Bill Text: OH SB91 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To specify that discrimination by an employer against any person because of the person's credit history is an unlawful discriminatory practice under the Ohio Civil Rights Law.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2009-04-02 - To Judiciary Civil Justice [SB91 Detail]

Download: Ohio-2009-SB91-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 91

Senator Miller, R. 

Cosponsors: Senators Miller, D., Morano, Smith, Kearney, Turner, Strahorn 

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A BILL

To amend sections 4112.02, 4112.05, 4112.08, and

1

4112.14 of the Revised Code to specify that

2

discrimination by an employer against any person

3

because of the person's credit history is an

4

unlawful discriminatory practice under the Ohio

5

Civil Rights Law.

6

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

Section 1. That sections 4112.02, 4112.05, 4112.08, and	7
4112.14 of the Revised Code be amended to read as follows:	8

Sec. 4112.02.  It shall be an unlawful discriminatory	9
practice:	10

(A) For any employer, because of the race, color, religion,	11
sex, military status, national origin, disability, age, or	12
ancestry of any person, to discharge without just cause, to refuse	13
to hire, or otherwise to discriminate against that person with	14
respect to hire, tenure, terms, conditions, or privileges of	15
employment, or any matter directly or indirectly related to	16
employment.	17

(B) For an employment agency or personnel placement service,	18
because of race, color, religion, sex, military status, national	19
origin, disability, age, or ancestry, to do any of the following:	20

(1) Refuse or fail to accept, register, classify properly, or	21
refer for employment, or otherwise discriminate against any	22
person;	23

(2) Comply with a request from an employer for referral of	24
applicants for employment if the request directly or indirectly	25
indicates that the employer fails to comply with the provisions of	26
sections 4112.01 to 4112.07 of the Revised Code.	27

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

28

(1) Limit or classify its membership on the basis of race,	29
color, religion, sex, military status, national origin,	30
disability, age, or ancestry;	31

(2) Discriminate against, limit the employment opportunities	32
of, or otherwise adversely affect the employment status, wages,	33
hours, or employment conditions of any person as an employee	34
because of race, color, religion, sex, military status, national	35
origin, disability, age, or ancestry.	36

(D) For any employer, labor organization, or joint	37
labor-management committee controlling apprentice training	38
programs to discriminate against any person because of race,	39
color, religion, sex, military status, national origin,	40
disability, or ancestry in admission to, or employment in, any	41
program established to provide apprentice training.	42

(E) Except where based on a bona fide occupational	43
qualification certified in advance by the commission, for any	44
employer, employment agency, personnel placement service, or labor	45
organization, prior to employment or admission to membership, to	46
do any of the following:	47

(1) Elicit or attempt to elicit any information concerning	48
the race, color, religion, sex, military status, national origin,	49
disability, age, or ancestry of an applicant for employment or	50
membership;	51

(2) Make or keep a record of the race, color, religion, sex,	52
military status, national origin, disability, age, or ancestry of	53
any applicant for employment or membership;	54

(3) Use any form of application for employment, or personnel	55
or membership blank, seeking to elicit information regarding race,	56
color, religion, sex, military status, national origin,	57
disability, age, or ancestry; but an employer holding a contract	58
containing a nondiscrimination clause with the government of the	59
United States, or any department or agency of that government, may	60
require an employee or applicant for employment to furnish	61
documentary proof of United States citizenship and may retain that	62
proof in the employer's personnel records and may use photographic	63
or fingerprint identification for security purposes;	64

(4) Print or publish or cause to be printed or published any	65
notice or advertisement relating to employment or membership	66
indicating any preference, limitation, specification, or	67
discrimination, based upon race, color, religion, sex, military	68
status, national origin, disability, age, or ancestry;	69

(5) Announce or follow a policy of denying or limiting,	70
through a quota system or otherwise, employment or membership	71
opportunities of any group because of the race, color, religion,	72
sex, military status, national origin, disability, age, or	73
ancestry of that group;	74

(6) Utilize in the recruitment or hiring of persons any	75
employment agency, personnel placement service, training school or	76
center, labor organization, or any other employee-referring source	77
known to discriminate against persons because of their race,	78
color, religion, sex, military status, national origin,	79
disability, age, or ancestry.	80

(F) For any person seeking employment to publish or cause to	81
be published any advertisement that specifies or in any manner	82
indicates that person's race, color, religion, sex, military	83
status, national origin, disability, age, or ancestry, or	84
expresses a limitation or preference as to the race, color,	85
religion, sex, military status, national origin, disability, age,	86
or ancestry of any prospective employer.	87

(G) For any proprietor or any employee, keeper, or manager of	88
a place of public accommodation to deny to any person, except for	89
reasons applicable alike to all persons regardless of race, color,	90
religion, sex, military status, national origin, disability, age,	91
or ancestry, the full enjoyment of the accommodations, advantages,	92
facilities, or privileges of the place of public accommodation.	93

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

94

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	95
or finance housing accommodations, refuse to negotiate for the	96
sale or rental of housing accommodations, or otherwise deny or	97
make unavailable housing accommodations because of race, color,	98
religion, sex, military status, familial status, ancestry,	99
disability, or national origin;	100

(2) Represent to any person that housing accommodations are	101
not available for inspection, sale, or rental, when in fact they	102
are available, because of race, color, religion, sex, military	103
status, familial status, ancestry, disability, or national origin;	104

(3) Discriminate against any person in the making or	105
purchasing of loans or the provision of other financial assistance	106
for the acquisition, construction, rehabilitation, repair, or	107
maintenance of housing accommodations, or any person in the making	108
or purchasing of loans or the provision of other financial	109
assistance that is secured by residential real estate, because of	110
race, color, religion, sex, military status, familial status,	111
ancestry, disability, or national origin or because of the racial	112
composition of the neighborhood in which the housing	113
accommodations are located, provided that the person, whether an	114
individual, corporation, or association of any type, lends money	115
as one of the principal aspects or incident to the person's	116
principal business and not only as a part of the purchase price of	117
an owner-occupied residence the person is selling nor merely	118
casually or occasionally to a relative or friend;	119

(4) Discriminate against any person in the terms or	120
conditions of selling, transferring, assigning, renting, leasing,	121
or subleasing any housing accommodations or in furnishing	122
facilities, services, or privileges in connection with the	123
ownership, occupancy, or use of any housing accommodations,	124
including the sale of fire, extended coverage, or homeowners	125
insurance, because of race, color, religion, sex, military status,	126
familial status, ancestry, disability, or national origin or	127
because of the racial composition of the neighborhood in which the	128
housing accommodations are located;	129

(5) Discriminate against any person in the terms or	130
conditions of any loan of money, whether or not secured by	131
mortgage or otherwise, for the acquisition, construction,	132
rehabilitation, repair, or maintenance of housing accommodations	133
because of race, color, religion, sex, military status, familial	134
status, ancestry, disability, or national origin or because of the	135
racial composition of the neighborhood in which the housing	136
accommodations are located;	137

(6) Refuse to consider without prejudice the combined income	138
of both husband and wife for the purpose of extending mortgage	139
credit to a married couple or either member of a married couple;	140

(7) Print, publish, or circulate any statement or	141
advertisement, or make or cause to be made any statement or	142
advertisement, relating to the sale, transfer, assignment, rental,	143
lease, sublease, or acquisition of any housing accommodations, or	144
relating to the loan of money, whether or not secured by mortgage	145
or otherwise, for the acquisition, construction, rehabilitation,	146
repair, or maintenance of housing accommodations, that indicates	147
any preference, limitation, specification, or discrimination based	148
upon race, color, religion, sex, military status, familial status,	149
ancestry, disability, or national origin, or an intention to make	150
any such preference, limitation, specification, or discrimination;	151

(8) Except as otherwise provided in division (H)(8) or (17)	152
of this section, make any inquiry, elicit any information, make or	153
keep any record, or use any form of application containing	154
questions or entries concerning race, color, religion, sex,	155
military status, familial status, ancestry, disability, or	156
national origin in connection with the sale or lease of any	157
housing accommodations or the loan of any money, whether or not	158
secured by mortgage or otherwise, for the acquisition,	159
construction, rehabilitation, repair, or maintenance of housing	160
accommodations. Any person may make inquiries, and make and keep	161
records, concerning race, color, religion, sex, military status,	162
familial status, ancestry, disability, or national origin for the	163
purpose of monitoring compliance with this chapter.	164

(9) Include in any transfer, rental, or lease of housing	165
accommodations any restrictive covenant, or honor or exercise, or	166
attempt to honor or exercise, any restrictive covenant;	167

(10) Induce or solicit, or attempt to induce or solicit, a	168
housing accommodations listing, sale, or transaction by	169
representing that a change has occurred or may occur with respect	170
to the racial, religious, sexual, military status, familial	171
status, or ethnic composition of the block, neighborhood, or other	172
area in which the housing accommodations are located, or induce or	173
solicit, or attempt to induce or solicit, a housing accommodations	174
listing, sale, or transaction by representing that the presence or	175
anticipated presence of persons of any race, color, religion, sex,	176
military status, familial status, ancestry, disability, or	177
national origin, in the block, neighborhood, or other area will or	178
may have results including, but not limited to, the following:	179

(a) The lowering of property values;

180

(b) A change in the racial, religious, sexual, military	181
status, familial status, or ethnic composition of the block,	182
neighborhood, or other area;	183

(c) An increase in criminal or antisocial behavior in the	184
block, neighborhood, or other area;	185

(d) A decline in the quality of the schools serving the	186
block, neighborhood, or other area.	187

(11) Deny any person access to or membership or participation	188
in any multiple-listing service, real estate brokers'	189
organization, or other service, organization, or facility relating	190
to the business of selling or renting housing accommodations, or	191
discriminate against any person in the terms or conditions of that	192
access, membership, or participation, on account of race, color,	193
religion, sex, military status, familial status, national origin,	194
disability, or ancestry;	195

(12) Coerce, intimidate, threaten, or interfere with any	196
person in the exercise or enjoyment of, or on account of that	197
person's having exercised or enjoyed or having aided or encouraged	198
any other person in the exercise or enjoyment of, any right	199
granted or protected by division (H) of this section;	200

(13) Discourage or attempt to discourage the purchase by a	201
prospective purchaser of housing accommodations, by representing	202
that any block, neighborhood, or other area has undergone or might	203
undergo a change with respect to its religious, racial, sexual,	204
military status, familial status, or ethnic composition;	205

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	206
or finance, or otherwise deny or withhold, a burial lot from any	207
person because of the race, color, sex, military status, familial	208
status, age, ancestry, disability, or national origin of any	209
prospective owner or user of the lot;	210

(15) Discriminate in the sale or rental of, or otherwise make	211
unavailable or deny, housing accommodations to any buyer or renter	212
because of a disability of any of the following:	213

(a) The buyer or renter;

214

(b) A person residing in or intending to reside in the	215
housing accommodations after they are sold, rented, or made	216
available;	217

(c) Any individual associated with the person described in	218
division (H)(15)(b) of this section.	219

(16) Discriminate in the terms, conditions, or privileges of	220
the sale or rental of housing accommodations to any person or in	221
the provision of services or facilities to any person in	222
connection with the housing accommodations because of a disability	223
of any of the following:	224

(a) That person;

225

(b) A person residing in or intending to reside in the	226
housing accommodations after they are sold, rented, or made	227
available;	228

(c) Any individual associated with the person described in	229
division (H)(16)(b) of this section.	230

(17) Except as otherwise provided in division (H)(17) of this	231
section, make an inquiry to determine whether an applicant for the	232
sale or rental of housing accommodations, a person residing in or	233
intending to reside in the housing accommodations after they are	234
sold, rented, or made available, or any individual associated with	235
that person has a disability, or make an inquiry to determine the	236
nature or severity of a disability of the applicant or such a	237
person or individual. The following inquiries may be made of all	238
applicants for the sale or rental of housing accommodations,	239
regardless of whether they have disabilities:	240

(a) An inquiry into an applicant's ability to meet the	241
requirements of ownership or tenancy;	242

(b) An inquiry to determine whether an applicant is qualified	243
for housing accommodations available only to persons with	244
disabilities or persons with a particular type of disability;	245

(c) An inquiry to determine whether an applicant is qualified	246
for a priority available to persons with disabilities or persons	247
with a particular type of disability;	248

(d) An inquiry to determine whether an applicant currently	249
uses a controlled substance in violation of section 2925.11 of the	250
Revised Code or a substantively comparable municipal ordinance;	251

(e) An inquiry to determine whether an applicant at any time	252
has been convicted of or pleaded guilty to any offense, an element	253
of which is the illegal sale, offer to sell, cultivation,	254
manufacture, other production, shipment, transportation, delivery,	255
or other distribution of a controlled substance.	256

(18)(a) Refuse to permit, at the expense of a person with a	257
disability, reasonable modifications of existing housing	258
accommodations that are occupied or to be occupied by the person	259
with a disability, if the modifications may be necessary to afford	260
the person with a disability full enjoyment of the housing	261
accommodations. This division does not preclude a landlord of	262
housing accommodations that are rented or to be rented to a	263
disabled tenant from conditioning permission for a proposed	264
modification upon the disabled tenant's doing one or more of the	265
following:	266

(i) Providing a reasonable description of the proposed	267
modification and reasonable assurances that the proposed	268
modification will be made in a workerlike manner and that any	269
required building permits will be obtained prior to the	270
commencement of the proposed modification;	271

(ii) Agreeing to restore at the end of the tenancy the	272
interior of the housing accommodations to the condition they were	273
in prior to the proposed modification, but subject to reasonable	274
wear and tear during the period of occupancy, if it is reasonable	275
for the landlord to condition permission for the proposed	276
modification upon the agreement;	277

(iii) Paying into an interest-bearing escrow account that is	278
in the landlord's name, over a reasonable period of time, a	279
reasonable amount of money not to exceed the projected costs at	280
the end of the tenancy of the restoration of the interior of the	281
housing accommodations to the condition they were in prior to the	282
proposed modification, but subject to reasonable wear and tear	283
during the period of occupancy, if the landlord finds the account	284
reasonably necessary to ensure the availability of funds for the	285
restoration work. The interest earned in connection with an escrow	286
account described in this division shall accrue to the benefit of	287
the disabled tenant who makes payments into the account.	288

(b) A landlord shall not condition permission for a proposed	289
modification upon a disabled tenant's payment of a security	290
deposit that exceeds the customarily required security deposit of	291
all tenants of the particular housing accommodations.	292

(19) Refuse to make reasonable accommodations in rules,	293
policies, practices, or services when necessary to afford a person	294
with a disability equal opportunity to use and enjoy a dwelling	295
unit, including associated public and common use areas;	296

(20) Fail to comply with the standards and rules adopted	297
under division (A) of section 3781.111 of the Revised Code;	298

(21) Discriminate against any person in the selling,	299
brokering, or appraising of real property because of race, color,	300
religion, sex, military status, familial status, ancestry,	301
disability, or national origin;	302

(22) Fail to design and construct covered multifamily	303
dwellings for first occupancy on or after June 30, 1992, in	304
accordance with the following conditions:	305

(a) The dwellings shall have at least one building entrance	306
on an accessible route, unless it is impractical to do so because	307
of the terrain or unusual characteristics of the site.	308

(b) With respect to dwellings that have a building entrance	309
on an accessible route, all of the following apply:	310

(i) The public use areas and common use areas of the	311
dwellings shall be readily accessible to and usable by persons	312
with a disability.	313

(ii) All the doors designed to allow passage into and within	314
all premises shall be sufficiently wide to allow passage by	315
persons with a disability who are in wheelchairs.	316

(iii) All premises within covered multifamily dwelling units	317
shall contain an accessible route into and through the dwelling;	318
all light switches, electrical outlets, thermostats, and other	319
environmental controls within such units shall be in accessible	320
locations; the bathroom walls within such units shall contain	321
reinforcements to allow later installation of grab bars; and the	322
kitchens and bathrooms within such units shall be designed and	323
constructed in a manner that enables an individual in a wheelchair	324
to maneuver about such rooms.	325

For purposes of division (H)(22) of this section, "covered	326
multifamily dwellings" means buildings consisting of four or more	327
units if such buildings have one or more elevators and ground	328
floor units in other buildings consisting of four or more units.	329

(I) For any person to discriminate in any manner against any	330
other person because that person has opposed any unlawful	331
discriminatory practice defined in this section or because that	332
person has made a charge, testified, assisted, or participated in	333
any manner in any investigation, proceeding, or hearing under	334
sections 4112.01 to 4112.07 of the Revised Code.	335

(J) For any person to aid, abet, incite, compel, or coerce	336
the doing of any act declared by this section to be an unlawful	337
discriminatory practice, to obstruct or prevent any person from	338
complying with this chapter or any order issued under it, or to	339
attempt directly or indirectly to commit any act declared by this	340
section to be an unlawful discriminatory practice.	341

(K) For an employer to use a person's credit rating or score	342
or consumer credit history as a factor in making decisions	343
regarding that person's employment, including hiring, tenure,	344
terms, conditions, or privileges of employment, or any matter	345
directly or indirectly related to employment.	346

(L)(1) Nothing in division (H) of this section shall bar any	347
religious or denominational institution or organization, or any	348
nonprofit charitable or educational organization that is operated,	349
supervised, or controlled by or in connection with a religious	350
organization, from limiting the sale, rental, or occupancy of	351
housing accommodations that it owns or operates for other than a	352
commercial purpose to persons of the same religion, or from giving	353
preference in the sale, rental, or occupancy of such housing	354
accommodations to persons of the same religion, unless membership	355
in the religion is restricted on account of race, color, or	356
national origin.	357

(2) Nothing in division (H) of this section shall bar any	358
bona fide private or fraternal organization that, incidental to	359
its primary purpose, owns or operates lodgings for other than a	360
commercial purpose, from limiting the rental or occupancy of the	361
lodgings to its members or from giving preference to its members.	362

(3) Nothing in division (H) of this section limits the	363
applicability of any reasonable local, state, or federal	364
restrictions regarding the maximum number of occupants permitted	365
to occupy housing accommodations. Nothing in that division	366
prohibits the owners or managers of housing accommodations from	367
implementing reasonable occupancy standards based on the number	368
and size of sleeping areas or bedrooms and the overall size of a	369
dwelling unit, provided that the standards are not implemented to	370
circumvent the purposes of this chapter and are formulated,	371
implemented, and interpreted in a manner consistent with this	372
chapter and any applicable local, state, or federal restrictions	373
regarding the maximum number of occupants permitted to occupy	374
housing accommodations.	375

(4) Nothing in division (H) of this section requires that	376
housing accommodations be made available to an individual whose	377
tenancy would constitute a direct threat to the health or safety	378
of other individuals or whose tenancy would result in substantial	379
physical damage to the property of others.	380

(5) Nothing in division (H) of this section pertaining to	381
discrimination on the basis of familial status shall be construed	382
to apply to any of the following:	383

(a) Housing accommodations provided under any state or	384
federal program that have been determined under the "Fair Housing	385
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	386
amended, to be specifically designed and operated to assist	387
elderly persons;	388

(b) Housing accommodations intended for and solely occupied	389
by persons who are sixty-two years of age or older;	390

(c) Housing accommodations intended and operated for	391
occupancy by at least one person who is fifty-five years of age or	392
older per unit, as determined under the "Fair Housing Amendments	393
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	394

(L)(M) Nothing in divisions (A) to (E) of this section shall	395
be construed to require a person with a disability to be employed	396
or trained under circumstances that would significantly increase	397
the occupational hazards affecting either the person with a	398
disability, other employees, the general public, or the facilities	399
in which the work is to be performed, or to require the employment	400
or training of a person with a disability in a job that requires	401
the person with a disability routinely to undertake any task, the	402
performance of which is substantially and inherently impaired by	403
the person's disability.	404

(M)(N) Nothing in divisions (H)(1) to (18) of this section	405
shall be construed to require any person selling or renting	406
property to modify the property in any way or to exercise a	407
higher degree of care for a person with a disability, to relieve	408
any person with a disability of any obligation generally imposed	409
on all persons regardless of disability in a written lease,	410
rental agreement, or contract of purchase or sale, or to forbid	411
distinctions based on the inability to fulfill the terms and	412
conditions, including financial obligations, of the lease,	413
agreement, or contract.	414

(N)(O) An aggrieved individual may enforce the individual's	415
rights relative to discrimination on the basis of age as provided	416
for in this section by instituting a civil action, within one	417
hundred eighty days after the alleged unlawful discriminatory	418
practice occurred, in any court with jurisdiction for any legal or	419
equitable relief that will effectuate the individual's rights.	420

A person who files a civil action under this division is	421
barred, with respect to the practices complained of, from	422
instituting a civil action under section 4112.14 of the Revised	423
Code and from filing a charge with the commission under section	424
4112.05 of the Revised Code.	425

(O)(P) With regard to age, it shall not be an unlawful	426
discriminatory practice and it shall not constitute a violation of	427
division (A) of section 4112.14 of the Revised Code for any	428
employer, employment agency, joint labor-management committee	429
controlling apprenticeship training programs, or labor	430
organization to do any of the following:	431

(1) Establish bona fide employment qualifications reasonably	432
related to the particular business or occupation that may include	433
standards for skill, aptitude, physical capability, intelligence,	434
education, maturation, and experience;	435

(2) Observe the terms of a bona fide seniority system or any	436
bona fide employee benefit plan, including, but not limited to, a	437
retirement, pension, or insurance plan, that is not a subterfuge	438
to evade the purposes of this section. However, no such employee	439
benefit plan shall excuse the failure to hire any individual, and	440
no such seniority system or employee benefit plan shall require or	441
permit the involuntary retirement of any individual, because of	442
the individual's age except as provided for in the "Age	443
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	444
29 U.S.C.A. 623, as amended by the "Age Discrimination in	445
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	446
623, as amended.	447

(3) Retire an employee who has attained sixty-five years of	448
age who, for the two-year period immediately before retirement, is	449
employed in a bona fide executive or a high policymaking position,	450
if the employee is entitled to an immediate nonforfeitable annual	451
retirement benefit from a pension, profit-sharing, savings, or	452
deferred compensation plan, or any combination of those plans, of	453
the employer of the employee, which equals, in the aggregate, at	454
least forty-four thousand dollars, in accordance with the	455
conditions of the "Age Discrimination in Employment Act Amendment	456
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	457
Discrimination in Employment Act Amendments of 1986," 100 Stat.	458
3342, 29 U.S.C.A. 631, as amended;	459

(4) Observe the terms of any bona fide apprenticeship program	460
if the program is registered with the Ohio apprenticeship council	461
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	462
approved by the federal committee on apprenticeship of the United	463
States department of labor.	464

(P)(Q) Nothing in this chapter prohibiting age discrimination	465
and nothing in division (A) of section 4112.14 of the Revised Code	466
shall be construed to prohibit the following:	467

(1) The designation of uniform age the attainment of which is	468
necessary for public employees to receive pension or other	469
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	470
or 5505. of the Revised Code;	471

(2) The mandatory retirement of uniformed patrol officers of	472
the state highway patrol as provided in section 5505.16 of the	473
Revised Code;	474

(3) The maximum age requirements for appointment as a patrol	475
officer in the state highway patrol established by section 5503.01	476
of the Revised Code;	477

(4) The maximum age requirements established for original	478
appointment to a police department or fire department in sections	479
124.41 and 124.42 of the Revised Code;	480

(5) Any maximum age not in conflict with federal law that may	481
be established by a municipal charter, municipal ordinance, or	482
resolution of a board of township trustees for original	483
appointment as a police officer or firefighter;	484

(6) Any mandatory retirement provision not in conflict with	485
federal law of a municipal charter, municipal ordinance, or	486
resolution of a board of township trustees pertaining to police	487
officers and firefighters;	488

(7) Until January 1, 1994, the mandatory retirement of any	489
employee who has attained seventy years of age and who is serving	490
under a contract of unlimited tenure, or similar arrangement	491
providing for unlimited tenure, at an institution of higher	492
education as defined in the "Education Amendments of 1980," 94	493
Stat. 1503, 20 U.S.C.A. 1141(a).	494

(Q)(R)(1)(a) Except as provided in division (Q)(R)(1)(b) of	495
this section, for purposes of divisions (A) to (E) of this	496
section, a disability does not include any physiological disorder	497
or condition, mental or psychological disorder, or disease or	498
condition caused by an illegal use of any controlled substance by	499
an employee, applicant, or other person, if an employer,	500
employment agency, personnel placement service, labor	501
organization, or joint labor-management committee acts on the	502
basis of that illegal use.	503

(b) Division (Q)(R)(1)(a) of this section does not apply to	504
an employee, applicant, or other person who satisfies any of the	505
following:	506

(i) The employee, applicant, or other person has successfully	507
completed a supervised drug rehabilitation program and no longer	508
is engaging in the illegal use of any controlled substance, or the	509
employee, applicant, or other person otherwise successfully has	510
been rehabilitated and no longer is engaging in that illegal use.	511

(ii) The employee, applicant, or other person is	512
participating in a supervised drug rehabilitation program and no	513
longer is engaging in the illegal use of any controlled substance.	514

(iii) The employee, applicant, or other person is erroneously	515
regarded as engaging in the illegal use of any controlled	516
substance, but the employee, applicant, or other person is not	517
engaging in that illegal use.	518

(2) Divisions (A) to (E) of this section do not prohibit an	519
employer, employment agency, personnel placement service, labor	520
organization, or joint labor-management committee from doing any	521
of the following:	522

(a) Adopting or administering reasonable policies or	523
procedures, including, but not limited to, testing for the illegal	524
use of any controlled substance, that are designed to ensure that	525
an individual described in division (Q)(R)(1)(b)(i) or (ii) of	526
this section no longer is engaging in the illegal use of any	527
controlled substance;	528

(b) Prohibiting the illegal use of controlled substances and	529
the use of alcohol at the workplace by all employees;	530

(c) Requiring that employees not be under the influence of	531
alcohol or not be engaged in the illegal use of any controlled	532
substance at the workplace;	533

(d) Requiring that employees behave in conformance with the	534
requirements established under "The Drug-Free Workplace Act of	535
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	536

(e) Holding an employee who engages in the illegal use of any	537
controlled substance or who is an alcoholic to the same	538
qualification standards for employment or job performance, and the	539
same behavior, to which the employer, employment agency, personnel	540
placement service, labor organization, or joint labor-management	541
committee holds other employees, even if any unsatisfactory	542
performance or behavior is related to an employee's illegal use of	543
a controlled substance or alcoholism;	544

(f) Exercising other authority recognized in the "Americans	545
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	546
as amended, including, but not limited to, requiring employees to	547
comply with any applicable federal standards.	548

(3) For purposes of this chapter, a test to determine the	549
illegal use of any controlled substance does not include a medical	550
examination.	551

(4) Division (Q)(R) of this section does not encourage,	552
prohibit, or authorize, and shall not be construed as encouraging,	553
prohibiting, or authorizing, the conduct of testing for the	554
illegal use of any controlled substance by employees, applicants,	555
or other persons, or the making of employment decisions based on	556
the results of that type of testing.	557

Sec. 4112.05.  (A) The commission, as provided in this	558
section, shall prevent any person from engaging in unlawful	559
discriminatory practices, provided that, before instituting the	560
formal hearing authorized by division (B) of this section, it	561
shall attempt, by informal methods of conference, conciliation,	562
and persuasion, to induce compliance with this chapter.	563

(B)(1) Any person may file a charge with the commission	564
alleging that another person has engaged or is engaging in an	565
unlawful discriminatory practice. In the case of a charge alleging	566
an unlawful discriminatory practice described in division (A),	567
(B), (C), (D), (E), (F), (G), (I), or (J), or (K) of section	568
4112.02 or in section 4112.021 or 4112.022 of the Revised Code,	569
the charge shall be in writing and under oath and shall be filed	570
with the commission within six months after the alleged unlawful	571
discriminatory practice was committed. In the case of a charge	572
alleging an unlawful discriminatory practice described in division	573
(H) of section 4112.02 of the Revised Code, the charge shall be in	574
writing and under oath and shall be filed with the commission	575
within one year after the alleged unlawful discriminatory practice	576
was committed.	577

(2) Upon receiving a charge, the commission may initiate a	578
preliminary investigation to determine whether it is probable that	579
an unlawful discriminatory practice has been or is being engaged	580
in. The commission also may conduct, upon its own initiative and	581
independent of the filing of any charges, a preliminary	582
investigation relating to any of the unlawful discriminatory	583
practices described in division (A), (B), (C), (D), (E), (F), (I),	584
or (J), or (K) of section 4112.02 or in section 4112.021 or	585
4112.022 of the Revised Code. Prior to a notification of a	586
complainant under division (B)(4) of this section or prior to the	587
commencement of informal methods of conference, conciliation, and	588
persuasion under that division, the members of the commission and	589
the officers and employees of the commission shall not make	590
public in any manner and shall retain as confidential all	591
information that was obtained as a result of or that otherwise	592
pertains to a preliminary investigation other than one described	593
in division (B)(3) of this section.	594

(3)(a) Unless it is impracticable to do so and subject to its	595
authority under division (B)(3)(d) of this section, the commission	596
shall complete a preliminary investigation of a charge filed	597
pursuant to division (B)(1) of this section that alleges an	598
unlawful discriminatory practice described in division (H) of	599
section 4112.02 of the Revised Code, and shall take one of the	600
following actions, within one hundred days after the filing of the	601
charge:	602

(i) Notify the complainant and the respondent that it is not	603
probable that an unlawful discriminatory practice described in	604
division (H) of section 4112.02 of the Revised Code has been or is	605
being engaged in and that the commission will not issue a	606
complaint in the matter;	607

(ii) Initiate a complaint and schedule it for informal	608
methods of conference, conciliation, and persuasion;	609

(iii) Initiate a complaint and refer it to the attorney	610
general with a recommendation to seek a temporary or permanent	611
injunction or a temporary restraining order. If this action is	612
taken, the attorney general shall apply, as expeditiously as	613
possible after receipt of the complaint, to the court of common	614
pleas of the county in which the unlawful discriminatory practice	615
allegedly occurred for the appropriate injunction or order, and	616
the court shall hear and determine the application as	617
expeditiously as possible.	618

(b) If it is not practicable to comply with the requirements	619
of division (B)(3)(a) of this section within the one-hundred-day	620
period described in that division, the commission shall notify the	621
complainant and the respondent in writing of the reasons for the	622
noncompliance.	623

(c) Prior to the issuance of a complaint under division	624
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	625
of the complainant and the respondent under division (B)(3)(a)(i)	626
of this section, the members of the commission and the officers	627
and employees of the commission shall not make public in any	628
manner and shall retain as confidential all information that was	629
obtained as a result of or that otherwise pertains to a	630
preliminary investigation of a charge filed pursuant to division	631
(B)(1) of this section that alleges an unlawful discriminatory	632
practice described in division (H) of section 4112.05 of the	633
Revised Code.	634

(d) Notwithstanding the types of action described in	635
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	636
issuance of a complaint or the referral of a complaint to the	637
attorney general and prior to endeavoring to eliminate an unlawful	638
discriminatory practice described in division (H) of section	639
4112.02 of the Revised Code by informal methods of conference,	640
conciliation, and persuasion, the commission may seek a temporary	641
or permanent injunction or a temporary restraining order in the	642
court of common pleas of the county in which the unlawful	643
discriminatory practice allegedly occurred.	644

(4) If the commission determines after a preliminary	645
investigation other than one described in division (B)(3) of this	646
section that it is not probable that an unlawful discriminatory	647
practice has been or is being engaged in, it shall notify any	648
complainant under division (B)(1) of this section that it has so	649
determined and that it will not issue a complaint in the matter.	650
If the commission determines after a preliminary investigation	651
other than the one described in division (B)(3) of this section	652
that it is probable that an unlawful discriminatory practice has	653
been or is being engaged in, it shall endeavor to eliminate the	654
practice by informal methods of conference, conciliation, and	655
persuasion.	656

(5) Nothing said or done during informal methods of	657
conference, conciliation, and persuasion under this section shall	658
be disclosed by any member of the commission or its staff or be	659
used as evidence in any subsequent hearing or other proceeding.	660
If, after a preliminary investigation and the use of informal	661
methods of conference, conciliation, and persuasion under this	662
section, the commission is satisfied that any unlawful	663
discriminatory practice will be eliminated, it may treat the	664
charge involved as being conciliated and enter that disposition on	665
the records of the commission. If the commission fails to effect	666
the elimination of an unlawful discriminatory practice by informal	667
methods of conference, conciliation, and persuasion under this	668
section and to obtain voluntary compliance with this chapter, the	669
commission shall issue and cause to be served upon any person,	670
including the respondent against whom a complainant has filed a	671
charge pursuant to division (B)(1) of this section, a complaint	672
stating the charges involved and containing a notice of an	673
opportunity for a hearing before the commission, a member of the	674
commission, or a hearing examiner at a place that is stated in the	675
notice and that is located within the county in which the alleged	676
unlawful discriminatory practice has occurred or is occurring or	677
in which the respondent resides or transacts business. The hearing	678
shall be held not less than thirty days after the service of the	679
complaint upon the complainant, the aggrieved persons other than	680
the complainant on whose behalf the complaint is issued, and the	681
respondent, unless the complainant, an aggrieved person, or the	682
respondent elects to proceed under division (A)(2) of section	683
4112.051 of the Revised Code when that division is applicable. If	684
a complaint pertains to an alleged unlawful discriminatory	685
practice described in division (H) of section 4112.02 of the	686
Revised Code, the complaint shall notify the complainant, an	687
aggrieved person, and the respondent of the right of the	688
complainant, an aggrieved person, or the respondent to elect to	689
proceed with the administrative hearing process under this section	690
or to proceed under division (A)(2) of section 4112.051 of the	691
Revised Code.	692

(6) The attorney general shall represent the commission at	693
any hearing held pursuant to division (B)(5) of this section and	694
shall present the evidence in support of the complaint.	695

(7) Any complaint issued pursuant to division (B)(5) of this	696
section after the filing of a charge under division (B)(1) of this	697
section shall be so issued within one year after the complainant	698
filed the charge with respect to an alleged unlawful	699
discriminatory practice.	700

(C) Any complaint issued pursuant to division (B) of this	701
section may be amended by the commission, a member of the	702
commission, or the hearing examiner conducting a hearing under	703
division (B) of this section, at any time prior to or during the	704
hearing. The respondent has the right to file an answer or an	705
amended answer to the original and amended complaints and to	706
appear at the hearing in person, by attorney, or otherwise to	707
examine and cross-examine witnesses.	708

(D) The complainant shall be a party to a hearing under	709
division (B) of this section, and any person who is an	710
indispensable party to a complete determination or settlement of a	711
question involved in the hearing shall be joined. Any person who	712
has or claims an interest in the subject of the hearing and in	713
obtaining or preventing relief against the unlawful discriminatory	714
practices complained of may be permitted, in the discretion of the	715
person or persons conducting the hearing, to appear for the	716
presentation of oral or written arguments.	717

(E) In any hearing under division (B) of this section, the	718
commission, a member of the commission, or the hearing examiner	719
shall not be bound by the Rules of Evidence but, in ascertaining	720
the practices followed by the respondent, shall take into account	721
all reliable, probative, and substantial statistical or other	722
evidence produced at the hearing that may tend to prove the	723
existence of a predetermined pattern of employment or membership,	724
provided that nothing contained in this section shall be construed	725
to authorize or require any person to observe the proportion that	726
persons of any race, color, religion, sex, military status,	727
familial status, national origin, disability, age, or ancestry	728
bear to the total population or in accordance with any criterion	729
other than the individual qualifications of the applicant.	730

(F) The testimony taken at a hearing under division (B) of	731
this section shall be under oath and shall be reduced to writing	732
and filed with the commission. Thereafter, in its discretion, the	733
commission, upon the service of a notice upon the complainant and	734
the respondent that indicates an opportunity to be present, may	735
take further testimony or hear argument.	736

(G)(1) If, upon all reliable, probative, and substantial	737
evidence presented at a hearing under division (B) of this	738
section, the commission determines that the respondent has engaged	739
in, or is engaging in, any unlawful discriminatory practice,	740
whether against the complainant or others, the commission shall	741
state its findings of fact and conclusions of law and shall issue	742
and, subject to the provisions of Chapter 119. of the Revised	743
Code, cause to be served on the respondent an order requiring the	744
respondent to cease and desist from the unlawful discriminatory	745
practice, requiring the respondent to take any further affirmative	746
or other action that will effectuate the purposes of this chapter,	747
including, but not limited to, hiring, reinstatement, or upgrading	748
of employees with or without back pay, or admission or restoration	749
to union membership, and requiring the respondent to report to the	750
commission the manner of compliance. If the commission directs	751
payment of back pay, it shall make allowance for interim earnings.	752
If it finds a violation of division (H) of section 4112.02 of the	753
Revised Code, the commission additionally shall require the	754
respondent to pay actual damages and reasonable attorney's fees,	755
and may award to the complainant punitive damages as follows:	756

(a) If division (G)(1)(b) or (c) of this section does not	757
apply, punitive damages in an amount not to exceed ten thousand	758
dollars;	759

(b) If division (G)(1)(c) of this section does not apply and	760
if the respondent has been determined by a final order of the	761
commission or by a final judgment of a court to have committed one	762
violation of division (H) of section 4112.02 of the Revised Code	763
during the five-year period immediately preceding the date on	764
which a complaint was issued pursuant to division (B) of this	765
section, punitive damages in an amount not to exceed twenty-five	766
thousand dollars;	767

(c) If the respondent has been determined by a final order of	768
the commission or by a final judgment of a court to have committed	769
two or more violations of division (H) of section 4112.02 of the	770
Revised Code during the seven-year period immediately preceding	771
the date on which a complaint was issued pursuant to division (B)	772
of this section, punitive damages in an amount not to exceed fifty	773
thousand dollars.	774

(2) Upon the submission of reports of compliance, the	775
commission may issue a declaratory order stating that the	776
respondent has ceased to engage in particular unlawful	777
discriminatory practices.	778

(H) If the commission finds that no probable cause exists for	779
crediting charges of unlawful discriminatory practices or if, upon	780
all the evidence presented at a hearing under division (B) of this	781
section on a charge, the commission finds that a respondent has	782
not engaged in any unlawful discriminatory practice against the	783
complainant or others, it shall state its findings of fact and	784
shall issue and cause to be served on the complainant an order	785
dismissing the complaint as to the respondent. A copy of the order	786
shall be delivered in all cases to the attorney general and any	787
other public officers whom the commission considers proper.	788

(I) Until the time period for appeal set forth in division	789
(H) of section 4112.06 of the Revised Code expires, the	790
commission, subject to the provisions of Chapter 119. of the	791
Revised Code, at any time, upon reasonable notice, and in the	792
manner it considers proper, may modify or set aside, in whole or	793
in part, any finding or order made by it under this section.	794

Sec. 4112.08.  This chapter shall be construed liberally for	795
the accomplishment of its purposes, and any law inconsistent with	796
any provision of this chapter shall not apply. Nothing contained	797
in this chapter shall be considered to repeal any of the	798
provisions of any law of this state relating to discrimination	799
because of race, color, religion, sex, military status, familial	800
status, disability, national origin, age, or ancestry, except that	801
any person filing a charge under division (B)(1) of section	802
4112.05 of the Revised Code, with respect to the unlawful	803
discriminatory practices complained of, is barred from instituting	804
a civil action under section 4112.14 or division (N)(O) of section	805
4112.02 of the Revised Code.	806

Sec. 4112.14.  (A) No employer shall discriminate in any job	807
opening against any applicant or discharge without just cause any	808
employee aged forty or older who is physically able to perform the	809
duties and otherwise meets the established requirements of the job	810
and laws pertaining to the relationship between employer and	811
employee.	812

(B) Any person aged forty or older who is discriminated	813
against in any job opening or discharged without just cause by an	814
employer in violation of division (A) of this section may	815
institute a civil action against the employer in a court of	816
competent jurisdiction. If the court finds that an employer has	817
discriminated on the basis of age, the court shall order an	818
appropriate remedy which shall include reimbursement to the	819
applicant or employee for the costs, including reasonable	820
attorney's fees, of the action, or to reinstate the employee in	821
the employee's former position with compensation for lost wages	822
and any lost fringe benefits from the date of the illegal	823
discharge and to reimburse the employee for the costs, including	824
reasonable attorney's fees, of the action. The remedies available	825
under this section are coexistent with remedies available pursuant	826
to sections 4112.01 to 4112.11 of the Revised Code; except that	827
any person instituting a civil action under this section is, with	828
respect to the practices complained of, thereby barred from	829
instituting a civil action under division (N)(O) of section	830
4112.02 of the Revised Code or from filing a charge with the Ohio	831
civil rights commission under section 4112.05 of the Revised Code.	832

(C) The cause of action described in division (B) of this	833
section and any remedies available pursuant to sections 4112.01 to	834
4112.11 of the Revised Code shall not be available in the case of	835
discharges where the employee has available to the employee the	836
opportunity to arbitrate the discharge or where a discharge has	837
been arbitrated and has been found to be for just cause.	838

Section 2. That existing sections 4112.02, 4112.05, 4112.08,	839
and 4112.14 of the Revised Code are hereby repealed.	840