As Reported by the House Economic Development, Commerce, and Labor Committee
132nd General Assembly
Regular Session Sub. H. B. No. 2
2017-2018
Representative Seitz
A BILL
To amend sections 2315.18, 2315.21, 4112.01, 4112.02, 4112.04, 4112.05, 4112.08, 4112.14, and 4112.99; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4112.051 (4112.055) and 4112.052 (4112.056); and to enact new sections 4112.051 and 4112.052 and section 4112.054 of the Revised Code to modify Ohio civil rights laws related to employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2315.18, 2315.21, 4112.01, 4112.02, 4112.04, 4112.05, 4112.08, 4112.14, and 4112.99 be amended; sections 4112.051 (4112.055) and 4112.052 (4112.056) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 4112.051 and 4112.052 and section 4112.054 of the Revised Code be enacted to read as follows:
Sec. 2315.18. (A) As used in this section and in section 2315.19 of the Revised Code:
(1) "Asbestos claim" has the same meaning as in section 2307.91 of the Revised Code.
(2) "Economic loss" means any of the following types of pecuniary harm:
(a) All wages, salaries, or other compensation lost as a result of an injury or loss to person or property that is a subject of a tort action;
(b) All expenditures for medical care or treatment, rehabilitation services, or other care, treatment, services, products, or accommodations as a result of an injury or loss to person or property that is a subject of a tort action;
(c) Any other expenditures incurred as a result of an injury or loss to person or property that is a subject of a tort action, other than attorney's fees incurred in connection with that action.
(3) "Medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code.
(4) "Noneconomic loss" means nonpecuniary harm that results from an injury or loss to person or property that is a subject of a tort action, including, but not limited to, pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish, and any other intangible loss.
(5) "Occurrence" means all claims resulting from or arising out of any one person's bodily injury.
(6) "Product liability claim" has the same meaning as in section 2307.71 of the Revised Code.
(7) "Tort action" means a civil action for damages for injury or loss to person or property. "Tort action" includes a civil action upon a product liability claim or an asbestos claim, a civil action based on an unlawful discriminatory practice relating to employment brought under section 4112.052 of the Revised Code, and a civil action brought under section 4112.14 of the Revised Code. "Tort action" does not include a civil action upon a medical claim, dental claim, optometric claim, or chiropractic claim or a civil action for damages for a breach of contract or another agreement between persons.
(8) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) In a tort action to recover damages for injury or loss to person or property, all of the following apply:
(1) There shall not be any limitation on the amount of compensatory damages that represents the economic loss of the person who is awarded the damages in the tort action.
(2) Except as otherwise provided in division (B)(3) of this section, the amount of compensatory damages that represents damages for noneconomic loss that is recoverable in a tort action under this section to recover damages for injury or loss to person or property shall not exceed the greater of two hundred fifty thousand dollars or an amount that is equal to three times the economic loss, as determined by the trier of fact, of the plaintiff in that tort action to a maximum of three hundred fifty thousand dollars for each plaintiff in that tort action or a maximum of five hundred thousand dollars for each occurrence that is the basis of that tort action.
(3) There shall not be any limitation on the amount of compensatory damages that represents damages for noneconomic loss that is recoverable in a tort action to recover damages for injury or loss to person or property if the noneconomic losses of the plaintiff are for either of the following:
(a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system;
(b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.
(C) In determining an award of compensatory damages for noneconomic loss in a tort action, the trier of fact shall not consider any of the following:
(1) Evidence of a defendant's alleged wrongdoing, misconduct, or guilt;
(2) Evidence of the defendant's wealth or financial resources;
(3) All other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose.
(D) If a trial is conducted in a tort action to recover damages for injury or loss to person or property and a plaintiff prevails in that action, the court in a nonjury trial shall make findings of fact, and the jury in a jury trial shall return a general verdict accompanied by answers to interrogatories, that shall specify all of the following:
(1) The total compensatory damages recoverable by the plaintiff;
(2) The portion of the total compensatory damages that represents damages for economic loss;
(3) The portion of the total compensatory damages that represents damages for noneconomic loss.
(E)(1) After the trier of fact in a tort action to recover damages for injury or loss to person or property complies with division (D) of this section, the court shall enter a judgment in favor of the plaintiff for compensatory damages for economic loss in the amount determined pursuant to division (D)(2) of this section, and, subject to division (F)(1) of this section, the court shall enter a judgment in favor of the plaintiff for compensatory damages for noneconomic loss. Except as provided in division (B)(3) of this section, in no event shall a judgment for compensatory damages for noneconomic loss exceed the maximum recoverable amount that represents damages for noneconomic loss as provided in division (B)(2) of this section. Division (B) of this section shall be applied in a jury trial only after the jury has made its factual findings and determination as to the damages.
(2) Prior to the trial in the tort action described in division (D) of this section, any party may seek summary judgment with respect to the nature of the alleged injury or loss to person or property, seeking a determination of the damages as described in division (B)(2) of this section.
(F)(1) A court of common pleas has no jurisdiction to enter judgment on an award of compensatory damages for noneconomic loss in excess of the limits set forth in this section.
(2) If the trier of fact is a jury, the court shall not instruct the jury with respect to the limit on compensatory damages for noneconomic loss described in division (B)(2) of this section, and neither counsel for any party nor a witness shall inform the jury or potential jurors of that limit.
(G) With respect to a tort action to which division (B)(2) of this section applies, any excess amount of compensatory damages for noneconomic loss that is greater than the applicable amount specified in division (B)(2) of this section shall not be reallocated to any other tortfeasor beyond the amount of compensatory damages that the tortfeasor would otherwise be responsible for under the laws of this state.
(H) This section does not apply to any of the following:
(1) Tort actions that are brought against the state in the court of claims, including, but not limited to, those actions in which a state university or college is a defendant and to which division (B)(3) of section 3345.40 of the Revised Code applies;
(2) Tort actions that are brought against political subdivisions of this state and that are commenced under or are subject to Chapter 2744. of the Revised Code. Division (C) of section 2744.05 of the Revised Code applies to recoverable damages in those actions.
(3) Wrongful death actions brought pursuant to Chapter 2125. of the Revised Code.
(I) If the provisions regarding the limits on compensatory damages for noneconomic loss set forth in division (B)(2) of this section have been determined to be unconstitutional, then division (C) of this section and section 2315.19 of the Revised Code shall govern the determination of an award of compensatory damages for noneconomic loss in a tort action.
Sec. 2315.21. (A) As used in this section:
(1) "Tort action" means a civil action for damages for injury or loss to person or property.
(a)
"Tort
action" includes a
all
of the following:
(i)
A product
liability claim for damages for injury or loss
to person or property that is subject to sections 2307.71 to
2307.80 of the Revised Code,
but ;
(ii) A civil action based on an unlawful discriminatory practice relating to employment brought under section 4112.052 of the Revised Code;
(iii) A civil action brought under section 4112.14 of the Revised Code.
(b) "Tort action" does not include a civil action for damages for a breach of contract or another agreement between persons.
(2) "Trier of fact" means the jury or, in a nonjury action, the court.
(3) "Home" has the same meaning as in section 3721.10 of the Revised Code.
(4) "Employer" includes, but is not limited to, a parent, subsidiary, affiliate, division, or department of the employer. If the employer is an individual, the individual shall be considered an employer under this section only if the subject of the tort action is related to the individual's capacity as an employer.
(5) "Small employer" means an employer who employs not more than one hundred persons on a full-time permanent basis, or, if the employer is classified as being in the manufacturing sector by the North American industrial classification system, "small employer" means an employer who employs not more than five hundred persons on a full-time permanent basis.
(B)(1) In a tort action that is tried to a jury and in which a plaintiff makes a claim for compensatory damages and a claim for punitive or exemplary damages, upon the motion of any party, the trial of the tort action shall be bifurcated as follows:
(a) The initial stage of the trial shall relate only to the presentation of evidence, and a determination by the jury, with respect to whether the plaintiff is entitled to recover compensatory damages for the injury or loss to person or property from the defendant. During this stage, no party to the tort action shall present, and the court shall not permit a party to present, evidence that relates solely to the issue of whether the plaintiff is entitled to recover punitive or exemplary damages for the injury or loss to person or property from the defendant.
(b) If the jury determines in the initial stage of the trial that the plaintiff is entitled to recover compensatory damages for the injury or loss to person or property from the defendant, evidence may be presented in the second stage of the trial, and a determination by that jury shall be made, with respect to whether the plaintiff additionally is entitled to recover punitive or exemplary damages for the injury or loss to person or property from the defendant.
(2) In a tort action that is tried to a jury and in which a plaintiff makes a claim for both compensatory damages and punitive or exemplary damages, the court shall instruct the jury to return, and the jury shall return, a general verdict and, if that verdict is in favor of the plaintiff, answers to an interrogatory that specifies the total compensatory damages recoverable by the plaintiff from each defendant.
(3) In a tort action that is tried to a court and in which a plaintiff makes a claim for both compensatory damages and punitive or exemplary damages, the court shall make its determination with respect to whether the plaintiff is entitled to recover compensatory damages for the injury or loss to person or property from the defendant and, if that determination is in favor of the plaintiff, shall make findings of fact that specify the total compensatory damages recoverable by the plaintiff from the defendant.
(C) Subject to division (E) of this section, punitive or exemplary damages are not recoverable from a defendant in question in a tort action unless both of the following apply:
(1) The actions or omissions of that defendant demonstrate malice or aggravated or egregious fraud, or that defendant as principal or master knowingly authorized, participated in, or ratified actions or omissions of an agent or servant that so demonstrate.
(2) The trier of fact has returned a verdict or has made a determination pursuant to division (B)(2) or (3) of this section of the total compensatory damages recoverable by the plaintiff from that defendant.
(D)(1) In a tort action, the trier of fact shall determine the liability of any defendant for punitive or exemplary damages and the amount of those damages.
(2) Except as provided in division (D)(6) of this section, all of the following apply regarding any award of punitive or exemplary damages in a tort action:
(a) The court shall not enter judgment for punitive or exemplary damages in excess of two times the amount of the compensatory damages awarded to the plaintiff from that defendant, as determined pursuant to division (B)(2) or (3) of this section.
(b)
If the defendant is a small employer or individual, the
court shall not enter judgment for punitive or exemplary damages
in excess of the lesser of two times the amount of the compensatory
damages awarded to the plaintiff from the defendant or
ten percent
per cent
of the employer's or individual's net worth
when the tort was committed up to a maximum of three hundred
fifty thousand dollars, as determined pursuant to division
(B)(2) or (3) of this section.
(c)
Any attorneys
attorney's
fees awarded as a result of a claim
for punitive or exemplary damages shall not be considered for
purposes of determining the cap on punitive damages.
(3) No award of prejudgment interest under division (C)(1) of section 1343.03 of the Revised Code shall include any prejudgment interest on punitive or exemplary damages found by the trier of fact.
(4) In a tort action, the burden of proof shall be upon a plaintiff in question, by clear and convincing evidence, to establish that the plaintiff is entitled to recover punitive or exemplary damages.
(5)(a) In any tort action, except as provided in division (D)(5)(b) or (6) of this section, punitive or exemplary damages shall not be awarded against a defendant if that defendant files with the court a certified judgment, judgment entries, or other evidence showing that punitive or exemplary damages have already been awarded and have been collected, in any state or federal court, against that defendant based on the same act or course of conduct that is alleged to have caused the injury or loss to person or property for which the plaintiff seeks compensatory damages and that the aggregate of those previous punitive or exemplary damage awards exceeds the maximum amount of punitive or exemplary damages that may be awarded under division (D)(2) of this section against that defendant in the tort action.
(b) Notwithstanding division (D)(5)(a) of this section and except as provided in division (D)(6) of this section, punitive or exemplary damages may be awarded against a defendant in either of the following types of tort actions:
(i) In subsequent tort actions involving the same act or course of conduct for which punitive or exemplary damages have already been awarded, if the court determines by clear and convincing evidence that the plaintiff will offer new and substantial evidence of previously undiscovered, additional behavior of a type described in division (C) of this section on the part of that defendant, other than the injury or loss for which the plaintiff seeks compensatory damages. In that case, the court shall make specific findings of fact in the record to support its conclusion. The court shall reduce the amount of any punitive or exemplary damages otherwise awardable pursuant to this section by the sum of the punitive or exemplary damages awards previously rendered against that defendant in any state or federal court. The court shall not inform the jury about the court's determination and action under division (D)(5)(b)(i) of this section.
(ii) In subsequent tort actions involving the same act or course of conduct for which punitive or exemplary damages have already been awarded, if the court determines by clear and convincing evidence that the total amount of prior punitive or exemplary damages awards was totally insufficient to punish that defendant's behavior of a type described in division (C) of this section and to deter that defendant and others from similar behavior in the future. In that case, the court shall make specific findings of fact in the record to support its conclusion. The court shall reduce the amount of any punitive or exemplary damages otherwise awardable pursuant to this section by the sum of the punitive or exemplary damages awards previously rendered against that defendant in any state or federal court. The court shall not inform the jury about the court's determination and action under division (D)(5)(b)(ii) of this section.
(6) Division (D)(2) of this section does not apply to a tort action where the alleged injury, death, or loss to person or property resulted from the defendant acting with one or more of the culpable mental states of purposely and knowingly as described in section 2901.22 of the Revised Code and when the defendant has been convicted of or pleaded guilty to a criminal offense that is a felony, that had as an element of the offense one or more of the culpable mental states of purposely and knowingly as described in that section, and that is the basis of the tort action.
(E) This section does not apply to tort actions against the state in the court of claims, including, but not limited to, tort actions against a state university or college that are subject to division (B)(1) of section 3345.40 of the Revised Code, to tort actions against political subdivisions of this state that are commenced under or are subject to Chapter 2744. of the Revised Code, or to the extent that another section of the Revised Code expressly provides any of the following:
(1) Punitive or exemplary damages are recoverable from a defendant in question in a tort action on a basis other than that the actions or omissions of that defendant demonstrate malice or aggravated or egregious fraud or on a basis other than that the defendant in question as principal or master knowingly authorized, participated in, or ratified actions or omissions of an agent or servant that so demonstrate.
(2) Punitive or exemplary damages are recoverable from a defendant in question in a tort action irrespective of whether the plaintiff in question has adduced proof of actual damages.
(3) The burden of proof upon a plaintiff in question to recover punitive or exemplary damages from a defendant in question in a tort action is one other than clear and convincing evidence.
(4) Punitive or exemplary damages are not recoverable from a defendant in question in a tort action.
(F) If the trier of fact is a jury, the court shall not instruct the jury with respect to the limits on punitive or exemplary damages pursuant to division (D) of this section, and neither counsel for any party or a witness shall inform the jury or potential jurors of those limits.
(G) When determining the amount of an award of punitive or exemplary damages against either a home or a residential facility licensed under section 5123.19 of the Revised Code, the trier of fact shall consider all of the following:
(1) The ability of the home or residential facility to pay the award of punitive or exemplary damages based on the home's or residential facility's assets, income, and net worth;
(2) Whether the amount of punitive or exemplary damages is sufficient to deter future tortious conduct;
(3) The financial ability of the home or residential facility, both currently and in the future, to provide accommodations, personal care services, and skilled nursing care.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. "Person" also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, appraiser, agent, employee, lending institution, and the state and all political subdivisions, authorities, agencies, boards, and commissions of the state.
(2)
"Employer" includes
means
the
state, any political subdivision
of the state, any
or
a person
employing four or more persons
within the state, and any
person acting directly or indirectly
in the interest of an employer
agent of the state, political
subdivision, or person.
(3) "Employee" means an individual employed by any employer but does not include any individual employed in the domestic service of any person.
(4) "Labor organization" includes any organization that exists, in whole or in part, for the purpose of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in relation to employment.
(5) "Employment agency" includes any person regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer, or place employees.
(6) "Commission" means the Ohio civil rights commission created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act prohibited by section 4112.02, 4112.021, or 4112.022 of the Revised Code.
(9) "Place of public accommodation" means any inn, restaurant, eating house, barbershop, public conveyance by air, land, or water, theater, store, other place for the sale of merchandise, or any other place of public accommodation or amusement of which the accommodations, advantages, facilities, or privileges are available to the public.
(10) "Housing accommodations" includes any building or structure, or portion of a building or structure, that is used or occupied or is intended, arranged, or designed to be used or occupied as the home residence, dwelling, dwelling unit, or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and any vacant land offered for sale or lease. "Housing accommodations" also includes any housing accommodations held or offered for sale or rent by a real estate broker, salesperson, or agent, by any other person pursuant to authorization of the owner, by the owner, or by the owner's legal representative.
(11) "Restrictive covenant" means any specification limiting the transfer, rental, lease, or other use of any housing accommodations because of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, sex, military status, familial status, national origin, disability, or ancestry as a condition of affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased persons within any public burial ground or cemetery, including, but not limited to, cemeteries owned and operated by municipal corporations, townships, or companies or associations incorporated for cemetery purposes.
(13) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.
(14)
Except as otherwise provided in section 4112.021 of the
Revised Code, "age" means at
least an
individual aged
forty
years
old
or older.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years of age and who are domiciled with a parent or guardian having legal custody of the individual or domiciled, with the written permission of the parent or guardian having legal custody, with a designee of the parent or guardian;
(b) Any person who is pregnant or in the process of securing legal custody of any individual who is under eighteen years of age.
(16)(a) Except as provided in division (A)(16)(b) of this section, "physical or mental impairment" includes any of the following:
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but not limited to, intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, intellectual disability, emotional illness, drug addiction, and alcoholism.
(b) "Physical or mental impairment" does not include any of the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from the current illegal use of a controlled substance or the current use of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for a family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of the building or their guests, and includes, but is not limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.
(19) "Public use areas" means interior or exterior rooms or spaces of a privately or publicly owned building that are made available to the general public.
(20) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective tenant who is a person with a disability.
(22) "Military status" means a person's status in "service in the uniformed services" as defined in section 5923.05 of the Revised Code.
(23) "Aggrieved person" includes both of the following:
(a) Any person who claims to have been injured by any unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code;
(b)
Any person who believes that the person will be injured
by,
any unlawful discriminatory practice described
in division
(H) of section 4112.02 of the Revised Code that is about
to occur.
(24) "Unlawful discriminatory practice relating to employment" means both of the following:
(a) An unlawful discriminatory practice that is prohibited by division (A), (B), (C), (D), (E), or (F) of section 4112.02 of the Revised Code;
(b) An unlawful discriminatory practice that is prohibited by division (I) or (J) of section 4112.02 of the Revised Code that is related to employment.
(25) "Notice of right to sue" means a notice sent by the commission to a person who files a charge under section 4112.051 of the Revised Code that states that the person who filed the charge may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.
(B) For the purposes of divisions (A) to (F) of section 4112.02 of the Revised Code, the terms "because of sex" and "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in division (B) of section 4111.17 of the Revised Code shall be interpreted to permit otherwise. This division shall not be construed to require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion, provided that nothing in this division precludes an employer from providing abortion benefits or otherwise affects bargaining agreements in regard to abortion.
Sec. 4112.02. It shall be an unlawful discriminatory practice:
(A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.
(B) For an employment agency or personnel placement service, because of race, color, religion, sex, military status, national origin, disability, age, or ancestry, to do any of the following:
(1) Refuse or fail to accept, register, classify properly, or refer for employment, or otherwise discriminate against any person;
(2) Comply with a request from an employer for referral of applicants for employment if the request directly or indirectly indicates that the employer fails to comply with the provisions of sections 4112.01 to 4112.07 of the Revised Code.
(C) For any labor organization to do any of the following:
(1) Limit or classify its membership on the basis of race, color, religion, sex, military status, national origin, disability, age, or ancestry;
(2) Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours, or employment conditions of any person as an employee because of race, color, religion, sex, military status, national origin, disability, age, or ancestry.
(D) For any employer, labor organization, or joint labor-management committee controlling apprentice training programs to discriminate against any person because of race, color, religion, sex, military status, national origin, disability, or ancestry in admission to, or employment in, any program established to provide apprentice training.
(E) Except where based on a bona fide occupational qualification certified in advance by the commission, for any employer, employment agency, personnel placement service, or labor organization, prior to employment or admission to membership, to do any of the following:
(1) Elicit or attempt to elicit any information concerning the race, color, religion, sex, military status, national origin, disability, age, or ancestry of an applicant for employment or membership;
(2) Make or keep a record of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any applicant for employment or membership;
(3) Use any form of application for employment, or personnel or membership blank, seeking to elicit information regarding race, color, religion, sex, military status, national origin, disability, age, or ancestry; but an employer holding a contract containing a nondiscrimination clause with the government of the United States, or any department or agency of that government, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain that proof in the employer's personnel records and may use photographic or fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination, based upon race, color, religion, sex, military status, national origin, disability, age, or ancestry;
(5) Announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of that group;
(6) Utilize in the recruitment or hiring of persons any employment agency, personnel placement service, training school or center, labor organization, or any other employee-referring source known to discriminate against persons because of their race, color, religion, sex, military status, national origin, disability, age, or ancestry.
(F) For any person seeking employment to publish or cause to be published any advertisement that specifies or in any manner indicates that person's race, color, religion, sex, military status, national origin, disability, age, or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any prospective employer.
(G) For any proprietor or any employee, keeper, or manager of a place of public accommodation to deny to any person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, military status, national origin, disability, age, or ancestry, the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation.
(H) Subject to section 4112.024 of the Revised Code, for any person to do any of the following:
(1) Refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin;
(2) Represent to any person that housing accommodations are not available for inspection, sale, or rental, when in fact they are available, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin;
(3) Discriminate against any person in the making or purchasing of loans or the provision of other financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, or any person in the making or purchasing of loans or the provision of other financial assistance that is secured by residential real estate, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located, provided that the person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects or incident to the person's principal business and not only as a part of the purchase price of an owner-occupied residence the person is selling nor merely casually or occasionally to a relative or friend;
(4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, or subleasing any housing accommodations or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any housing accommodations, including the sale of fire, extended coverage, or homeowners insurance, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located;
(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located;
(6) Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member of a married couple;
(7) Print, publish, or circulate any statement or advertisement, or make or cause to be made any statement or advertisement, relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any housing accommodations, or relating to the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, that indicates any preference, limitation, specification, or discrimination based upon race, color, religion, sex, military status, familial status, ancestry, disability, or national origin, or an intention to make any such preference, limitation, specification, or discrimination;
(8) Except as otherwise provided in division (H)(8) or (17) of this section, make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations. Any person may make inquiries, and make and keep records, concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin for the purpose of monitoring compliance with this chapter.
(9) Include in any transfer, rental, or lease of housing accommodations any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant;
(10) Induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual, military status, familial status, or ethnic composition of the block, neighborhood, or other area in which the housing accommodations are located, or induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that the presence or anticipated presence of persons of any race, color, religion, sex, military status, familial status, ancestry, disability, or national origin, in the block, neighborhood, or other area will or may have results including, but not limited to, the following:
(a) The lowering of property values;
(b) A change in the racial, religious, sexual, military status, familial status, or ethnic composition of the block, neighborhood, or other area;
(c) An increase in criminal or antisocial behavior in the block, neighborhood, or other area;
(d) A decline in the quality of the schools serving the block, neighborhood, or other area.
(11) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations, or discriminate against any person in the terms or conditions of that access, membership, or participation, on account of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry;
(12) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by division (H) of this section;
(13) Discourage or attempt to discourage the purchase by a prospective purchaser of housing accommodations, by representing that any block, neighborhood, or other area has undergone or might undergo a change with respect to its religious, racial, sexual, military status, familial status, or ethnic composition;
(14) Refuse to sell, transfer, assign, rent, lease, sublease, or finance, or otherwise deny or withhold, a burial lot from any person because of the race, color, sex, military status, familial status, age, ancestry, disability, or national origin of any prospective owner or user of the lot;
(15) Discriminate in the sale or rental of, or otherwise make unavailable or deny, housing accommodations to any buyer or renter because of a disability of any of the following:
(b) A person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available;
(c) Any individual associated with the person described in division (H)(15)(b) of this section.
(16) Discriminate in the terms, conditions, or privileges of the sale or rental of housing accommodations to any person or in the provision of services or facilities to any person in connection with the housing accommodations because of a disability of any of the following:
(b) A person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available;
(c) Any individual associated with the person described in division (H)(16)(b) of this section.
(17) Except as otherwise provided in division (H)(17) of this section, make an inquiry to determine whether an applicant for the sale or rental of housing accommodations, a person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available, or any individual associated with that person has a disability, or make an inquiry to determine the nature or severity of a disability of the applicant or such a person or individual. The following inquiries may be made of all applicants for the sale or rental of housing accommodations, regardless of whether they have disabilities:
(a) An inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is qualified for housing accommodations available only to persons with disabilities or persons with a particular type of disability;
(c) An inquiry to determine whether an applicant is qualified for a priority available to persons with disabilities or persons with a particular type of disability;
(d) An inquiry to determine whether an applicant currently uses a controlled substance in violation of section 2925.11 of the Revised Code or a substantively comparable municipal ordinance;
(e) An inquiry to determine whether an applicant at any time has been convicted of or pleaded guilty to any offense, an element of which is the illegal sale, offer to sell, cultivation, manufacture, other production, shipment, transportation, delivery, or other distribution of a controlled substance.
(18)(a) Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing accommodations that are occupied or to be occupied by the person with a disability, if the modifications may be necessary to afford the person with a disability full enjoyment of the housing accommodations. This division does not preclude a landlord of housing accommodations that are rented or to be rented to a disabled tenant from conditioning permission for a proposed modification upon the disabled tenant's doing one or more of the following:
(i) Providing a reasonable description of the proposed modification and reasonable assurances that the proposed modification will be made in a workerlike manner and that any required building permits will be obtained prior to the commencement of the proposed modification;
(ii) Agreeing to restore at the end of the tenancy the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if it is reasonable for the landlord to condition permission for the proposed modification upon the agreement;
(iii) Paying into an interest-bearing escrow account that is in the landlord's name, over a reasonable period of time, a reasonable amount of money not to exceed the projected costs at the end of the tenancy of the restoration of the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if the landlord finds the account reasonably necessary to ensure the availability of funds for the restoration work. The interest earned in connection with an escrow account described in this division shall accrue to the benefit of the disabled tenant who makes payments into the account.
(b) A landlord shall not condition permission for a proposed modification upon a disabled tenant's payment of a security deposit that exceeds the customarily required security deposit of all tenants of the particular housing accommodations.
(19) Refuse to make reasonable accommodations in rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including associated public and common use areas;
(20) Fail to comply with the standards and rules adopted under division (A) of section 3781.111 of the Revised Code;
(21) Discriminate against any person in the selling, brokering, or appraising of real property because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin;
(22) Fail to design and construct covered multifamily dwellings for first occupancy on or after June 30, 1992, in accordance with the following conditions:
(a) The dwellings shall have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site.
(b) With respect to dwellings that have a building entrance on an accessible route, all of the following apply:
(i) The public use areas and common use areas of the dwellings shall be readily accessible to and usable by persons with a disability.
(ii) All the doors designed to allow passage into and within all premises shall be sufficiently wide to allow passage by persons with a disability who are in wheelchairs.
(iii) All premises within covered multifamily dwelling units shall contain an accessible route into and through the dwelling; all light switches, electrical outlets, thermostats, and other environmental controls within such units shall be in accessible locations; the bathroom walls within such units shall contain reinforcements to allow later installation of grab bars; and the kitchens and bathrooms within such units shall be designed and constructed in a manner that enables an individual in a wheelchair to maneuver about such rooms.
For purposes of division (H)(22) of this section, "covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units.
(I) For any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice defined in this section or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under sections 4112.01 to 4112.07 of the Revised Code.
(J) For any person to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, to obstruct or prevent any person from complying with this chapter or any order issued under it, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(K) Nothing in divisions (A) to (E) of this section shall be construed to require a person with a disability to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the person with a disability, other employees, the general public, or the facilities in which the work is to be performed, or to require the employment or training of a person with a disability in a job that requires the person with a disability routinely to undertake any task, the performance of which is substantially and inherently impaired by the person's disability.
(L)
An
aggrieved individual may enforce the individual's rights
relative to discrimination on the basis of age as provided
for in this section by instituting a civil action, within
one hundred eighty days after the alleged unlawful discriminatory
practice occurred, in any court with jurisdiction for
any legal or equitable relief that will effectuate the individual's
rights.
A
person who files a civil action under this division is barred,
with respect to the practices complained of, from instituting
a civil action under section 4112.14 of the Revised Code
and from filing a charge with the commission under section 4112.05
of the Revised Code.
(M)
With regard to age, it shall not be an
unlawful discriminatory practice and it shall not constitute a
violation of division (A) of section 4112.14 of the Revised Code for
any employer, employment agency, joint labor-management committee
controlling apprenticeship training programs, or labor organization
to do any of the following:
(1) Establish bona fide employment qualifications reasonably related to the particular business or occupation that may include standards for skill, aptitude, physical capability, intelligence, education, maturation, and experience;
(2) Observe the terms of a bona fide seniority system or any bona fide employee benefit plan, including, but not limited to, a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this section. However, no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual, because of the individual's age except as provided for in the "Age Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 623, as amended.
(3) Retire an employee who has attained sixty-five years of age who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars, in accordance with the conditions of the "Age Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 631, as amended;
(4) Observe the terms of any bona fide apprenticeship program if the program is registered with the Ohio apprenticeship council pursuant to sections 4139.01 to 4139.06 of the Revised Code and is approved by the federal committee on apprenticeship of the United States department of labor.
(N)
(M)
Nothing in this chapter prohibiting age
discrimination and nothing in division (A) of section 4112.14 of
the Revised Code shall be construed to
prohibit the following:
(1) The designation of uniform age the attainment of which is necessary for public employees to receive pension or other retirement benefits pursuant to Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code;
(2) The mandatory retirement of uniformed patrol officers of the state highway patrol as provided in section 5505.16 of the Revised Code;
(3) The maximum age requirements for appointment as a patrol officer in the state highway patrol established by section 5503.01 of the Revised Code;
(4) The maximum age requirements established for original appointment to a police department or fire department in sections 124.41 and 124.42 of the Revised Code;
(5) Any maximum age not in conflict with federal law that may be established by a municipal charter, municipal ordinance, or resolution of a board of township trustees for original appointment as a police officer or firefighter;
(6) Any mandatory retirement provision not in conflict with federal law of a municipal charter, municipal ordinance, or resolution of a board of township trustees pertaining to police officers and firefighters;
(7) Until January 1, 1994, the mandatory retirement of any employee who has attained seventy years of age and who is serving under a contract of unlimited tenure, or similar arrangement providing for unlimited tenure, at an institution of higher education as defined in the "Education Amendments of 1980," 94 Stat. 1503, 20 U.S.C.A. 1141(a).
(O)(N)(1)(a)
Except as provided in division (O)(N)(1)(b)
of this section, for purposes of divisions (A) to (E) of this
section, a disability does not include any physiological disorder or
condition, mental or psychological disorder, or disease or condition
caused by an illegal use of any controlled substance by an employee,
applicant, or other person, if an employer, employment agency,
personnel placement service, labor organization, or joint
labor-management committee acts on the basis of that illegal use.
(b)
Division (O)(N)(1)(a)
of this section does not apply to an employee, applicant, or other
person who satisfies any of the following:
(i) The employee, applicant, or other person has successfully completed a supervised drug rehabilitation program and no longer is engaging in the illegal use of any controlled substance, or the employee, applicant, or other person otherwise successfully has been rehabilitated and no longer is engaging in that illegal use.
(ii) The employee, applicant, or other person is participating in a supervised drug rehabilitation program and no longer is engaging in the illegal use of any controlled substance.
(iii) The employee, applicant, or other person is erroneously regarded as engaging in the illegal use of any controlled substance, but the employee, applicant, or other person is not engaging in that illegal use.
(2) Divisions (A) to (E) of this section do not prohibit an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee from doing any of the following:
(a)
Adopting or administering reasonable policies or procedures,
including, but not limited to, testing for the illegal use of any
controlled substance, that are designed to ensure that an individual
described in division (O)(N)(1)(b)(i)
or (ii) of this section no longer is engaging in the illegal use of
any controlled substance;
(b) Prohibiting the illegal use of controlled substances and the use of alcohol at the workplace by all employees;
(c) Requiring that employees not be under the influence of alcohol or not be engaged in the illegal use of any controlled substance at the workplace;
(d) Requiring that employees behave in conformance with the requirements established under "The Drug-Free Workplace Act of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;
(e) Holding an employee who engages in the illegal use of any controlled substance or who is an alcoholic to the same qualification standards for employment or job performance, and the same behavior, to which the employer, employment agency, personnel placement service, labor organization, or joint labor-management committee holds other employees, even if any unsatisfactory performance or behavior is related to an employee's illegal use of a controlled substance or alcoholism;
(f) Exercising other authority recognized in the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, including, but not limited to, requiring employees to comply with any applicable federal standards.
(3) For purposes of this chapter, a test to determine the illegal use of any controlled substance does not include a medical examination.
(4)
Division (O)
(N)
of this section does not encourage,
prohibit, or authorize, and shall not be construed as encouraging,
prohibiting, or authorizing, the conduct of testing for the illegal
use of any controlled substance by employees, applicants, or other
persons, or the making of employment decisions based on the results
of that type of testing.
(P)
(O)
This section does not apply to a religious
corporation, association, educational institution, or society with
respect to the employment of an individual of a particular religion
to perform work connected with the carrying on by that religious
corporation, association, educational institution, or society of its
activities.
The unlawful discriminatory practices defined in this section do not make it unlawful for a person or an appointing authority administering an examination under section 124.23 of the Revised Code to obtain information about an applicant's military status for the purpose of determining if the applicant is eligible for the additional credit that is available under that section.
Sec. 4112.04. (A) The commission shall do all of the following:
(1) Establish and maintain a principal office in the city of Columbus and any other offices within the state that it considers necessary;
(2) Appoint an executive director who shall serve at the pleasure of the commission and be its principal administrative officer. The executive director shall be paid a salary fixed pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and agents who it considers necessary and prescribe their duties subject to Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to effectuate the provisions of this chapter and the policies and practice of the commission in connection with this chapter;
(5) Formulate policies to effectuate the purposes of this chapter and make recommendations to agencies and officers of the state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges made under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry on the enjoyment of civil rights by persons within the state;
(8) Report, from time to time, but not less than once a year, to the general assembly and the governor, describing in detail the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, and the other work performed by it, which report shall include a copy of any surveys prepared pursuant to division (A)(7) of this section and shall include the recommendations of the commission as to legislative or other remedial action;
(9) Prepare a comprehensive educational program, in cooperation with the department of education, for the students of the public schools of this state and for all other residents of this state that is designed to eliminate prejudice on the basis of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry in this state, to further good will among those groups, and to emphasize the origin of prejudice against those groups, its harmful effects, and its incompatibility with American principles of equality and fair play;
(10) Receive progress reports from agencies, instrumentalities, institutions, boards, commissions, and other entities of this state or any of its political subdivisions and their agencies, instrumentalities, institutions, boards, commissions, and other entities regarding affirmative action programs for the employment of persons against whom discrimination is prohibited by this chapter, or regarding any affirmative housing accommodations programs developed to eliminate or reduce an imbalance of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry. All agencies, instrumentalities, institutions, boards, commissions, and other entities of this state or its political subdivisions, and all political subdivisions, that have undertaken affirmative action programs pursuant to a conciliation agreement with the commission, an executive order of the governor, any federal statute or rule, or an executive order of the president of the United States shall file progress reports with the commission annually on or before the first day of November. The commission shall analyze and evaluate the progress reports and report its findings annually to the general assembly on or before the thirtieth day of January of the year immediately following the receipt of the reports.
(11) Notify a person who files a charge pursuant to section 4112.051 of the Revised Code that under division (A) of section 4112.052 of the Revised Code, the person is prohibited from bringing a civil action under this chapter unless one of the following applies:
(a) The conditions stated in division (B)(1) of section 4112.052 of the Revised Code are satisfied;
(b) An exception specified in division (B)(2) of section 4112.052 of the Revised Code applies.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion investigations of problems of employment or housing accommodations discrimination;
(3) Hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, require the production for examination of any books and papers relating to any matter under investigation or in question before the commission, and make rules as to the issuance of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy the premises, records, documents, and other evidence or possible sources of evidence and take and record the testimony or statements of the individuals as reasonably necessary for the furtherance of the hearing or investigation. In investigations, the commission shall comply with the fourth amendment to the United States Constitution relating to unreasonable searches and seizures. The commission or a member of the commission may issue subpoenas to compel access to or the production of premises, records, documents, and other evidence or possible sources of evidence or the appearance of individuals, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a court of common pleas.
(b) Upon written application by a party to a hearing under division (B) of section 4112.05 or division (G) of section 4112.051 of the Revised Code, the commission shall issue subpoenas in its name to the same extent and subject to the same limitations as subpoenas issued by the commission. Subpoenas issued at the request of a party shall show on their face the name and address of the party and shall state that they were issued at the party's request.
(c) Witnesses summoned by subpoena of the commission are entitled to the witness and mileage fees provided for under section 119.094 of the Revised Code.
(d) Within five days after service of a subpoena upon any person, the person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires an appearance or attendance at an unreasonable time or place, that it requires production of evidence that does not relate to any matter before the commission, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena, the commission or person at whose request it was issued may petition for its enforcement in the court of common pleas in the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(4) Create local or statewide advisory agencies and conciliation councils to aid in effectuating the purposes of this chapter. The commission may itself, or it may empower these agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or specific fields of human relationships when based on race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry;
(b) Foster through community effort, or otherwise, good will among the groups and elements of the population of the state.
The agencies and councils may make recommendations to the commission for the development of policies and procedures in general. They shall be composed of representative citizens who shall serve without pay, except that reimbursement for actual and necessary traveling expenses shall be made to citizens who serve on a statewide agency or council.
(5) Issue any publications and the results of investigations and research that in its judgment will tend to promote good will and minimize or eliminate discrimination because of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry.
Sec.
4112.05.
(A)(1)
The
With
the exception of unlawful discriminatory
practices relating to employment, the commission,
as
provided in this section, shall prevent any person from engaging
in unlawful discriminatory practices.
(2) The commission may at any time attempt to resolve allegations of unlawful discriminatory practices other than allegations concerning unlawful discriminatory practices relating to employment by the use of alternative dispute resolution, provided that, before instituting the formal hearing authorized by division (B) of this section, it shall attempt, by informal methods of conference, conciliation, and persuasion, to induce compliance with this chapter.
(B)(1)
Any person may file a charge with the commission alleging
that another person has engaged or is engaging in an unlawful
discriminatory practice. In the case of a charge alleging
an unlawful discriminatory practice that
is not an unlawful
discriminatory practice relating to employment and that is
described
in division (A),
(B), (C), (D), (E), (F), (G),
(I), or
(J) of section 4112.02 or in section 4112.021 or 4112.022 of the
Revised Code, the charge shall be in writing and under oath and
shall be filed with the commission within six months after the
alleged unlawful discriminatory practice was committed. In the
case of a charge alleging an unlawful discriminatory practice
described in division (H) of section 4112.02 of the Revised
Code, the charge shall be in writing and under oath and shall
be filed with the commission within one year after the alleged
unlawful discriminatory practice was committed.
(a)
An oath under this chapter
section
may
be made in any form
of affirmation the person deems binding on the person's conscience.
Acceptable forms include, but are not limited to, declarations
made
under penalty of perjury.
(b) Any charge timely received, via facsimile, postal mail, electronic mail, or otherwise, may be signed under oath after the limitations period for filing set forth under division (B)(1) of this section and will relate back to the original filing date.
(2)
Upon receiving a charge
other than a charge concerning unlawful
discriminatory practices relating to employment,
the commission
may initiate a preliminary investigation to determine whether
it is probable that an unlawful discriminatory practice has
been or is being engaged in. The commission also may conduct,
upon its own initiative and independent of the filing of
any charges, a preliminary investigation relating to any of the
unlawful discriminatory practices that
are not unlawful discriminatory
practices relating to employment and that are described
in division (A),
(B), (C), (D), (E), (F), (I),
or (J) of
section 4112.02 or in section 4112.021 or 4112.022 of the Revised
Code. Prior to a notification of a complainant under division
(B)(4) of this section or prior to the commencement of informal
methods of conference, conciliation, and persuasion, or alternative
dispute resolution, under that division, the members of
the commission and the officers and employees of the commission
shall not make public in any manner and shall retain as
confidential all information that was obtained as a result of or
that otherwise pertains to a preliminary investigation other than
one described in division (B)(3) of this section.
(3)(a) Unless it is impracticable to do so and subject to its authority under division (B)(3)(d) of this section, the commission shall complete a preliminary investigation of a charge filed pursuant to division (B)(1) of this section that alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, and shall take one of the following actions, within one hundred days after the filing of the charge:
(i) Notify the complainant and the respondent that it is not probable that an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code has been or is being engaged in and that the commission will not issue a complaint in the matter;
(ii) Initiate a complaint and schedule it for informal methods of conference, conciliation, and persuasion, or alternative dispute resolution;
(iii) Initiate a complaint and refer it to the attorney general with a recommendation to seek a temporary or permanent injunction or a temporary restraining order. If this action is taken, the attorney general shall apply, as expeditiously as possible after receipt of the complaint, to the court of common pleas of the county in which the unlawful discriminatory practice allegedly occurred for the appropriate injunction or order, and the court shall hear and determine the application as expeditiously as possible.
(b) If it is not practicable to comply with the requirements of division (B)(3)(a) of this section within the one-hundred-day period described in that division, the commission shall notify the complainant and the respondent in writing of the reasons for the noncompliance.
(c) Prior to the issuance of a complaint under division (B)(3)(a)(ii) or (iii) of this section or prior to a notification of the complainant and the respondent under division (B)(3)(a)(i) of this section, the members of the commission and the officers and employees of the commission shall not make public in any manner and shall retain as confidential all information that was obtained as a result of or that otherwise pertains to a preliminary investigation of a charge filed pursuant to division (B)(1) of this section that alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code.
(d) Notwithstanding the types of action described in divisions (B)(3)(a)(ii) and (iii) of this section, prior to the issuance of a complaint or the referral of a complaint to the attorney general and prior to endeavoring to eliminate an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code by informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution, the commission may seek a temporary or permanent injunction or a temporary restraining order in the court of common pleas of the county in which the unlawful discriminatory practice allegedly occurred.
(4) If the commission determines after a preliminary investigation other than one concerning an alleged unlawful discriminatory practice relating to employment or one described in division (B)(3) of this section that it is not probable that an unlawful discriminatory practice has been or is being engaged in, it shall notify any complainant under division (B)(1) of this section that it has so determined and that it will not issue a complaint in the matter. If the commission determines after a preliminary investigation other than the one concerning an alleged unlawful discriminatory practice relating to employment or one described in division (B)(3) of this section that it is probable that an unlawful discriminatory practice has been or is being engaged in, it shall endeavor to eliminate the practice by informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution.
(5)
Nothing said or done during informal methods of conference,
conciliation, and persuasion, or during alternative dispute
resolution, under this section shall be disclosed by any member
of the commission or its staff or be used as evidence in any
subsequent hearing or other proceeding. If, after a preliminary
investigation and the use of informal methods of conference,
conciliation, and persuasion, or alternative dispute resolution,
under this section, the commission is satisfied that any
unlawful discriminatory practice will be eliminated, it may treat
the charge involved as being conciliated and enter that disposition
on the records of the commission. If the commission fails
to effect the elimination of an unlawful discriminatory practice
by informal methods of conference, conciliation, and persuasion,
or by alternative dispute resolution under this section
and to obtain voluntary compliance with this chapter, the
commission shall issue and cause to be served upon any person,
including the respondent against whom a complainant has filed
a charge pursuant to division (B)(1) of this section, a complaint
stating the charges involved and containing a notice of
an opportunity for a hearing before the commission, a member of
the commission, or a hearing examiner at a place that is stated
in the notice and that is located within the county in which
the alleged unlawful discriminatory practice has occurred or
is occurring or in which the respondent resides or transacts
business.
The hearing shall be held not less than thirty days after
the service of the complaint upon the complainant, the aggrieved
persons other than the complainant on whose behalf the complaint
is issued, and the respondent, unless the complainant, an
aggrieved person, or the respondent elects to proceed under division
(A)(2) of section 4112.051
4112.055
of
the Revised Code when
that division is applicable. If a complaint pertains to an alleged
unlawful discriminatory practice described in division (H)
of section 4112.02 of the Revised Code, the complaint shall notify
the complainant, an aggrieved person, and the respondent of
the right of the complainant, an aggrieved person, or the respondent
to elect to proceed with the administrative hearing process
under this section or to proceed under division (A)(2) of
section 4112.051
4112.055
of
the Revised Code.
(6) The attorney general shall represent the commission at any hearing held pursuant to division (B)(5) of this section and shall present the evidence in support of the complaint.
(7) Any complaint issued pursuant to division (B)(5) of this section after the filing of a charge under division (B)(1) of this section shall be so issued within one year after the complainant filed the charge with respect to an alleged unlawful discriminatory practice.
(C)(1) Any complaint issued pursuant to division (B) of this section may be amended by the commission, a member of the commission, or the hearing examiner conducting a hearing under division (B) of this section.
(a) Except as provided in division (C)(1)(b) of this section, a complaint issued pursuant to division (B) of this section may be amended at any time prior to or during the hearing.
(b) If a complaint issued pursuant to division (B) of this section alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, the complaint may be amended at any time up to seven days prior to the hearing and not thereafter.
(2) The respondent has the right to file an answer or an amended answer to the original and amended complaints and to appear at the hearing in person, by attorney, or otherwise to examine and cross-examine witnesses.
(D) The complainant shall be a party to a hearing under division (B) of this section, and any person who is an indispensable party to a complete determination or settlement of a question involved in the hearing shall be joined. Any aggrieved person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the unlawful discriminatory practices complained of shall be permitted to appear only for the presentation of oral or written arguments, to present evidence, perform direct and cross-examination, and be represented by counsel. The commission shall adopt rules, in accordance with Chapter 119. of the Revised Code governing the authority granted under this division.
(E) In any hearing under division (B) of this section, the commission, a member of the commission, or the hearing examiner shall not be bound by the Rules of Evidence but, in ascertaining the practices followed by the respondent, shall take into account all reliable, probative, and substantial statistical or other evidence produced at the hearing that may tend to prove the existence of a predetermined pattern of employment or membership, provided that nothing contained in this section shall be construed to authorize or require any person to observe the proportion that persons of any race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry bear to the total population or in accordance with any criterion other than the individual qualifications of the applicant.
(F) The testimony taken at a hearing under division (B) of this section shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission, upon the service of a notice upon the complainant and the respondent that indicates an opportunity to be present, may take further testimony or hear argument.
(G)(1)(a) If, upon all reliable, probative, and substantial evidence presented at a hearing under division (B) of this section, the commission determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice, whether against the complainant or others, the commission shall state its findings of fact and conclusions of law and shall issue and, subject to the provisions of Chapter 119. of the Revised Code, cause to be served on the respondent an order requiring the respondent to do all of the following:
(1)(i)
Cease and desist from the unlawful discriminatory practice;
(ii) Take any further affirmative or other action that will effectuate the purposes of this chapter, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without back pay, or admission or restoration to union membership;
(iii) Report to the commission the manner of compliance.
If the commission directs payment of back pay, it shall make allowance for interim earnings.
(b)
If the commission finds a violation of division (H) of section
4112.02 of the Revised Code, in addition to the action described
in division (G)(1)(a) of this section, the commission additionally
may require the respondent to undergo recommendation
remediation
in
the form of a class, seminar, or any
other type of remediation approved by the commission, may require
the responded
respondent
to
pay actual damages and reasonable
attorney's fees, and may, to
vindicate
the public interest,
assess a civil penalty against the respondent as follows:
(i) If division (G)(1)(b)(ii) or (iii) of this section does not apply, a civil penalty in an amount not to exceed ten thousand dollars;
(ii) If division (G)(1)(b)(iii) of this section does not apply and if the respondent has been determined by a final order of the commission or by a final judgment of a court to have committed one violation of division (H) of section 4112.02 of the Revised Code during the five-year period immediately preceding the date on which a complaint was issued pursuant to division (B) of this section, a civil penalty in an amount not to exceed twenty-five thousand dollars;
(iii) If the respondent has been determined by a final order of the commission or by a final judgment of a court to have committed two or more violations of division (H) of section 4112.02 of the Revised Code during the seven-year period immediately preceding the date on which a complaint was issued pursuant to division (B) of this section, a civil penalty damages in an amount not to exceed fifty thousand dollars.
(2) Upon the submission of reports of compliance, the commission may issue a declaratory order stating that the respondent has ceased to engage in particular unlawful discriminatory practices.
(H) If the commission finds that no probable cause exists for crediting charges of unlawful discriminatory practices or if, upon all the evidence presented at a hearing under division (B) of this section on a charge, the commission finds that a respondent has not engaged in any unlawful discriminatory practice against the complainant or others, it shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the complaint as to the respondent. A copy of the order shall be delivered in all cases to the attorney general and any other public officers whom the commission considers proper.
If, upon all the evidence presented at a hearing under division (B) of this section on a charge, the commission finds that a respondent has not engaged in any unlawful discriminatory practice against the complainant or others, it may award to the respondent reasonable attorney's fees to the extent provided in 5 U.S.C. 504 and accompanying regulations.
(I) Until the time period for appeal set forth in division (H) of section 4112.06 of the Revised Code expires, the commission, subject to the provisions of Chapter 119. of the Revised Code, at any time, upon reasonable notice, and in the manner it considers proper, may modify or set aside, in whole or in part, any finding or order made by it under this section.
Sec. 4112.051. (A) As used in this section:
(1) "Complainant" means a person who files a charge under this section.
(2) "Respondent" means a person who is the subject of a charge filed under this section.
(B) The Ohio civil rights commission, as provided in this section, shall prevent any person from engaging in unlawful discriminatory practices relating to employment. The commission may at any time attempt to resolve allegations of unlawful discriminatory practices relating to employment by the use of alternative dispute resolution, provided that, before instituting the formal hearing authorized by this section, it shall attempt, by informal methods of conference, conciliation, and persuasion, to induce compliance with this chapter.
(C)(1) Any person who believes that a person has been the subject of an unlawful discriminatory practice relating to employment may file a charge with the commission alleging either or both of the following:
(a) That an employer, employment agency, personnel placement service, or labor organization has engaged or is engaging in an unlawful discriminatory practice relating to employment;
(b) That a person has engaged in an unlawful discriminatory practice relating to employment described in division (A)(24)(b) of section 4112.01 of the Revised Code.
(2) A charge under this section shall be in writing, under oath, and shall be filed with the commission within two years after the alleged unlawful discriminatory practice was committed.
(3) An oath under this section may be made in any form of affirmation the person considers binding on the person's conscience. Acceptable forms include, but are not limited to, declarations made under penalty of perjury.
(4) Any charge timely received, via facsimile, postal mail, electronic mail, or otherwise, may be signed under oath after the limitations period for filing set forth under division (C) of this section and will relate back to the original filing date.
(D)(1) Upon receiving a charge under this section, the commission may initiate a preliminary investigation to determine whether it is probable that an alleged unlawful discriminatory practice relating to employment has occurred or is occurring. The commission also may conduct, on its own initiative and independent of the filing of any charge, a preliminary investigation relating to any alleged unlawful discriminatory practice relating to employment. Before a notification of a complainant under division (E) of this section or before the commencement of informal methods of conference, conciliation, and persuasion, or alternative dispute resolution, under division (F) of this section, the members of the commission and the officers and employees of the commission shall not make public in any manner and shall retain as confidential all information that was obtained as a result of or that otherwise pertains to a preliminary investigation.
(2) With respect to a charge filed under division (C) of this section that alleges an unlawful discriminatory practice relating to employment, the complainant may request in writing that the commission cease its preliminary investigation and issue a notice of right to sue to the complainant. If the commission ceases its preliminary investigation, it shall issue a notice of right to sue to the complainant. The complainant is prohibited from refiling the charge with the commission.
(E) If, after a preliminary investigation, the commission determines that it is not probable that an unlawful discriminatory practice relating to employment has occurred or is occurring, the commission shall notify the complainant of its determination and that it will not issue a complaint in the matter. The commission shall include a notice of right to sue in the notice.
(F)(1) If, after a preliminary investigation, the commission determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring, the commission shall notify the complainant and the respondent of its determination and, in the notice the commission issues to the complainant, inform the complainant that the complainant may withdraw the charge and file a civil action under this chapter. If the complainant does not withdraw the charge, the commission shall endeavor to eliminate the alleged unlawful discriminatory practice relating to employment by informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution.
(2) If, after the use of the informal methods of conference, conciliation, and persuasion, or alternative dispute resolution, the commission is satisfied that the unlawful discriminatory practice in question will be eliminated, the commission may treat the charge as being conciliated and enter that disposition on the records of the commission.
(3) Nothing said or done during informal methods of conference, conciliation, or persuasion, or during alternative dispute resolution, under this section shall be disclosed by any member of the commission or its staff or be used as evidence in any subsequent hearing or other proceeding.
(G) If the commission fails to effect the elimination of the alleged unlawful discriminatory practice relating to employment and is unable to obtain voluntary compliance with this chapter through informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution under this section, the commission shall issue and cause to be served upon any person, including the respondent, a complaint.
(1) The complaint shall state the charges involved and shall contain a notice of a hearing before the commission, a member of the commission, or a hearing examiner, as well as the hearing's location. Any such hearing shall be held in the county in which the alleged unlawful discriminatory practice occurred or is occurring or in which the respondent transacts business, and shall be held not less than thirty days after service of the complaint. After issuing a complaint, the commission may do any of the following:
(a) Upon the request of a complainant that the commission receives not later than thirty days before the date of the hearing, dismiss the complaint;
(b) Eliminate the alleged unlawful discriminatory practice relating to employment by the informal methods described in division (F)(1) of this section and treat the charge as being conciliated as provided in division (F)(2) of this section;
(c) Continue with the hearing process as provided in this section.
(2) The attorney general shall represent the commission at any such hearing and shall present the evidence in support of the complaint.
(3) Any complaint issued pursuant to this division after the filing of a charge under this section shall be issued within one year after the complainant filed the charge with respect to an alleged unlawful discriminatory practice relating to employment.
(4) Any such complaint may be amended by the commission, a member of the commission, or the commission's legal counsel at any time prior to the hearing if the respondent is given sufficient and reasonable notice. The respondent shall have the right to file an answer or an amended answer to the original, and any amended, complaints.
(5) The respondent shall have the right to appear at the hearing in person, by attorney, or otherwise to examine and cross-examine witnesses.
(6) The complainant shall be a party to a hearing under this section. Any person who is an indispensable party to a complete determination or settlement of the complaint central to the hearing shall be joined.
(7) For any hearing initiated under this section, the commission, a member of the commission, or a hearing officer is not bound by the Rules of Evidence, but shall take into account all reliable, probative, and substantial statistical or other evidence produced at the hearing that may prove the existence of a predetermined pattern of employment or membership.
(8)(a) The testimony provided during a hearing under this section shall be under oath and shall be transcribed in writing and filed with the commission.
(b) The commission, at its discretion, may hear further testimony or argument after the initial hearing if notice, that indicates an opportunity to be present, is provided to the complainant and the respondent.
(H) If, after a hearing carried out under division (G) of this section, the commission determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice relating to employment, whether against the complainant or others adversely affected by the allegations in the complaint, the commission shall state its findings of fact and conclusions of law and shall issue and cause to be served to the respondent, subject to the provisions of Chapter 119. of the Revised Code, an order to cease and desist from the unlawful discriminatory practice.
(1) The order shall require the respondent to take affirmative or other action necessary to effectuate the purposes of this chapter, including hiring, reinstating, or promoting the complainant or others adversely affected by the unlawful discriminatory practice and shall require the respondent to report to the commission the manner of compliance.
(2)(a) The order may require back pay or admission or restoration to union membership.
(b) If the order requires back pay, the commission shall take into account earnings collected during the resolution of the complaint.
(3) Upon receipt of the report of compliance required under this division, the commission may issue a declaratory order stating that the respondent has ceased to engage in the unlawful discriminatory practices that were the subject of the complaint.
(I) If, after a hearing carried out under division (G) of this section, the commission finds that a respondent has not engaged in any unlawful discriminatory practice relating to employment against the complainant or others, it shall issue an order stating its findings of fact and dismissing the complaint to the complainant, respondent, and any other affected party. A copy of the order shall also be delivered to the attorney general and any other public officer the commission considers appropriate.
(J) The commission, subject to Chapter 119. of the Revised Code, upon reasonable notice to the respondent and claimant and in the manner it considers proper, may modify or set aside, in whole or in part, any finding or order made under this section until the time period for appeal set forth in section 4112.06 of the Revised Code has passed.
(K) The commission shall adopt rules, in accordance with Chapter 119. of the Revised Code, to carry out this section.
(L) Nothing in this section requires any person to observe in hiring the proportion that persons of any race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry bear to the total population or in accordance with any other criteria than the qualifications of applicants.
(M) The issuance of a notice of right to sue by the commission under this section does not prohibit the commission from offering assistance to the person to whom the notice was issued.
(N) If a complainant requests a notice of right to sue under this section less than sixty days after filing a charge pursuant to division (C) of this section, the commission shall not grant the request until at least sixty days after the complainant filed the charge. If a complainant requests a notice of right to sue under this section sixty or more days after filing a charge, the commission may immediately grant the request.
Sec. 4112.052. (A) Subject to division (B) of this section, and except as provided in division (D)(2) of section 4112.14 of the Revised Code, a person alleging an unlawful discriminatory practice relating to employment in violation of section 4112.02 of the Revised Code may bring a civil action in a court of competent jurisdiction.
(B)(1) Except as otherwise provided in division (B)(2) of this section, a person may file a civil action under this section alleging an unlawful discriminatory practice relating to employment or a violation of division (A) of section 4112.14 of the Revised Code only if the person satisfies both of the following conditions:
(a) The person has first filed a charge with the Ohio civil rights commission under section 4112.051 of the Revised Code with respect to the practice complained of in the complaint for the civil action within the time period required under that section.
(b) One of the following occurs:
(i) The person receives a notice of right to sue from the Ohio civil rights commission pursuant to section 4112.051 of the Revised Code.
(ii) The person has requested a notice of right to sue from the Ohio civil rights commission, and the commission fails to issue the notice of right to sue within forty-five days after the date the commission is permitted to grant the request under division (N) of section 4112.051 of the Revised Code.
(iii) The Ohio civil rights commission, after a preliminary investigation conducted pursuant to a charge filed under section 4112.051 of the Revised Code, determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring and the complainant, after being informed by the commission of the right to file a civil action under this chapter, elects to file a civil action and notifies the commission of that fact.
(2) A person may file a civil action under this section alleging an unlawful discriminatory practice relating to employment or a violation of division (A) of section 4112.14 of the Revised Code without satisfying the conditions of division (B)(1) of this section if either of the following apply:
(a) The person seeks only injunctive relief.
(b) All of the following occur:
(i) The person has filed a charge with the Ohio civil rights commission under section 4112.051 of the Revised Code with respect to the practice complained of in the complaint for the civil action within the time period required under that section.
(ii) The person has filed a charge with the equal employment opportunity commission or its successor organization with respect to the practice complained of in the complaint for the civil action within the time period required under federal law.
(iii) The person has received a notice from the equal employment opportunity commission or its successor organization that states that the person may bring a civil action against the employer and the notice was sent in connection with the charge filed with the equal employment opportunity commission or its successor organization.
(3) With respect to an action described in division (B)(2)(a) of this section, the person may amend the complaint to include damages, but the amendment will relate back to the original filing date of the complaint in the action only after one of the following occurs:
(a) The person receives a notice of right to sue from the Ohio civil rights commission pursuant to section 4112.051 of the Revised Code.
(b) The person has requested a notice of right to sue from the Ohio civil rights commission, and the commission fails to issue the notice of right to sue within forty-five days after the date the commission is permitted to grant the request under division (N) of section 4112.051 of the Revised Code.
(c) The Ohio civil rights commission, after a preliminary investigation conducted pursuant to a charge filed under section 4112.051 of the Revised Code, determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring and the complainant, after being informed by the commission of the right to file a civil action under this chapter, elects to file a civil action and notifies the commission of that fact.
(4) With respect to an unlawful discriminatory practice relating to employment described in division (A)(24)(b) of section 4112.01 of the Revised Code, a charge filed with the Ohio civil rights commission or the equal employment opportunity commission satisfies division (B)(1)(a) or divisions (B)(2)(b)(i) and (ii) of this section if both of the following apply:
(a) The charge is related to the conduct alleged in the complaint for the civil action;
(b) The charge is filed against the person who committed the unlawful discriminatory practice, the employer of the person who committed the unlawful discriminatory practice, or both the person who committed the unlawful discriminatory practice and the person's employer.
(C) A civil action brought under this section shall be filed within two years after the alleged unlawful discriminatory practice was committed, except that the time period to file a civil action is tolled for sixty days after the filing of a charge under section 4112.051 of the Revised Code that is based, in whole or in part, on the same allegations and practices.
(D) A civil action based on 42 U.S.C. 1981a, 42 U.S.C. 1983, and 42 U.S.C. 1985 shall be brought within two years after the cause of action accrues. The period of limitations set forth in this division does not apply to causes of action based on 42 U.S.C. 1981 as amended by the "Civil Rights Act of 1991," Pub. L. No. 102-166.
(E) The Ohio civil rights commission may intervene in a civil action if the commission determines that the case is of public importance.
Sec. 4112.054. (A) As used in this section:
(1) "Tangible employment action" means an action resulting in a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.
(2) "Hostile work environment sexual harassment claim" means a charge filed pursuant to section 4112.051 of the Revised Code or a civil action filed pursuant to section 4112.052 of the Revised Code that alleges an unlawful discriminatory practice relating to employment because of sex on the basis of sexually harassing behavior that did not result in a tangible employment action.
(B) An employer may raise an affirmative defense to vicarious liability to an employee resulting from a hostile work environment sexual harassment claim in which the hostile work environment was created by a supervisor with immediate or successively higher authority over the employee, if the employer proves both of the following by a preponderance of the evidence:
(1) The employer exercised reasonable care to prevent or promptly correct any sexually harassing behavior.
(2) The employee alleging the hostile work environment unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.
(C) The affirmative defense set forth in this section is not available to an employer if the supervisor's harassment resulted in a tangible employment action against the employee.
Sec.
4112.051
4112.055.
(A)(1) Aggrieved
persons
may enforce
the rights granted by division (H) of section 4112.02 of the
Revised Code by filing a civil action in the court of common pleas
of the county in which the alleged unlawful discriminatory practice
occurred within one year after it allegedly occurred. Upon
application by an aggrieved person, upon a proper showing, and
under circumstances that it considers just, a court of common
pleas may appoint an attorney for the aggrieved person and
authorize the commencement of a civil action under this division
without the payment of costs.
Each party to a civil action under this division has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. If a party demands a jury trial in that manner, the civil action shall be tried to a jury.
(2)(a) If a complaint is issued by the commission under division (B)(5) of section 4112.05 of the Revised Code for one or more alleged unlawful discriminatory practices described in division (H) of section 4112.02 of the Revised Code, the complainant, any aggrieved person on whose behalf the complaint is issued, or the respondent may elect, following receipt of the relevant notice described in division (B)(5) of section 4112.05 of the Revised Code, to proceed with the administrative hearing process under that section or to have the alleged unlawful discriminatory practices covered by the complaint addressed in a civil action commenced in accordance with divisions (A)(1) and (2)(b) of this section. An election to have the alleged unlawful discriminatory practices so addressed shall be made in a writing that is sent by certified mail, return receipt requested, to the commission, to the civil rights section of the office of the attorney general, and to the other parties to the pending administrative process within thirty days after the electing complainant, aggrieved person, or respondent received the relevant notice described in division (B)(5) of section 4112.05 of the Revised Code.
(b) Upon receipt of a timely mailed election to have the alleged unlawful discriminatory practices addressed in a civil action, the commission shall authorize the office of the attorney general to commence and maintain the civil action in the court of common pleas of the county in which the alleged unlawful discriminatory practices occurred. Notwithstanding the period of limitations specified in division (A)(1) of this section, the office of the attorney general shall commence the civil action within thirty days after the receipt of the commission's authorization to commence the civil action.
(c) Upon commencement of the civil action in accordance with division (A)(2)(b) of this section, the commission shall prepare an order dismissing the complaint in the pending administrative matter and serve a copy of the order upon the complainant, each aggrieved person on whose behalf the complaint was issued, and the respondent.
(d) If an election to have the alleged unlawful discriminatory practices addressed in a civil action is not filed in accordance with division (A)(2)(a) of this section, the commission shall continue with the administrative hearing process described in section 4112.05 of the Revised Code.
(e) With respect to the issues to be determined in a civil action commenced in accordance with division (A)(2)(b) of this section, any aggrieved person may intervene as a matter of right in that civil action.
(B) If the court or the jury in a civil action under this section finds that a violation of division (H) of section 4112.02 of the Revised Code is about to occur, the court may order any affirmative action it considers appropriate, including a permanent or temporary injunction or temporary restraining order.
(C) Any sale, encumbrance, or rental consummated prior to the issuance of any court order under the authority of this section and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of a charge under division (H) of section 4112.02 of the Revised Code or a civil action under this section is not affected by the court order.
(D) If the court or the jury in a civil action under this section finds that a violation of division (H) of section 4112.02 of the Revised Code has occurred, the court shall award to the plaintiff or to the complainant or aggrieved person on whose behalf the office of the attorney general commenced or maintained the civil action, whichever is applicable, actual damages, reasonable attorney's fees, court costs incurred in the prosecution of the action, expert witness fees, and other litigation expenses, and may grant other relief that it considers appropriate, including a permanent or temporary injunction, a temporary restraining order, or other order and punitive damages.
(E) Any civil action brought under this section shall be heard and determined as expeditiously as possible.
(F) The court in a civil action under this section shall notify the commission of any finding pertaining to discriminatory housing practices within fifteen days after the entry of the finding.
Sec.
4112.052
4112.056.
Whenever the Ohio civil rights commission
has reasonable cause to believe that any person or persons
are engaged in a pattern or practice of resistance to a person
or persons' full enjoyment of the rights granted by division
(H) of section 4112.02 of the Revised Code, or that any group
of persons has been denied any of the rights granted by that
division and the denial raises an issue of public importance,
the commission may refer the matter to the attorney general
for commencement of a civil action in a court of common pleas.
The attorney general may seek any preventive relief considered
necessary to ensure the full enjoyment of the rights granted
by that division, including a permanent or temporary injunction
or temporary restraining order.
Sec.
4112.08.
(A)
This
chapter shall be construed liberally
for the accomplishment of its purposes, and any law inconsistent
with any provision of this chapter shall not apply. Nothing
contained in this chapter shall be considered to repeal any
of the provisions of any law of this state relating to discrimination
because of race, color, religion, sex, military status,
familial status, disability, national origin, age, or ancestry,
except that any person filing a charge under division (B)(1)
of section 4112.05 of the Revised Code, with respect to the
unlawful discriminatory practices complained of, is barred from
instituting a civil action under section 4112.14 or division
(L) of section 4112.02 of the Revised Code.
However, no person has a cause of action or claim based on an unlawful discriminatory practice relating to employment described in division (A)(24)(a) of section 4112.01 of the Revised Code against a supervisor, manager, or other employee of an employer unless that supervisor, manager, or other employee is the employer. Nothing in this division abrogates statutory claims outside this chapter or any claims of liability that exist against an individual at common law.
(B) The procedures and remedies for unlawful discriminatory practices relating to employment in this chapter are the sole and exclusive procedures and remedies available to a person who alleges such discrimination actionable under this chapter.
Sec. 4112.14. (A) No employer shall discriminate in any job opening against any applicant or discharge without just cause any employee aged forty or older who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.
(B)
Any
Except
as otherwise provided in section
4112.052
of
the Revised Code and this section, a person
aged forty or older
who is discriminated against in any job opening or discharged
without just cause by an employer in violation of division
(A) of this section may institute a civil action against
the employer in a court of competent jurisdiction. If the
court finds that an employer has discriminated on the basis of
age, the court shall order an appropriate remedy which shall include
reimbursement to the applicant or employee for the costs,
including reasonable attorney's fees, of the action, or to
reinstate the employee in the employee's former position with
compensation
for lost wages and any lost fringe benefits from the
date of the illegal discharge and to reimburse the employee for
the costs, including reasonable attorney's fees, of the action.
The
Except
as otherwise provided in this section, the remedies
available under this section are coexistent with remedies
available pursuant to sections 4112.01 to 4112.11 of the
Revised Code;
except that any person instituting a civil action
under this section is, with respect to the practices complained
of, thereby barred from instituting a civil action under
division (L) of section 4112.02 of the Revised Code or from
filing a charge with the Ohio civil rights commission under section
4112.05 of the Revised Code.
(C)
The cause of action described in division (B) of this section and
any remedies available pursuant to sections 4112.01 to
4112.11 of the Revised Code shall not
be available in the case of discharges where the employee has
available to the employee the opportunity to arbitrate the discharge
or where a discharge has been arbitrated and has been found to be for
just cause.
(D)(1) A person is prohibited from bringing a civil action under division (B) of this section if the person brought a civil action under section 4112.052 of the Revised Code that is based, in whole or in part, on the same allegations and practices.
(2) A person is prohibited from bringing a civil action under section 4112.052 of the Revised Code if the person brought a civil action under division (B) of this section that is based, in whole or in part, on the same allegations and practices.
(E) A civil action brought under division (B) of this section shall be filed within two years after the alleged discrimination occurred, except that the time period to file a civil action is tolled for sixty days after the filing of a charge under section 4112.051 of the Revised Code that is based, in whole or in part, on the same allegations and practices.
Sec. 4112.99. (A) Whoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Except as otherwise provided in division (B) of this section, a person may bring such a civil action in a court of competent jurisdiction.
(B) A person is prohibited from bringing a civil action for employment discrimination under this section.
Section 2. That existing sections 2315.18, 2315.21, 4112.01, 4112.02, 4112.04, 4112.05, 4112.051, 4112.052, 4112.08, 4112.14, and 4112.99 of the Revised Code are hereby repealed.
Section 3. The General Assembly, in amending section 4112.01 and division (A) of section 4112.08 of the Revised Code pursuant to this act, hereby declares its intent to supersede the effect of the holding of the Ohio Supreme Court in Genaro v. Central Transport, Inc., 84 Ohio St.3d 293 (1999) and to follow the holding in Wathen v. General Electric Co., 115 F.3d 400 (1997) regarding the definition of "employer" for purposes of Chapter 4112. of the Revised Code. The General Assembly further declares its intent that individual supervisors, managers, or employees not be held liable under Chapter 4112. of the Revised Code for unlawful discriminatory practices relating to employment that are described in division (A)(24)(a) of section 4112.01 of the Revised Code, as amended by this act. The General Assembly does not intend this act to abrogate the imposition at common law of vicarious liability on employers for the unlawful discriminatory practices of their employees or agents or to abrogate any other statutory claims that exist outside of Chapter 4112. of the Revised Code or claims existing at common law that may be made against an individual.
It is the intent of the General Assembly that common law claims for wrongful discharge are not available for actions maintainable under Chapter 4112. of the Revised Code and that the procedures and remedies set forth in Chapter 4112. of the Revised Code are the sole and exclusive procedures and remedies available under state law for claims of unlawful discriminatory practice relating to employment that are governed by that chapter. The General Assembly declares its intent in amending division (B) of section 4112.08 of the Revised Code to conform to, and not to overturn, the holding of the Ohio Supreme Court in Collins v. Rizkana, 73 Ohio St.3d 65, 73 (1995).
The General Assembly declares its intent in enacting section 4112.054 of the Revised Code pursuant to this act that employers will be encouraged to implement meaningful anti-discrimination policies and foster a work environment that is fair and tolerant. The General Assembly further declares its intent that human resource professionals should have the first opportunity to resolve personnel complaints and rectify detrimental workplace behavior before such issues result in costly litigation.
Section 4. Section 4112.04 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.