Bill Text: OH HB82 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To exempt religious corporations, associations, educational institutions, or societies from the definition of "employer" for the purpose of Ohio's Civil Rights law.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2013-02-26 - To Judiciary [HB82 Detail]
Download: Ohio-2013-HB82-Introduced.html
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Representatives Hayes, Blair
Cosponsors:
Representatives Wachtmann, Derickson, Becker, Terhar, Boose, Thompson, Scherer, Buchy, Conditt
To amend section 4112.01 of the Revised Code to | 1 |
exempt religious corporations, associations, | 2 |
educational institutions, or societies from the | 3 |
definition of "employer" for the purpose of Ohio's | 4 |
Civil Rights law. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4112.01 of the Revised Code be | 6 |
amended to read as follows: | 7 |
Sec. 4112.01. (A) As used in this chapter: | 8 |
(1) "Person" includes one or more individuals, partnerships, | 9 |
associations, organizations, corporations, legal representatives, | 10 |
trustees, trustees in bankruptcy, receivers, and other organized | 11 |
groups of persons. "Person" also includes, but is not limited to, | 12 |
any owner, lessor, assignor, builder, manager, broker, | 13 |
salesperson, appraiser, agent, employee, lending institution, and | 14 |
the state and all political subdivisions, authorities, agencies, | 15 |
boards, and commissions of the state. | 16 |
(2) "Employer" includes the state, any political subdivision | 17 |
of the state, any person employing four or more persons within the | 18 |
state, and any person acting directly or indirectly in the | 19 |
interest of an employer, but shall not include a religious | 20 |
corporation, association, educational institution, or society with | 21 |
respect to the employment of individuals of a particular religion | 22 |
to perform work connected with the carrying on by such | 23 |
corporation, association, educational institution, or society. | 24 |
(3) "Employee" means an individual employed by any employer | 25 |
but does not include any individual employed in the domestic | 26 |
service of any person. | 27 |
(4) "Labor organization" includes any organization that | 28 |
exists, in whole or in part, for the purpose of collective | 29 |
bargaining or of dealing with employers concerning grievances, | 30 |
terms or conditions of employment, or other mutual aid or | 31 |
protection in relation to employment. | 32 |
(5) "Employment agency" includes any person regularly | 33 |
undertaking, with or without compensation, to procure | 34 |
opportunities to work or to procure, recruit, refer, or place | 35 |
employees. | 36 |
(6) "Commission" means the Ohio civil rights commission | 37 |
created by section 4112.03 of the Revised Code. | 38 |
(7) "Discriminate" includes segregate or separate. | 39 |
(8) "Unlawful discriminatory practice" means any act | 40 |
prohibited by section 4112.02, 4112.021, or 4112.022 of the | 41 |
Revised Code. | 42 |
(9) "Place of public accommodation" means any inn, | 43 |
restaurant, eating house, barbershop, public conveyance by air, | 44 |
land, or water, theater, store, other place for the sale of | 45 |
merchandise, or any other place of public accommodation or | 46 |
amusement of which the accommodations, advantages, facilities, or | 47 |
privileges are available to the public. | 48 |
(10) "Housing accommodations" includes any building or | 49 |
structure, or portion of a building or structure, that is used or | 50 |
occupied or is intended, arranged, or designed to be used or | 51 |
occupied as the home residence, dwelling, dwelling unit, or | 52 |
sleeping place of one or more individuals, groups, or families | 53 |
whether or not living independently of each other; and any vacant | 54 |
land offered for sale or lease. "Housing accommodations" also | 55 |
includes any housing accommodations held or offered for sale or | 56 |
rent by a real estate broker, salesperson, or agent, by any other | 57 |
person pursuant to authorization of the owner, by the owner, or by | 58 |
the owner's legal representative. | 59 |
(11) "Restrictive covenant" means any specification limiting | 60 |
the transfer, rental, lease, or other use of any housing | 61 |
accommodations because of race, color, religion, sex, military | 62 |
status, familial status, national origin, disability, or ancestry, | 63 |
or any limitation based upon affiliation with or approval by any | 64 |
person, directly or indirectly, employing race, color, religion, | 65 |
sex, military status, familial status, national origin, | 66 |
disability, or ancestry as a condition of affiliation or approval. | 67 |
(12) "Burial lot" means any lot for the burial of deceased | 68 |
persons within any public burial ground or cemetery, including, | 69 |
but not limited to, cemeteries owned and operated by municipal | 70 |
corporations, townships, or companies or associations incorporated | 71 |
for cemetery purposes. | 72 |
(13) "Disability" means a physical or mental impairment that | 73 |
substantially limits one or more major life activities, including | 74 |
the functions of caring for one's self, performing manual tasks, | 75 |
walking, seeing, hearing, speaking, breathing, learning, and | 76 |
working; a record of a physical or mental impairment; or being | 77 |
regarded as having a physical or mental impairment. | 78 |
(14) Except as otherwise provided in section 4112.021 of the | 79 |
Revised Code, "age" means at least forty years old. | 80 |
(15) "Familial status" means either of the following: | 81 |
(a) One or more individuals who are under eighteen years of | 82 |
age and who are domiciled with a parent or guardian having legal | 83 |
custody of the individual or domiciled, with the written | 84 |
permission of the parent or guardian having legal custody, with a | 85 |
designee of the parent or guardian; | 86 |
(b) Any person who is pregnant or in the process of securing | 87 |
legal custody of any individual who is under eighteen years of | 88 |
age. | 89 |
(16)(a) Except as provided in division (A)(16)(b) of this | 90 |
section, "physical or mental impairment" includes any of the | 91 |
following: | 92 |
(i) Any physiological disorder or condition, cosmetic | 93 |
disfigurement, or anatomical loss affecting one or more of the | 94 |
following body systems: neurological; musculoskeletal; special | 95 |
sense organs; respiratory, including speech organs; | 96 |
cardiovascular; reproductive; digestive; genito-urinary; hemic and | 97 |
lymphatic; skin; and endocrine; | 98 |
(ii) Any mental or psychological disorder, including, but not | 99 |
limited to, mental retardation, organic brain syndrome, emotional | 100 |
or mental illness, and specific learning disabilities; | 101 |
(iii) Diseases and conditions, including, but not limited to, | 102 |
orthopedic, visual, speech, and hearing impairments, cerebral | 103 |
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, | 104 |
cancer, heart disease, diabetes, human immunodeficiency virus | 105 |
infection, mental retardation, emotional illness, drug addiction, | 106 |
and alcoholism. | 107 |
(b) "Physical or mental impairment" does not include any of | 108 |
the following: | 109 |
(i) Homosexuality and bisexuality; | 110 |
(ii) Transvestism, transsexualism, pedophilia, exhibitionism, | 111 |
voyeurism, gender identity disorders not resulting from physical | 112 |
impairments, or other sexual behavior disorders; | 113 |
(iii) Compulsive gambling, kleptomania, or pyromania; | 114 |
(iv) Psychoactive substance use disorders resulting from the | 115 |
current illegal use of a controlled substance or the current use | 116 |
of alcoholic beverages. | 117 |
(17) "Dwelling unit" means a single unit of residence for a | 118 |
family of one or more persons. | 119 |
(18) "Common use areas" means rooms, spaces, or elements | 120 |
inside or outside a building that are made available for the use | 121 |
of residents of the building or their guests, and includes, but is | 122 |
not limited to, hallways, lounges, lobbies, laundry rooms, refuse | 123 |
rooms, mail rooms, recreational areas, and passageways among and | 124 |
between buildings. | 125 |
(19) "Public use areas" means interior or exterior rooms or | 126 |
spaces of a privately or publicly owned building that are made | 127 |
available to the general public. | 128 |
(20) "Controlled substance" has the same meaning as in | 129 |
section 3719.01 of the Revised Code. | 130 |
(21) "Disabled tenant" means a tenant or prospective tenant | 131 |
who is a person with a disability. | 132 |
(22) "Military status" means a person's status in "service in | 133 |
the uniformed services" as defined in section 5923.05 of the | 134 |
Revised Code. | 135 |
(23) "Aggrieved person" includes both of the following: | 136 |
(a) Any person who claims to have been injured by any | 137 |
unlawful discriminatory practice described in division (H) of | 138 |
section 4112.02 of the Revised Code; | 139 |
(b) Any person who believes that the person will be injured | 140 |
by, any unlawful discriminatory practice described in division (H) | 141 |
of section 4112.02 of the Revised Code that is about to occur. | 142 |
(B) For the purposes of divisions (A) to (F) of section | 143 |
4112.02 of the Revised Code, the terms "because of sex" and "on | 144 |
the basis of sex" include, but are not limited to, because of or | 145 |
on the basis of pregnancy, any illness arising out of and | 146 |
occurring during the course of a pregnancy, childbirth, or related | 147 |
medical conditions. Women affected by pregnancy, childbirth, or | 148 |
related medical conditions shall be treated the same for all | 149 |
employment-related purposes, including receipt of benefits under | 150 |
fringe benefit programs, as other persons not so affected but | 151 |
similar in their ability or inability to work, and nothing in | 152 |
division (B) of section 4111.17 of the Revised Code shall be | 153 |
interpreted to permit otherwise. This division shall not be | 154 |
construed to require an employer to pay for health insurance | 155 |
benefits for abortion, except where the life of the mother would | 156 |
be endangered if the fetus were carried to term or except where | 157 |
medical complications have arisen from the abortion, provided that | 158 |
nothing in this division precludes an employer from providing | 159 |
abortion benefits or otherwise affects bargaining agreements in | 160 |
regard to abortion. | 161 |
Section 2. That existing section 4112.01 of the Revised Code | 162 |
is hereby repealed. | 163 |