the commission and be its principal administrative	747
officer. The executive director shall be paid a salary fixed	748
pursuant to Chapter 124. of the Revised Code.	749

(3) Appoint hearing examiners and other employees and agents	750
who it considers necessary and prescribe their duties subject to	751
Chapter 124. of the Revised Code;	752

(4) Adopt, promulgate, amend, and rescind rules to effectuate	753
the provisions of this chapter and the policies and practice of	754
the commission in connection with this chapter;	755

(5) Formulate policies to effectuate the purposes of this	756
chapter and make recommendations to agencies and officers of the	757
state or political subdivisions to effectuate the policies;	758

(6) Receive, investigate, and pass upon written charges made	759
under oath of unlawful discriminatory practices;	760

(7) Make periodic surveys of the existence and effect of	761
discrimination because of race, color, religion, sex, military	762
status, familial status, national origin, disability, age, or	763
ancestry on the enjoyment of civil rights by persons within the	764
state;	765

(8) Report, from time to time, but not less than once a year,	766
to the general assembly and the governor, describing in detail the	767
investigations, proceedings, and hearings it has conducted and	768
their outcome, the decisions it has rendered, and the other work	769
performed by it, which report shall include a copy of any surveys	770
prepared pursuant to division (A)(7) of this section and shall	771
include the recommendations of the commission as to legislative or	772
other remedial action;	773

(9) Prepare a comprehensive educational program, in	774
cooperation with the department of education, for the students of	775
the public schools of this state and for all other residents of	776
this state that is designed to eliminate prejudice on the basis of	777
race, color, religion, sex, military status, familial status,	778
national origin, disability, age, or ancestry in this state, to	779
further good will among those groups, and to emphasize the origin	780
of prejudice against those groups, its harmful effects, and its	781
incompatibility with American principles of equality and fair	782
play;	783

(10) Receive progress reports from agencies,	784
instrumentalities, institutions, boards, commissions, and other	785
entities of this state or any of its political subdivisions and	786
their agencies, instrumentalities, institutions, boards,	787
commissions, and other entities regarding affirmative action	788
programs for the employment of persons against whom discrimination	789
is prohibited by this chapter, or regarding any affirmative	790
housing accommodations programs developed to eliminate or reduce	791
an imbalance of race, color, religion, sex, military status,	792
familial status, national origin, disability, or ancestry. All	793
agencies, instrumentalities, institutions, boards, commissions,	794
and other entities of this state or its political subdivisions,	795
and all political subdivisions, that have undertaken affirmative	796
action programs pursuant to a conciliation agreement with the	797
commission, an executive order of the governor, any federal	798
statute or rule, or an executive order of the president of the	799
United States shall file progress reports with the commission	800
annually on or before the first day of November. The commission	801
shall analyze and evaluate the progress reports and report its	802
findings annually to the general assembly on or before the	803
thirtieth day of January of the year immediately following the	804
receipt of the reports.	805

(11) Notify an individual who files a charge with the	806
commission regarding the individual's rights relative to unlawful	807
discriminatory practices relating to employment, that in	808
accordance with division (C) of section 4112.051 of the Revised	809
Code, the individual is barred from bringing a civil action under	810
this chapter with respect to the practices complained of in the	811
charge filed with the commission.	812

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

813

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

814

(2) Initiate and undertake on its own motion investigations	815
of problems of employment or housing accommodations	816
discrimination;	817

(3) Hold hearings, subpoena witnesses, compel their	818
attendance, administer oaths, take the testimony of any person	819
under oath, require the production for examination of any books	820
and papers relating to any matter under investigation or in	821
question before the commission, and make rules as to the issuance	822
of subpoenas by individual commissioners.	823

(a) In conducting a hearing or investigation, the commission	824
shall have access at all reasonable times to premises, records,	825
documents, individuals, and other evidence or possible sources of	826
evidence and may examine, record, and copy the premises, records,	827
documents, and other evidence or possible sources of evidence and	828
take and record the testimony or statements of the individuals as	829
reasonably necessary for the furtherance of the hearing or	830
investigation. In investigations, the commission shall comply with	831
the fourth amendment to the United States Constitution relating to	832
unreasonable searches and seizures. The commission or a member of	833
the commission may issue subpoenas to compel access to or the	834
production of premises, records, documents, and other evidence or	835
possible sources of evidence or the appearance of individuals, and	836
may issue interrogatories to a respondent, to the same extent and	837
subject to the same limitations as would apply if the subpoenas or	838
interrogatories were issued or served in aid of a civil action in	839
a court of common pleas.	840

(b) Upon written application by a party to a hearing under	841
division (B) of section 4112.05 or division (G) of section	842
4112.051 of the Revised Code, the commission shall issue subpoenas	843
in its name to the same extent and subject to the same limitations	844
as subpoenas issued by the commission. Subpoenas issued at the	845
request of a party shall show on their face the name and address	846
of the party and shall state that they were issued at the party's	847
request.	848

(c) Witnesses summoned by subpoena of the commission are	849
entitled to the witness and mileage fees provided for under	850
section 119.094 of the Revised Code.	851

(d) Within five days after service of a subpoena upon any	852
person, the person may petition the commission to revoke or modify	853
the subpoena. The commission shall grant the petition if it finds	854
that the subpoena requires an appearance or attendance at an	855
unreasonable time or place, that it requires production of	856
evidence that does not relate to any matter before the commission,	857
that it does not describe with sufficient particularity the	858
evidence to be produced, that compliance would be unduly onerous,	859
or for other good reason.	860

(e) In case of contumacy or refusal to obey a subpoena, the	861
commission or person at whose request it was issued may petition	862
for its enforcement in the court of common pleas in the county in	863
which the person to whom the subpoena was addressed resides, was	864
served, or transacts business.	865

(4) Create local or statewide advisory agencies and	866
conciliation councils to aid in effectuating the purposes of this	867
chapter. The commission may itself, or it may empower these	868
agencies and councils to, do either or both of the following:	869

(a) Study the problems of discrimination in all or specific	870
fields of human relationships when based on race, color, religion,	871
sex, military status, familial status, national origin,	872
disability, age, or ancestry;	873

(b) Foster through community effort, or otherwise, good will	874
among the groups and elements of the population of the state.	875

The agencies and councils may make recommendations to the	876
commission for the development of policies and procedures in	877
general. They shall be composed of representative citizens who	878
shall serve without pay, except that reimbursement for actual and	879
necessary traveling expenses shall be made to citizens who serve	880
on a statewide agency or council.	881

(5) Issue any publications and the results of investigations	882
and research that in its judgment will tend to promote good will	883
and minimize or eliminate discrimination because of race, color,	884
religion, sex, military status, familial status, national origin,	885
disability, age, or ancestry.	886

Sec. 4112.05.  (A) TheWith the exception of unlawful	887
discriminatory practices relating to employment, the commission,	888
as provided in this section, shall prevent any person from	889
engaging in unlawful discriminatory practices, provided that,	890
before instituting the formal hearing authorized by division (B)	891
of this section, it shall attempt, by informal methods of	892
conference, conciliation, and persuasion, to induce compliance	893
with this chapter.	894

(B)(1) Any person may file a charge with the commission	895
alleging that another person has engaged or is engaging in an	896
unlawful discriminatory practice. In the case of a charge alleging	897
an unlawful discriminatory practice described in division (A),	898
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	899
section 4112.021 or 4112.022 of the Revised Code, the charge shall	900
be in writing and under oath and shall be filed with the	901
commission within six months after the alleged unlawful	902
discriminatory practice was committed. In the case of a charge	903
alleging an unlawful discriminatory practice described in division	904
(H) of section 4112.02 of the Revised Code, the charge shall be in	905
writing and under oath and shall be filed with the commission	906
within one year after the alleged unlawful discriminatory practice	907
was committed.	908

(2) Upon receiving a charge, the commission may initiate a	909
preliminary investigation to determine whether it is probable that	910
an unlawful discriminatory practice has been or is being engaged	911
in. The commission also may conduct, upon its own initiative and	912
independent of the filing of any charges, a preliminary	913
investigation relating to any of the unlawful discriminatory	914
practices described in division (A), (B), (C), (D), (E), (F), (I),	915
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	916
the Revised Code. Prior to a notification of a complainant under	917
division (B)(4) of this section or prior to the commencement of	918
informal methods of conference, conciliation, and persuasion under	919
that division, the members of the commission and the officers and	920
employees of the commission shall not make public in any manner	921
and shall retain as confidential all information that was obtained	922
as a result of or that otherwise pertains to a preliminary	923
investigation other than one described in division (B)(3) of this	924
section.	925

(3)(a) Unless it is impracticable to do so and subject to its	926
authority under division (B)(3)(d) of this section, the commission	927
shall complete a preliminary investigation of a charge filed	928
pursuant to division (B)(1) of this section that alleges an	929
unlawful discriminatory practice described in division (H) of	930
section 4112.02 of the Revised Code, and shall take one of the	931
following actions, within one hundred days after the filing of the	932
charge:	933

(i) Notify the complainant and the respondent that it is not	934
probable that an unlawful discriminatory practice described in	935
division (H) of section 4112.02 of the Revised Code has been or is	936
being engaged in and that the commission will not issue a	937
complaint in the matter;	938

(ii) Initiate a complaint and schedule it for informal	939
methods of conference, conciliation, and persuasion;	940

(iii) Initiate a complaint and refer it to the attorney	941
general with a recommendation to seek a temporary or permanent	942
injunction or a temporary restraining order. If this action is	943
taken, the attorney general shall apply, as expeditiously as	944
possible after receipt of the complaint, to the court of common	945
pleas of the county in which the unlawful discriminatory practice	946
allegedly occurred for the appropriate injunction or order, and	947
the court shall hear and determine the application as	948
expeditiously as possible.	949

(b) If it is not practicable to comply with the requirements	950
of division (B)(3)(a) of this section within the one-hundred-day	951
period described in that division, the commission shall notify the	952
complainant and the respondent in writing of the reasons for the	953
noncompliance.	954

(c) Prior to the issuance of a complaint under division	955
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	956
of the complainant and the respondent under division (B)(3)(a)(i)	957
of this section, the members of the commission and the officers	958
and employees of the commission shall not make public in any	959
manner and shall retain as confidential all information that was	960
obtained as a result of or that otherwise pertains to a	961
preliminary investigation of a charge filed pursuant to division	962
(B)(1) of this section that alleges an unlawful discriminatory	963
practice described in division (H) of section 4112.054112.02 of	964
the Revised Code.	965

(d) Notwithstanding the types of action described in	966
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	967
issuance of a complaint or the referral of a complaint to the	968
attorney general and prior to endeavoring to eliminate an unlawful	969
discriminatory practice described in division (H) of section	970
4112.02 of the Revised Code by informal methods of conference,	971
conciliation, and persuasion, the commission may seek a temporary	972
or permanent injunction or a temporary restraining order in the	973
court of common pleas of the county in which the unlawful	974
discriminatory practice allegedly occurred.	975

(4) If the commission determines after a preliminary	976
investigation other than one concerning an alleged unlawful	977
discriminatory practice relating to employment or one described in	978
division (B)(3) of this section that it is not probable that an	979
unlawful discriminatory practice has been or is being engaged in,	980
it shall notify any complainant under division (B)(1) of this	981
section that it has so determined and that it will not issue a	982
complaint in the matter. If the commission determines after a	983
preliminary investigation other than the one concerning an alleged	984
unlawful discriminatory practice relating to employment or one	985
described in division (B)(3) of this section that it is probable	986
that an unlawful discriminatory practice has been or is being	987
engaged in, it shall endeavor to eliminate the practice by	988
informal methods of conference, conciliation, and persuasion.	989

(5) Nothing said or done during informal methods of	990
conference, conciliation, and persuasion under this section shall	991
be disclosed by any member of the commission or its staff or be	992
used as evidence in any subsequent hearing or other proceeding.	993
If, after a preliminary investigation and the use of informal	994
methods of conference, conciliation, and persuasion under this	995
section, the commission is satisfied that any unlawful	996
discriminatory practice will be eliminated, it may treat the	997
charge involved as being conciliated and enter that disposition on	998
the records of the commission. If the commission fails to effect	999
the elimination of an unlawful discriminatory practice by informal	1000
methods of conference, conciliation, and persuasion under this	1001
section and to obtain voluntary compliance with this chapter, the	1002
commission shall issue and cause to be served upon any person,	1003
including the respondent against whom a complainant has filed a	1004
charge pursuant to division (B)(1) of this section, a complaint	1005
stating the charges involved and containing a notice of an	1006
opportunity for a hearing before the commission, a member of the	1007
commission, or a hearing examiner at a place that is stated in the	1008
notice and that is located within the county in which the alleged	1009
unlawful discriminatory practice has occurred or is occurring or	1010
in which the respondent resides or transacts business. The hearing	1011
shall be held not less than thirty days after the service of the	1012
complaint upon the complainant, the aggrieved persons other than	1013
the complainant on whose behalf the complaint is issued, and the	1014
respondent, unless the complainant, an aggrieved person, or the	1015
respondent elects to proceed under division (A)(2) of section	1016
4112.0514112.054 of the Revised Code when that division is	1017
applicable. If a complaint pertains to an alleged unlawful	1018
discriminatory practice described in division (H) of section	1019
4112.02 of the Revised Code, the complaint shall notify the	1020
complainant, an aggrieved person, and the respondent of the right	1021
of the complainant, an aggrieved person, or the respondent to	1022
elect to proceed with the administrative hearing process under	1023
this section or to proceed under division (A)(2) of section	1024
4112.0514112.054 of the Revised Code.	1025

(6) The attorney general shall represent the commission at	1026
any hearing held pursuant to division (B)(5) of this section and	1027
shall present the evidence in support of the complaint.	1028

(7) Any complaint issued pursuant to division (B)(5) of this	1029
section after the filing of a charge under division (B)(1) of this	1030
section shall be so issued within one year after the complainant	1031
filed the charge with respect to an alleged unlawful	1032
discriminatory practice.	1033

(C) Any complaint issued pursuant to division (B) of this	1034
section may be amended by the commission, a member of the	1035
commission, or the hearing examiner conducting a hearing under	1036
division (B) of this section, at any time prior to or during the	1037
hearing. The respondent has the right to file an answer or an	1038
amended answer to the original and amended complaints and to	1039
appear at the hearing in person, by attorney, or otherwise to	1040
examine and cross-examine witnesses.	1041

(D) The complainant shall be a party to a hearing under	1042
division (B) of this section, and any person who is an	1043
indispensable party to a complete determination or settlement of a	1044
question involved in the hearing shall be joined. Any aggrieved	1045
person who has or claims an interest in the subject of the hearing	1046
and in obtaining or preventing relief against the unlawful	1047
discriminatory practices complained of shall be permitted to	1048
appear only for the presentation of oral or written arguments, to	1049
present evidence, perform direct and cross-examination, and be	1050
represented by counsel. The commission shall adopt rules, in	1051
accordance with Chapter 119. of the Revised Code governing the	1052
authority granted under this division.	1053

(E) In any hearing under division (B) of this section, the	1054
commission, a member of the commission, or the hearing examiner	1055
shall not be bound by the Rules of Evidence but, in ascertaining	1056
the practices followed by the respondent, shall take into account	1057
all reliable, probative, and substantial statistical or other	1058
evidence produced at the hearing that may tend to prove the	1059
existence of a predetermined pattern of employment or membership,	1060
provided that nothing contained in this section shall be construed	1061
to authorize or require any person to observe the proportion that	1062
persons of any race, color, religion, sex, military status,	1063
familial status, national origin, disability, age, or ancestry	1064
bear to the total population or in accordance with any criterion	1065
other than the individual qualifications of the applicant.	1066

(F) The testimony taken at a hearing under division (B) of	1067
this section shall be under oath and shall be reduced to writing	1068
and filed with the commission. Thereafter, in its discretion, the	1069
commission, upon the service of a notice upon the complainant and	1070
the respondent that indicates an opportunity to be present, may	1071
take further testimony or hear argument.	1072

(G)(1) If, upon all reliable, probative, and substantial	1073
evidence presented at a hearing under division (B) of this	1074
section, the commission determines that the respondent has engaged	1075
in, or is engaging in, any unlawful discriminatory practice,	1076
whether against the complainant or others, the commission shall	1077
state its findings of fact and conclusions of law and shall issue	1078
and, subject to the provisions of Chapter 119. of the Revised	1079
Code, cause to be served on the respondent an order requiring the	1080
respondent to cease and desist from the unlawful discriminatory	1081
practice, requiring the respondent to take any further affirmative	1082
or other action that will effectuate the purposes of this chapter,	1083
including, but not limited to, hiring, reinstatement, or upgrading	1084
of employees with or without back pay, or admission or restoration	1085
to union membership, and requiring the respondent to report to the	1086
commission the manner of compliance. If the commission directs	1087
payment of back pay, it shall make allowance for interim earnings.	1088
If it finds a violation of division (H) of section 4112.02 of the	1089
Revised Code, the commission additionally shall require the	1090
respondent to pay actual damages and reasonable attorney's fees,	1091
and may award to the complainant punitive damages as follows:	1092

(a) If division (G)(1)(b) or (c) of this section does not	1093
apply, punitive damages in an amount not to exceed ten thousand	1094
dollars;	1095

(b) If division (G)(1)(c) of this section does not apply and	1096
if the respondent has been determined by a final order of the	1097
commission or by a final judgment of a court to have committed one	1098
violation of division (H) of section 4112.02 of the Revised Code	1099
during the five-year period immediately preceding the date on	1100
which a complaint was issued pursuant to division (B) of this	1101
section, punitive damages in an amount not to exceed twenty-five	1102
thousand dollars;	1103

(c) If the respondent has been determined by a final order of	1104
the commission or by a final judgment of a court to have committed	1105
two or more violations of division (H) of section 4112.02 of the	1106
Revised Code during the seven-year period immediately preceding	1107
the date on which a complaint was issued pursuant to division (B)	1108
of this section, punitive damages in an amount not to exceed fifty	1109
thousand dollars.	1110

(2) Upon the submission of reports of compliance, the	1111
commission may issue a declaratory order stating that the	1112
respondent has ceased to engage in particular unlawful	1113
discriminatory practices.	1114

(H) If the commission finds that no probable cause exists for	1115
crediting charges of unlawful discriminatory practices or if, upon	1116
all the evidence presented at a hearing under division (B) of this	1117
section on a charge, the commission finds that a respondent has	1118
not engaged in any unlawful discriminatory practice against the	1119
complainant or others, it shall state its findings of fact and	1120
shall issue and cause to be served on the complainant an order	1121
dismissing the complaint as to the respondent. A copy of the order	1122
shall be delivered in all cases to the attorney general and any	1123
other public officers whom the commission considers proper.	1124

(I) Until the time period for appeal set forth in division	1125
(H) of section 4112.06 of the Revised Code expires, the	1126
commission, subject to the provisions of Chapter 119. of the	1127
Revised Code, at any time, upon reasonable notice, and in the	1128
manner it considers proper, may modify or set aside, in whole or	1129
in part, any finding or order made by it under this section.	1130

Sec. 4112.051.  (A) As used in this section:

1131

(1) "Complainant" means a person who files a charge under	1132
this section.	1133

(2) "Respondent" means an employer that is the subject of a	1134
charge filed under this section.	1135

(3) "Discriminatory practice" means a discriminatory practice	1136
relating to employment.	1137

(B) Any person who believes that a person has been the	1138
subject of an unlawful discriminatory practice relating to	1139
employment may file a charge with the commission alleging that an	1140
employer, employment agency, personnel placement service, or labor	1141
organization has engaged or is engaging in such a practice. Such a	1142
charge shall be in writing, under oath, and shall be filed with	1143
the commission within three hundred sixty-five days after the	1144
alleged unlawful discriminatory practice was committed. The	1145
commission may also conduct, upon its own initiative and	1146
independent of the filing of any charge, a preliminary	1147
investigation relating to any alleged unlawful discriminatory	1148
practice relating to employment.	1149

(C) A person who files a charge with the commission under	1150
this section shall not institute a civil action pursuant to	1151
section 4112.052 of the Revised Code with respect to the	1152
allegations and practices set forth in the charge filed.	1153

(D) Upon receiving a charge under this section, the	1154
commission may initiate a preliminary investigation to determine	1155
whether it is probable that an alleged unlawful discriminatory	1156
practice relating to employment has occurred or is occurring.	1157

(E) If, after a preliminary investigation, the commission	1158
determines that it is not probable that an unlawful discriminatory	1159
practice relating to employment has occurred or is occurring, then	1160
the commission shall notify the complainant of its determination	1161
and that it will not issue a complaint in the matter. Members of	1162
the commission, as well as its officers and employees, shall	1163
retain as confidential all information that was obtained as a	1164
result of or that relates to such a preliminary investigation. The	1165
commission may share such information with the commission's legal	1166
counsel. The confidentiality requirement shall not apply after the	1167
commission determines from a preliminary investigation that there	1168
is probable cause that an unlawful discriminatory practice has or	1169
is occurring.	1170

(F)(1) If, after a preliminary investigation, the commission	1171
determines that it is probable that an unlawful discriminatory	1172
practice has occurred or is occurring, the commission may invite	1173
the complainant and respondent to engage in mediation.	1174

(2)(a) If the parties agree to mediation, the commission	1175
shall attempt to mediate and resolve the dispute.	1176

(b) If the parties are able to resolve the dispute through	1177
mediation, the commission shall treat the charge as being resolved	1178
and enter that disposition on the records of the commission.	1179

(3)(a) If the parties do not agree to mediation, then the	1180
commission shall endeavor to eliminate the alleged unlawful	1181
discriminatory practice by informal methods of conference,	1182
conciliation, and persuasion.	1183

(b) If, after the use of the informal methods of conference,	1184
conciliation, and persuasion, the commission is satisfied that the	1185
unlawful discriminatory practice in question will be eliminated,	1186
it may treat the charge as being conciliated and enter that	1187
disposition on the records of the commission.	1188

(4) None of the proceedings in either mediation or the	1189
informal methods of conference, conciliation, or persuasion shall	1190
be disclosed by any member of the commission or its staff or be	1191
used as evidence in any subsequent hearing or other proceeding.	1192

(G) If the commission fails to effect the elimination of the	1193
alleged unlawful discriminatory practice and is unable to obtain	1194
voluntary compliance with this chapter through those methods	1195
outlined in division (F) of this section, the commission shall	1196
issue a complaint to the respondent, the complainant, and any	1197
indispensable party.	1198

(1) The complaint shall state the charges involved and shall	1199
contain a notice of a hearing before the commission, a member of	1200
the commission, or a hearing examiner, as well as the hearing's	1201
location. Any such hearing shall be held in the county in which	1202
the alleged unlawful discriminatory practice occurred or is	1203
occurring or in which the respondent transacts business, and shall	1204
be held not less than thirty days after service of the complaint.	1205

(2) The attorney general shall represent the commission at	1206
any such hearing and shall present the evidence in support of the	1207
complaint.	1208

(3) Any such complaint may be amended by the commission, a	1209
member of the commission, or the commission's legal counsel at any	1210
time prior to the hearing if the respondent is given sufficient	1211
and reasonable notice. The respondent shall have the right to file	1212
an answer or an amended answer to the original, and any amended,	1213
complaints.	1214

(4) The respondent shall have the right to appear at the	1215
hearing in person, by attorney, or otherwise to examine and	1216
cross-examine witnesses.	1217

(5) The complainant shall be a party to a hearing under this	1218
section. Any person who is an indispensable party to a complete	1219
determination or settlement of the complaint central to the	1220
hearing shall be joined.	1221

(6) For any hearing initiated under this section, the	1222
commission, a member of the commission, or a hearing officer, is	1223
not bound by the rules of evidence, but shall take into account	1224
all reliable, probative, and substantial statistical or other	1225
evidence produced at the hearing that may prove the existence of a	1226
predetermined pattern of employment or membership.	1227

(7)(a) The testimony provided during a hearing under this	1228
section shall be under oath and shall be transcribed in writing	1229
and filed with the commission.	1230

(b) The commission, at its discretion, may hear further	1231
testimony or argument after the initial hearing if notice, that	1232
indicates an opportunity to be present, is provided to the	1233
complainant and the respondent.	1234

(H) If, after a hearing carried out under division (G) of	1235
this section, the commission determines that the respondent has	1236
engaged in, or is engaging in, any unlawful discriminatory	1237
practice, whether against the complainant or others adversely	1238
affected by the allegations in the complaint, the commission shall	1239
state its findings of fact and conclusions of law and shall issue	1240
and cause to be served to the respondent, subject to the	1241
provisions of Chapter 119. of the Revised Code, an order to cease	1242
and desist from the unlawful discriminatory practice.	1243

(1) The order shall require the respondent to take	1244
affirmative or other action necessary to effectuate the purposes	1245
of this chapter, including hiring, reinstating, or promoting the	1246
complainant or others adversely affected by the unlawful	1247
discriminatory practice and shall require the respondent to report	1248
to the commission the manner of compliance.	1249

(2)(a) The order may require back pay or admission or	1250
restoration to union membership.	1251

(b) If the order requires back pay, the commission shall take	1252
into account earnings collected during the resolution of the	1253
complaint.	1254

(3) Upon receipt of the report of compliance required under	1255
this division, the commission may issue a declaratory order	1256
stating that the respondent has ceased to engage in the unlawful	1257
discriminatory practices that were the subject of the complaint.	1258

(I) If, after a hearing carried out under division (G) of	1259
this section, the commission finds that a respondent has not	1260
engaged in any unlawful discriminatory practice against the	1261
complainant or others, it shall issue an order stating its	1262
findings of fact and dismissing the complaint to the complainant,	1263
respondent, and any other affected party. A copy of the order	1264
shall also be delivered to the attorney general and any other	1265
public officer the commission considers appropriate.	1266

(J) The commission, according to Chapter 119. of the Revised	1267
Code, upon reasonable notice to the respondent and claimant and in	1268
the manner it considers proper, may modify or set aside, in whole	1269
or in part, any finding or order made under this section until the	1270
time period for appeal set forth in section 4112.06 of the Revised	1271
Code has passed.	1272

(K) The commission shall adopt rules, in accordance with	1273
Chapter 119. of the Revised Code, to carry out this section.	1274

(L) Nothing in this section shall be construed to authorize	1275
or require any person to observe in hiring the proportion that	1276
persons of any race, color, religion, sex, military status,	1277
familial status, national origin, disability, age, or ancestry	1278
bear to the total population or in accordance with any other	1279
criteria than the qualifications of applicants.	1280

Sec. 4112.052.  A person alleging an unlawful discriminatory	1281
practice relating to employment in violation of section 4112.02 of	1282
the Revised Code may institute a civil action in a court of	1283
competent jurisdiction.	1284

(A) Such a civil action shall be filed within three hundred	1285
sixty-five days after the alleged unlawful discriminatory practice	1286
was committed.	1287

(B) A person instituting a civil action under this section is	1288
prohibited from concurrently, or subsequently, filing a charge	1289
with the Ohio civil rights commission, pursuant to section	1290
4112.051 of the Revised Code, alleging the same violation that is	1291
the subject of the civil action.	1292

(C) A cause of action, and any other remedies available under	1293
this chapter, for an unlawful discriminatory practice relating to	1294
employment based on age shall not be allowed in situations in	1295
which a discharged employee has available the opportunity to	1296
arbitrate the discharge or a discharge has been arbitrated and has	1297
been found to be for just cause.	1298

(D) A civil action based on 42 U.S.C. 1981a, 42 U.S.C. 1983,	1299
and 42 U.S.C. 1985 shall be brought within two years after the	1300
cause of action accrues. The period of limitations set forth in	1301
this division does not apply to causes of action based on 42	1302
U.S.C. 1981 as amended by the "Civil Rights Act of 1991," Pub. L.	1303
No. 102-166.	1304

Sec. 4112.053. (A) An employer may raise an affirmative	1305
defense to liability resulting from an unlawful discriminatory	1306
practice relating to employment in a charge filed pursuant to	1307
section 4112.051 of the Revised Code or a civil action filed	1308
pursuant to section 4112.052 of the Revised Code, if the employer	1309
proves both of the following by a preponderance of the evidence:	1310

(1) The employer exercised reasonable care to prevent or	1311
promptly correct the unlawful discriminatory practice or harassing	1312
behavior. The employer may satisfy this element of the affirmative	1313
defense with proof that the employer has promulgated an	1314
applicable, reasonable anti-discrimination or anti-harassment	1315
policy that includes a complaint procedure, provided that the	1316
employer does all of the following:	1317

(a) Publishes and distributes the policy to its employees and	1318
managers;	1319

(b) Informs employees about the prohibited conduct and	1320
complaint procedure;	1321

(c) Publishes and enforces a reasonable policy prohibiting	1322
retaliation for reporting, participating in investigations, or	1323
opposing harassment or discrimination;	1324

(d) Acts upon internal complaints concerning discrimination,	1325
harassment, or hostile work environments in a prompt and	1326
reasonable manner;	1327

(e) Enables an employee alleging discrimination, harassment,	1328
or a hostile work environment to pursue a complaint through	1329
individuals that are not the individual or individuals that are	1330
alleged to have committed such violations.	1331

(2) The employee alleging the unlawful discriminatory	1332
practice relating to employment unreasonably failed to take	1333
advantage of any preventive or corrective opportunities provided	1334
by the employer or to avoid harm otherwise. The employer may	1335
satisfy this element of the affirmative defense with proof that	1336
the employee failed to do either of the following:	1337

(a) Take advantage of or abide by preventive or corrective	1338
opportunities provided by the employer;	1339

(b) Utilize a complaint procedure provided by the employer.

1340

(B) The requirement of division (A)(2) of this section shall	1341
be considered to not have been met if an employee alleging	1342
discrimination related to employment can demonstrate that use of	1343
the preventive or corrective opportunities provided would have	1344
been futile.	1345

(C) The affirmative defense set forth in this section shall	1346
not be available to an employer where the alleged unlawful	1347
discriminatory practice resulted in an adverse, tangible	1348
employment action against the employee.	1349

(D) As used in this section, "adverse, tangible employment	1350
action" means an action resulting in material economic detriment	1351
such as failure to hire or promote, firing, or demotion.	1352

Sec. 4112.051.        Sec. 4112.054.  (A)(1) Aggrieved persons may enforce	1353
the rights granted by division (H) of section 4112.02 of the	1354
Revised Code by filing a civil action in the court of common pleas	1355
of the county in which the alleged unlawful discriminatory	1356
practice occurred within one year after it allegedly occurred.	1357
Upon application by an aggrieved person, upon a proper showing,	1358
and under circumstances that it considers just, a court of common	1359
pleas may appoint an attorney for the aggrieved person and	1360
authorize the commencement of a civil action under this division	1361
without the payment of costs.	1362

Each party to a civil action under this division has the	1363
right to a jury trial of the action. To assert the right, a party	1364
shall demand a jury trial in the manner prescribed in the Rules of	1365
Civil Procedure. If a party demands a jury trial in that manner,	1366
the civil action shall be tried to a jury.	1367

(2)(a) If a complaint is issued by the commission under	1368
division (B)(5) of section 4112.05 of the Revised Code for one or	1369
more alleged unlawful discriminatory practices described in	1370
division (H) of section 4112.02 of the Revised Code, the	1371
complainant, any aggrieved person on whose behalf the complaint is	1372
issued, or the respondent may elect, following receipt of the	1373
relevant notice described in division (B)(5) of section 4112.05 of	1374
the Revised Code, to proceed with the administrative hearing	1375
process under that section or to have the alleged unlawful	1376
discriminatory practices covered by the complaint addressed in a	1377
civil action commenced in accordance with divisions (A)(1) and	1378
(2)(b) of this section. An election to have the alleged unlawful	1379
discriminatory practices so addressed shall be made in a writing	1380
that is sent by certified mail, return receipt requested, to the	1381
commission, to the civil rights section of the office of the	1382
attorney general, and to the other parties to the pending	1383
administrative process within thirty days after the electing	1384
complainant, aggrieved person, or respondent received the relevant	1385
notice described in division (B)(5) of section 4112.05 of the	1386
Revised Code.	1387

(b) Upon receipt of a timely mailed election to have the	1388
alleged unlawful discriminatory practices addressed in a civil	1389
action, the commission shall authorize the office of the attorney	1390
general to commence and maintain the civil action in the court of	1391
common pleas of the county in which the alleged unlawful	1392
discriminatory practices occurred. Notwithstanding the period of	1393
limitations specified in division (A)(1) of this section, the	1394
office of the attorney general shall commence the civil action	1395
within thirty days after the receipt of the commission's	1396
authorization to commence the civil action.	1397

(c) Upon commencement of the civil action in accordance with	1398
division (A)(2)(b) of this section, the commission shall prepare	1399
an order dismissing the complaint in the pending administrative	1400
matter and serve a copy of the order upon the complainant, each	1401
aggrieved person on whose behalf the complaint was issued, and the	1402
respondent.	1403

(d) If an election to have the alleged unlawful	1404
discriminatory practices addressed in a civil action is not filed	1405
in accordance with division (A)(2)(a) of this section, the	1406
commission shall continue with the administrative hearing process	1407
described in section 4112.05 of the Revised Code.	1408

(e) With respect to the issues to be determined in a civil	1409
action commenced in accordance with division (A)(2)(b) of this	1410
section, any aggrieved person may intervene as a matter of right	1411
in that civil action.	1412

(B) If the court or the jury in a civil action under this	1413
section finds that a violation of division (H) of section 4112.02	1414
of the Revised Code is about to occur, the court may order any	1415
affirmative action it considers appropriate, including a permanent	1416
or temporary injunction or temporary restraining order.	1417

(C) Any sale, encumbrance, or rental consummated prior to the	1418
issuance of any court order under the authority of this section	1419
and involving a bona fide purchaser, encumbrancer, or tenant	1420
without actual notice of the existence of a charge under division	1421
(H) of section 4112.02 of the Revised Code or a civil action under	1422
this section is not affected by the court order.	1423

(D) If the court or the jury in a civil action under this	1424
section finds that a violation of division (H) of section 4112.02	1425
of the Revised Code has occurred, the court shall award to the	1426
plaintiff or to the complainant or aggrieved person on whose	1427
behalf the office of the attorney general commenced or maintained	1428
the civil action, whichever is applicable, actual damages,	1429
reasonable attorney's fees, court costs incurred in the	1430
prosecution of the action, expert witness fees, and other	1431
litigation expenses, and may grant other relief that it considers	1432
appropriate, including a permanent or temporary injunction, a	1433
temporary restraining order, or other order and punitive damages.	1434

(E) Any civil action brought under this section shall be	1435
heard and determined as expeditiously as possible.	1436

(F) The court in a civil action under this section shall	1437
notify the commission of any finding pertaining to discriminatory	1438
housing practices within fifteen days after the entry of the	1439
finding.	1440

Sec. 4112.052.        Sec. 4112.055.  Whenever the Ohio civil rights	1441
commission has reasonable cause to believe that any person or	1442
persons are engaged in a pattern or practice of resistance to a	1443
person or persons' full enjoyment of the rights granted by	1444
division (H) of section 4112.02 of the Revised Code, or that any	1445
group of persons has been denied any of the rights granted by that	1446
division and the denial raises an issue of public importance, the	1447
commission may refer the matter to the attorney general for	1448
commencement of a civil action in a court of common pleas. The	1449
attorney general may seek any preventive relief considered	1450
necessary to ensure the full enjoyment of the rights granted by	1451
that division, including a permanent or temporary injunction or	1452
temporary restraining order.	1453

Sec. 4112.08. (A) This chapter shall be construed liberally	1454
for the accomplishment of its purposes, and any law inconsistent	1455
with any provision of this chapter shall not apply. Nothing	1456
contained in this chapter shall be considered to repeal any of the	1457
provisions of any law of this state relating to discrimination	1458
because of race, color, religion, sex, military status, familial	1459
status, disability, national origin, age, or ancestry, except that	1460
any person filing a charge under division (B)(1) of section	1461
4112.05 of the Revised Code, with respect to the unlawful	1462
discriminatory practices complained of, is barred from instituting	1463
a civil action under section 4112.14 or division (N) of section	1464
4112.02 of the Revised Code.	1465

However, no person has a cause of action or claim based on	1466
unlawful discriminatory practices relating to employment against a	1467
supervisor, manager, or other employee of an employer unless that	1468
supervisor, manager, or other employee is the employer. Nothing in	1469
this division abrogates statutory claims outside this chapter or	1470
any claims of liability that exist against an individual at common	1471
law.	1472

(B) The procedures and remedies for unlawful discriminatory	1473
practices relating to employment in this chapter are the sole and	1474
exclusive procedures and remedies available to a person who	1475
alleges such discrimination. Causes of action based on public	1476
policies embodied in this chapter for unlawful discriminatory	1477
practices relating to employment, or in state, federal, or local	1478
fair employment laws are barred.	1479

(C) Nothing in this chapter shall be interpreted as altering,	1480
amending, or abrogating the procedures, rights, and remedies in	1481
Chapters 5903. and 5906. of the Revised Code.	1482

Sec. 4112.14.  The sum of the amount of damages awarded for	1483
noneconomic losses, as defined under section 2315.18 of the	1484
Revised Code, and the amount of punitive damages awarded to each	1485
complaining party in a civil action based on an unlawful	1486
discriminatory practice relating to employment shall not exceed	1487
the following amounts:	1488

(A) If the defendant employs four to one hundred employees in	1489
each of twenty or more calendar weeks in the current or preceding	1490
calendar year, fifty thousand dollars;	1491

(B) If the defendant employs one hundred one to two hundred	1492
employees in each of twenty or more calendar weeks in the current	1493
or preceding calendar year, one hundred thousand dollars;	1494

(C) If the defendant employs two hundred one to five hundred	1495
employees in each of twenty or more calendar weeks in the current	1496
or preceding calendar year, two hundred thousand dollars;	1497

(D) If the defendant employs more than five hundred employees	1498
in each of twenty or more calendar weeks in the current or	1499
preceding calendar year, three hundred thousand dollars.	1500

Sec. 4112.99. WhoeverSubject to sections 4112.052,	1501
4112.054, and 4112.14 of the Revised Code, whoever violates this	1502
chapter is subject to a civil action for damages, injunctive	1503
relief, or any other appropriate relief.	1504

Section 2. That existing sections 2305.07, 4112.01, 4112.02,	1505
4112.04, 4112.05, 4112.051, 4112.052, 4112.08, and 4112.99 and	1506
section 4112.14 of the Revised Code are hereby repealed.	1507

Section 3. The General Assembly, in amending section 4112.01	1508
and division (A) of section 4112.08 of the Revised Code pursuant	1509
to this act, hereby declares its intent to supersede the effect of	1510
the holding of the Ohio Supreme Court in Genaro v. Central	1511
Transport, Inc., 84 Ohio St. 3d 293 (1999) and to follow the	1512
holding in Wathen v. General Electric Co., 115 F.3d 400 (1997)	1513
regarding the definition of "employer" for purposes of Chapter	1514
4112. of the Revised Code. The General Assembly further declares	1515
its intent that individual supervisors, managers, or employees not	1516
be held liable under Chapter 4112. of the Revised Code for	1517
unlawful discriminatory practices relating to employment. The	1518
General Assembly does not intend this act to abrogate the	1519
imposition at common law of vicarious liability on employers for	1520
the unlawful discriminatory practices of their employees or agents	1521
or to abrogate any other statutory claims that exist outside of	1522
Chapter 4112. of the Revised Code or claims existing at common law	1523
that may be made against an individual.	1524

The General Assembly, in amending division (A) of section	1525
4112.02 of the Revised Code pursuant to this act, hereby declares	1526
its intent to follow the holding of the United State Supreme Court	1527
in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC,	1528
132 S. Ct. 694 (2012).	1529

The General Assembly declares its intent in enacting new	1530
section 4112.14 of the Revised Code pursuant to this act that the	1531
amount of noneconomic and punitive damages awarded in civil	1532
actions alleging unlawful discriminatory practices relating to	1533
employment be capped based on the size of the employer set forth	1534
in the "Civil Rights Act of 1991," 42 U.S.C. 1981a(b)(3).	1535

It is the intent of the General Assembly that common law	1536
claims for wrongful discharge are not available for actions	1537
maintainable under Chapter 4112. of the Revised Code and that the	1538
procedures and remedies set forth in Chapter 4112. of the Revised	1539
Code are the sole and exclusive procedures and remedies available	1540
under state law for claims of unlawful discriminatory practice	1541
relating to employment that are governed by that chapter. The	1542
General Assembly declares its intent in amending division (B) of	1543
section 4112.08 of the Revised Code to conform to, and not to	1544
overturn, the holding of the Ohio Supreme Court in Collins v.	1545
Rizkana, 73 Ohio St. 3d 65, 73 (1995).	1546

The General Assembly declares its intent in enacting section	1547
4112.053 of the Revised Code pursuant to this act that employers	1548
will be encouraged to implement meaningful anti-discrimination	1549
policies and foster a work environment that is fair and tolerant.	1550
The General Assembly further declares its intent that human	1551
resource professionals should have the first opportunity to	1552
resolve personnel complaints and rectify detrimental workplace	1553
behavior before such issues result in costly litigation.	1554

Section 4.  Section 4112.04 of the Revised Code is presented	1555
in this act as a composite of the section as amended by both Am.	1556
Sub. H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of	1557
the 128th General Assembly. The General Assembly, applying the	1558
principle stated in division (B) of section 1.52 of the Revised	1559
Code that amendments are to be harmonized if reasonably capable of	1560
simultaneous operation, finds that the composite is the resulting	1561
version of the section in effect prior to the effective date of	1562
the section as presented in this act.	1563