Bill Text: OH HB470 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To prohibit employment discrimination against smokers.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2010-03-23 - To Commerce & Labor [HB470 Detail]

Download: Ohio-2009-HB470-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 470


Representative Dyer 

Cosponsors: Representatives Okey, Domenick, Pryor, Hagan 



A BILL
To enact section 4113.25 of the Revised Code to 1
prohibit employment discrimination against 2
smokers.3


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

       Section 1. That section 4113.25 of the Revised Code be 4
enacted to read as follows:5

       Sec. 4113.25.  (A) No employer shall discharge without just 6
cause, refuse to hire, or otherwise discriminate against any 7
person with respect to hire, tenure, terms, conditions, or 8
privileges of employment, or any matter directly or indirectly 9
related to employment, on the basis that the person smokes 10
tobacco. 11

       (B) Nothing in this section shall prohibit an employer from 12
adopting and enforcing rules that prohibit employees from smoking 13
tobacco, or smelling like tobacco smoke, during the hours of 14
employment. 15

       (C) Any person discriminated against as a result of a 16
violation of division (A) of this section may sue in any court of 17
competent jurisdiction to recover damages and costs, including 18
attorney's fees, and to obtain injunctive relief or other 19
appropriate relief. 20

       (D) Any action arising under this section shall be initiated 21
within one year after the date of violation.22

       (E) The director of commerce shall administer and 23
administratively enforce this section and may adopt rules in 24
accordance with Chapter 119. of the Revised Code for those 25
purposes.26

       (F) Whoever violates this section shall be fined twenty-five 27
thousand dollars for the first offense, fifty thousand dollars for 28
the second offense, and one hundred thousand dollars for each 29
subsequent offense. 30

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