Text of OH HB 163 (2013)

As Introduced 130th General Assembly Regular Session 2013-2014 H. B. No. 163 Representatives McGregor, Antonio Cosponsors: Representatives Ashford, Bishoff, Boyce, Boyd, Brown, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Driehaus, Fedor, Foley, Gerberry, Hagan, R., Heard, Letson, Lundy, Mallory, O'Brien, Pelanda, Phillips, Pillich, Ramos, Redfern, Reece, Rogers, Slesnick, Stinziano, Strahorn, Sykes, Szollosi, Williams, Winburn A BILL To amend sections 9.03, 124.93, 125.111, 153.59, 1 153.591, 340.12, 511.03, 717.01, 1501.012, 2 1751.18, 2927.03, 3113.36, 3301.53, 3304.14, 3 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 4 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 5 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 6 4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 7 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 8 5515.08, and 5709.832 of the Revised Code to 9 prohibit discrimination on the basis of sexual 10 orientation or gender identity, to create an 11 exception for unlawful discriminatory practices 12 concerning admission to or membership in certain 13 religious organizations, to add mediation to the 14 list of informal methods by which the Ohio Civil 15 Rights Commission must attempt to induce 16 compliance with Ohio's Civil Rights Law before 17 instituting a public hearing, and to amend the 18 version of section 5104.09 of the Revised Code 19 that is scheduled to take effect January 1, 2014, 20 to continue the provisions of this act on and 21 after that effective date.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 9.03, 124.93, 125.111, 153.59, 23 153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 24 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 25 3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 26 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 27 4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 28 5515.08, and 5709.832 of the Revised Code be amended to read as 29 follows:30 Sec. 9.03. (A) As used in this section:31 (1) "Political subdivision" means any body corporate and 32 politic, except a municipal corporation that has adopted a charter 33 under Section 7 of Article XVIII, Ohio Constitution, and except a 34 county that has adopted a charter under Sections 3 and 4 of 35 Article X, Ohio Constitution, to which both of the following 36 apply:37 (a) It is responsible for governmental activities only in a 38 geographic area smaller than the state.39 (b) It is subject to the sovereign immunity of the state.40 (2) "Cigarettes" and "tobacco product" have the same meanings 41 as in section 5743.01 of the Revised Code.42 (3) "Transaction" has the same meaning as in section 1315.51 43 of the Revised Code.44 (4) "Campaign committee," "campaign fund," "candidate," 45 "legislative campaign fund," "political action committee," 46 "political committee," "political party," and "separate segregated 47 fund" have the same meanings as in section 3517.01 of the Revised 48 Code.49 (B) Except as otherwise provided in division (C) of this 50 section, the governing body of a political subdivision may use 51 public funds to publish and distribute newsletters, or to use any 52 other means, to communicate information about the plans, policies, 53 and operations of the political subdivision to members of the 54 public within the political subdivision and to other persons who 55 may be affected by the political subdivision.56 (C) Except as otherwise provided in division (A)(7) of 57 section 340.03 or division (A)(12) of section 340.033 of the 58 Revised Code, no governing body of a political subdivision shall 59 use public funds to do any of the following:60 (1) Publish, distribute, or otherwise communicate information 61 that does any of the following:62 (a) Contains defamatory, libelous, or obscene matter;63 (b) Promotes alcoholic beverages, cigarettes or other tobacco 64 products, or any illegal product, service, or activity;65 (c) Promotes illegal discrimination on the basis of race, 66 color, religion, age, ancestry, national origin, or handicap, age, 67 or ancestry; or sexual orientation or gender identity as those 68 terms are defined in section 4112.01 of the Revised Code;69 (d) Supports or opposes any labor organization or any action 70 by, on behalf of, or against any labor organization;71 (e) Supports or opposes the nomination or election of a 72 candidate for public office, the investigation, prosecution, or 73 recall of a public official, or the passage of a levy or bond 74 issue.75 (2) Compensate any employee of the political subdivision for 76 time spent on any activity to influence the outcome of an election 77 for any of the purposes described in division (C)(1)(e) of this 78 section. Division (C)(2) of this section does not prohibit the use 79 of public funds to compensate an employee of a political 80 subdivision for attending a public meeting to present information 81 about the political subdivision's finances, activities, and 82 governmental actions in a manner that is not designed to influence 83 the outcome of an election or the passage of a levy or bond issue, 84 even though the election, levy, or bond issue is discussed or 85 debated at the meeting.86 (D) Except as otherwise provided in division (A)(7) of 87 section 340.03 or division (A)(12) of section 340.033 of the 88 Revised Code or in division (E) of this section, no person shall 89 knowingly conduct a direct or indirect transaction of public funds 90 to the benefit of any of the following:91 (1) A campaign committee;92 (2) A political action committee;93 (3) A legislative campaign fund;94 (4) A political party;95 (5) A campaign fund;96 (6) A political committee;97 (7) A separate segregated fund;98 (8) A candidate.99 (E) Division (D) of this section does not prohibit the 100 utilization of any person's own time to speak in support of or in 101 opposition to any candidate, recall, referendum, levy, or bond 102 issue unless prohibited by any other section of the Revised Code.103 (F) Nothing in this section prohibits or restricts any 104 political subdivision from sponsoring, participating in, or doing 105 any of the following:106 (1) Charitable or public service advertising that is not 107 commercial in nature;108 (2) Advertising of exhibitions, performances, programs, 109 products, or services that are provided by employees of a 110 political subdivision or are provided at or through premises owned 111 or operated by a political subdivision;112 (3) Licensing an interest in a name or mark that is owned or 113 controlled by the political subdivision.114 (G) Whoever violates division (D) of this section shall be 115 punished as provided in section 3599.40 of the Revised Code.116 Sec. 124.93. (A) As used in this section, "physician" means 117 any person who holds a valid certificate to practice medicine and 118 surgery or osteopathic medicine and surgery issued under Chapter 119 4731. of the Revised Code.120 (B) No health insuring corporation that, on or after July 1, 121 1993, enters into or renews a contract with the department of 122 administrative services under section 124.82 of the Revised Code, 123 because of a physician's race, color, religion, sexgender, age, 124 ancestry, or national origin,; or disability, sexual orientation, 125 gender identity, or military status, as those terms are defined 126 in section 4112.01 of the Revised Code, age, or ancestry, shall 127 refuse to contract with that physician for the provision of health 128 care services under section 124.82 of the Revised Code.129 Any health insuring corporation that violates this division 130 is deemed to have engaged in an unlawful discriminatory practice 131 as defined in section 4112.02 of the Revised Code and is subject 132 to Chapter 4112. of the Revised Code.133 (C) Each health insuring corporation that, on or after July 134 1, 1993, enters into or renews a contract with the department of 135 administrative services under section 124.82 of the Revised Code 136 and that refuses to contract with a physician for the provision of 137 health care services under that section shall provide that 138 physician with a written notice that clearly explains the reason 139 or reasons for the refusal. The notice shall be sent to the 140 physician by regular mail within thirty days after the refusal.141 Any health insuring corporation that fails to provide notice 142 in compliance with this division is deemed to have engaged in an 143 unfair and deceptive act or practice in the business of insurance 144 as defined in section 3901.21 of the Revised Code and is subject 145 to sections 3901.19 to 3901.26 of the Revised Code.146 Sec. 125.111. (A) Every contract for or on behalf of the 147 state or any of its political subdivisions for any purchase shall 148 contain provisions similar to those required by section 153.59 of 149 the Revised Code in the case of construction contracts by which 150 the contractor agrees to both of the following:151 (1) That, in the hiring of employees for the performance of 152 work under the contract or any subcontract, no contractor or 153 subcontractor, by reason of race, color, religion, sexgender, 154 age, ancestry, or national origin; or disability, sexual 155 orientation, gender identity, or military status, as those terms 156 are defined in section 4112.01 of the Revised Code, national 157 origin, or ancestry, shall discriminate against any citizen of 158 this state in the employment of a person qualified and available 159 to perform the work to which the contract relates;160 (2) That no contractor, subcontractor, or person acting on 161 behalf of any contractor or subcontractor, in any manner, shall 162 discriminate against, intimidate, or retaliate against any 163 employee hired for the performance of work under the contract on 164 account of race, color, religion, sexgender, age, ancestry, or 165 national origin; or disability, sexual orientation, gender 166 identity, or military status, as those terms are defined in 167 section 4112.01 of the Revised Code,national origin, or ancestry.168 (B) All contractors from whom the state or any of its 169 political subdivisions make purchases shall have a written 170 affirmative action program for the employment and effective 171 utilization of economically disadvantaged persons, as referred to 172 in division (E)(1) of section 122.71 of the Revised Code. 173 Annually, each such contractor shall file a description of the 174 affirmative action program and a progress report on its 175 implementation with the equal employment opportunity office of the 176 department of administrative services.177 Sec. 153.59. Every contract for or on behalf of the state, 178 or any township, county, or municipal corporation of the state, 179 for the construction, alteration, or repair of any public building 180 or public work in the state shall contain provisions by which the 181 contractor agrees to both of the following:182 (A) That, in the hiring of employees for the performance of 183 work under the contract or any subcontract, no contractor, 184 subcontractor, or any person acting on a contractor's or 185 subcontractor's behalf, by reason of race, color, creed, sex,or 186 gender; or disability, sexual orientation, gender identity, or 187 military status as those terms are defined in section 4112.01 of 188 the Revised Code, or color, shall discriminate against any citizen 189 of the state in the employment of labor or workers who is 190 qualified and available to perform the work to which the 191 employment relates;192 (B) That no contractor, subcontractor, or any person on a 193 contractor's or subcontractor's behalf, in any manner, shall 194 discriminate against or intimidate any employee hired for the 195 performance of work under the contract on account of race, color,196 creed, sex,or gender; or disability, sexual orientation, gender 197 identity, or military status as those terms are defined in section 198 4112.01 of the Revised Code, or color.199 The department of administrative services shall ensure that 200 no capital moneys appropriated by the general assembly for any 201 purpose shall be expended unless the project for which those 202 moneys are appropriated provides for an affirmative action program 203 for the employment and effective utilization of disadvantaged 204 persons whose disadvantage may arise from cultural, racial, or 205 ethnic background, or other similar cause, including, but not 206 limited to, race, religion, sexgender, ancestry, or national 207 origin; or disability or military status as those terms are208 defined in section 4112.01 of the Revised Code, national origin, 209 or ancestry.210 In awarding contracts for capital improvement projects, the 211 department shall ensure that equal consideration be given to 212 contractors, subcontractors, or joint venturers who qualify as a 213 minority business enterprise. As used in this section, "minority 214 business enterprise" means a business enterprise that is owned or 215 controlled by one or more socially or economically disadvantaged 216 persons who are residents of this state. "Socially or economically 217 disadvantaged persons" means persons, regardless of marital 218 status, who are members of groups whose disadvantage may arise 219 from discrimination on the basis of race, religion, sexgender, 220 ancestry, or national origin; or disability or military status as 221 those terms are defined in section 4112.01 of the Revised Code, 222 national origin, ancestry,; or other similar cause.223 Sec. 153.591. Any provision of a hiring hall contract or 224 agreement which obligates a contractor to hire, if available, only 225 employees referred to the contractor by a labor organization shall 226 be void as against public policy and unenforceable with respect to 227 employment under any public works contract unless at the date of 228 execution of the hiring hall contract or agreement, or within 229 thirty days thereafter, the labor organization has in effect 230 procedures for referring qualified employees for hire without 231 regard to race, color, religion, gender, ancestry, or national 232 origin; or sexual orientation, gender identity, or military status 233 as defined in section 4112.01 of the Revised Code, or ancestry and 234 unless the labor organization includes in its apprentice and 235 journeyperson's membership, or otherwise has available for job 236 referral without discrimination, qualified employees, both whites 237 and non-whites (including African-AmericansAfrican Americans).238 Sec. 340.12. No board of alcohol, drug addiction, and mental 239 health services or any agency, corporation, or association under 240 contract with such a board shall discriminate in the provision of 241 services under its authority, in employment, or contract on the 242 basis of race, color, sex, creed, disabilitygender, or national 243 origin, or disability; or sexual orientation or gender identity as 244 those terms are defined in section 4112.01 of the Revised Code.245 Each board, each community mental health agency, and each 246 alcohol and drug addiction program shall have a written 247 affirmative action program. The affirmative action program shall 248 include goals for the employment and effective utilization of, 249 including contracts with, members of economically disadvantaged 250 groups as defined in division (E)(1) of section 122.71 of the 251 Revised Code in percentages reflecting as nearly as possible the 252 composition of the alcohol, drug addiction, and mental health 253 service district served by the board. Each board, agency, and 254 program shall file a description of the affirmative action program 255 and a progress report on its implementation with the department of 256 mental health or the department of alcohol and drug addiction 257 services.258 Sec. 511.03. After an affirmative vote in an election held 259 under sections 511.01 and 511.02 of the Revised Code, the board of 260 township trustees may make all contracts necessary for the 261 purchase of a site, and the erection, improvement, or enlargement 262 of such building. The board shall have control of any town hall 263 belonging to the township, and it may rent or lease all or part of 264 any hall, lodge, or recreational facility belonging to the 265 township, to any person or organization under terms the board 266 considers proper, for which all rent shall be paid in advance or 267 fully secured. In establishing the terms of any rental agreement 268 or lease pursuant to this section, the board of township trustees 269 may give preference to persons who are residents of or 270 organizations that are headquartered in the township or that are 271 charitable or fraternal in nature. All persons or organizations 272 shall be treated on a like or similar basis, and no 273 differentiation shall be made on the basis of race, color, 274 religion, national origin, sexgender, national origin, or 275 political affiliation; or sexual orientation or gender identity as 276 those terms are defined in section 4112.01 of the Revised Code. 277 The rents received for such facilities may be used for their 278 repair or improvement, and any balance shall be used for general 279 township purposes.280 Sec. 717.01. Each municipal corporation may do any of the 281 following:282 (A) Acquire by purchase or condemnation real estate with or 283 without buildings on it, and easements or interests in real 284 estate;285 (B) Extend, enlarge, reconstruct, repair, equip, furnish, or 286 improve a building or improvement that it is authorized to acquire 287 or construct;288 (C) Erect a crematory or provide other means for disposing of 289 garbage or refuse, and erect public comfort stations;290 (D) Purchase turnpike roads and make them free;291 (E) Construct wharves and landings on navigable waters;292 (F) Construct infirmaries, workhouses, prisons, police 293 stations, houses of refuge and correction, market houses, public 294 halls, public offices, municipal garages, repair shops, storage 295 houses, and warehouses;296 (G) Construct or acquire waterworks for supplying water to 297 the municipal corporation and its inhabitants and extend the 298 waterworks system outside of the municipal corporation limits;299 (H) Construct or purchase gas works or works for the 300 generation and transmission of electricity, for the supplying of 301 gas or electricity to the municipal corporation and its 302 inhabitants;303 (I) Provide grounds for cemeteries or crematories, enclose 304 and embellish them, and construct vaults or crematories;305 (J) Construct sewers, sewage disposal works, flushing 306 tunnels, drains, and ditches;307 (K) Construct free public libraries and reading rooms, and 308 free recreation centers;309 (L) Establish free public baths and municipal lodging houses;310 (M) Construct monuments or memorial buildings to commemorate 311 the services of soldiers, sailors, and marines of the state and 312 nation;313 (N) Provide land for and improve parks, boulevards, and 314 public playgrounds;315 (O) Construct hospitals and pesthouses;316 (P) Open, construct, widen, extend, improve, resurface, or 317 change the line of any street or public highway;318 (Q) Construct and improve levees, dams, waterways, 319 waterfronts, and embankments and improve any watercourse passing 320 through the municipal corporation;321 (R) Construct or improve viaducts, bridges, and culverts;322 (S)(1) Construct any building necessary for the police or 323 fire department;324 (2) Purchase fire engines or fire boats;325 (3) Construct water towers or fire cisterns;326 (4) Place underground the wires or signal apparatus of any 327 police or fire department.328 (T) Construct any municipal ice plant for the purpose of 329 manufacturing ice for the citizens of a municipal corporation;330 (U) Construct subways under any street or boulevard or 331 elsewhere;332 (V) Acquire by purchase, gift, devise, bequest, lease, 333 condemnation proceedings, or otherwise, real or personal property, 334 and thereon and thereof to establish, construct, enlarge, improve, 335 equip, maintain, and operate airports, landing fields, or other 336 air navigation facilities, either within or outside the limits of 337 a municipal corporation, and acquire by purchase, gift, devise, 338 lease, or condemnation proceedings rights-of-way for connections 339 with highways, waterways, and electric, steam, and interurban 340 railroads, and improve and equip such facilities with structures 341 necessary or appropriate for such purposes. No municipal 342 corporation may take or disturb property or facilities belonging 343 to any public utility or to a common carrier engaged in interstate 344 commerce, which property or facilities are required for the proper 345 and convenient operation of the utility or carrier, unless 346 provision is made for the restoration, relocation, or duplication 347 of the property or facilities elsewhere at the sole cost of the 348 municipal corporation.349 (W) Provide by agreement with any regional airport authority, 350 created under section 308.03 of the Revised Code, for the making 351 of necessary surveys, appraisals, and examinations preliminary to 352 the acquisition or construction of any airport or airport facility 353 and pay the portion of the expense of the surveys, appraisals, and 354 examinations as set forth in the agreement;355 (X) Provide by agreement with any regional airport authority, 356 created under section 308.03 of the Revised Code, for the 357 acquisition, construction, maintenance, or operation of any 358 airport or airport facility owned or to be owned and operated by 359 the regional airport authority or owned or to be owned and 360 operated by the municipal corporation and pay the portion of the 361 expense of it as set forth in the agreement;362 (Y) Acquire by gift, purchase, lease, or condemnation, land, 363 forest, and water rights necessary for conservation of forest 364 reserves, water parks, or reservoirs, either within or without the 365 limits of the municipal corporation, and improve and equip the 366 forest and water parks with structures, equipment, and 367 reforestation necessary or appropriate for any purpose for the 368 utilization of any of the forest and water benefits that may 369 properly accrue therefrom to the municipal corporation;370 (Z) Acquire real property by purchase, gift, or devise and 371 construct and maintain on it public swimming pools, either within 372 or outside the limits of the municipal corporation;373 (AA) Construct or rehabilitate, equip, maintain, operate, and 374 lease facilities for housing of elderly persons and for persons of 375 low and moderate income, and appurtenant facilities. No municipal 376 corporation shall deny housing accommodations to or withhold 377 housing accommodations from elderly persons or persons of low and 378 moderate income because of race, color, religion, sexgender, 379 ancestry, or national origin; or familial status as defined in 380 section 4112.01 of the Revised Code, military status as defined in 381 that section, disability as defined in that section, ancestry, 382 or national originsexual orientation, gender identity, or 383 military status, as those terms are defined in section 4112.01 of 384 the Revised Code. Any elderly person or person of low or moderate 385 income who is denied housing accommodations or has them withheld 386 by a municipal corporation because of race, color, religion, sex387 gender, ancestry, or national origin; or familial status as 388 defined in section 4112.01 of the Revised Code, military status as 389 defined in that section, disability as defined in that section, 390 ancestry, or national originsexual orientation, gender identity, 391 or military status as those terms are defined in section 4112.01 392 of the Revised Code may file a charge with the Ohio civil rights 393 commission as provided in Chapter 4112. of the Revised Code.394 (BB) Acquire, rehabilitate, and develop rail property or rail 395 service, and enter into agreements with the Ohio rail development 396 commission, boards of county commissioners, boards of township 397 trustees, legislative authorities of other municipal corporations, 398 with other governmental agencies or organizations, and with 399 private agencies or organizations in order to achieve those 400 purposes;401 (CC) Appropriate and contribute money to a soil and water 402 conservation district for use under Chapter 1515. of the Revised 403 Code;404 (DD) Authorize the board of county commissioners, pursuant to 405 a contract authorizing the action, to contract on the municipal 406 corporation's behalf for the administration and enforcement within 407 its jurisdiction of the state building code by another county or 408 another municipal corporation located within or outside the 409 county. The contract for administration and enforcement shall 410 provide for obtaining certification pursuant to division (E) of 411 section 3781.10 of the Revised Code for the exercise of 412 administration and enforcement authority within the municipal 413 corporation seeking those services and shall specify which 414 political subdivision is responsible for securing that 415 certification.416 (EE) Expend money for providing and maintaining services and 417 facilities for senior citizens.418 "Airport," "landing field," and "air navigation facility," as 419 defined in section 4561.01 of the Revised Code, apply to division 420 (V) of this section.421 As used in divisions (W) and (X) of this section, "airport" 422 and "airport facility" have the same meanings as in section 308.01 423 of the Revised Code.424 As used in division (BB) of this section, "rail property" and 425 "rail service" have the same meanings as in section 4981.01 of the 426 Revised Code.427 Sec. 1501.012. (A) The director of natural resources may 428 lease lands in state parks, as defined in section 1501.07 of the 429 Revised Code, and contract for the construction and operation of 430 public service facilities, as mentioned in that section, and for 431 major renovation or remodeling of existing public service 432 facilities by the lessees on those lands. If the director 433 determines that doing so would be consistent with long-range 434 planning of the department of natural resources and in the best 435 interests of the department and the division of parks and 436 recreation in the department, the director shall negotiate and 437 execute a lease and contract for those purposes in accordance with 438 this chapter except as otherwise provided in this section.439 (B) With the approval of the recreation and resources council 440 created under section 1501.04 of the Revised Code, the director 441 shall draft a statement of intent describing any public service 442 facility that the department wishes to have constructed in 443 accordance with this section and establishing a procedure for the 444 submission of proposals for providing the facility, including, but 445 not limited to, a requirement that each prospective bidder or 446 lessee of land shall submit with the proposal a completed 447 questionnaire and financial statement, on forms prescribed and 448 furnished by the department, to enable the department to ascertain 449 the person's financial worth and experience in maintaining and 450 operating facilities similar or related to the public service 451 facility in question. The completed questionnaire and financial 452 statement shall be verified under oath by the prospective bidder 453 or lessee. Questionnaires and financial statements submitted under 454 this division are confidential and are not open to public 455 inspection. Nothing in this division shall be construed to prevent 456 use of or reference to questionnaires and financial statements in 457 a civil action or criminal prosecution commenced by the state.458 The director shall publish the statement of intent in at 459 least three daily newspapers of general circulation in the state 460 at least once each week for four consecutive weeks. The director 461 then shall accept proposals in response to the statement of intent 462 for at least thirty days following the final publication of the 463 statement. At the end of the period during which proposals may be 464 submitted under this division, the director shall select the 465 proposal that the director determines best complies with the 466 statement of intent and may negotiate a lease and contract with 467 the person that submitted that proposal.468 (C) Any lease and contract negotiated under this section 469 shall include in its terms and conditions all of the following:470 (1) The legal description of the leasehold;471 (2) The duration of the lease and contract, which shall not 472 exceed forty years, and a requirement that the lease and contract 473 be nonrenewable;474 (3) A requirement that the lessee maintain in full force and 475 effect during the term of the lease and contract comprehensive 476 liability insurance for injury, death, or loss to persons or 477 property and fire casualty insurance for the public service 478 facility and all its structures in an amount established by the 479 director and naming the department as an additional insured;480 (4) A requirement that the lessee maintain in full force and 481 effect suitable performance bonds or other adequate security 482 pertaining to the construction and operation of the public service 483 facility;484 (5) Detailed plans and specifications controlling the 485 construction of the public service facility that shall include all 486 of the following:487 (a) The size and capacity of the facility;488 (b) The type and quality of construction;489 (c) Other criteria that the department considers necessary 490 and advisable.491 (6) The manner of rental payment;492 (7) A stipulation that the director shall have control and 493 supervision over all of the following:494 (a) The operating season of the public service facility;495 (b) The facility's hours of operation;496 (c) The maximum rates to be charged guests using the 497 facility;498 (d) The facility's sanitary conditions;499 (e) The quality of food and service furnished the guests of 500 the facility;501 (f) The lessee's general and structural maintenance 502 responsibilities at the facility.503 (8) The disposition of the leasehold and improvements at the 504 expiration of the lease and contract;505 (9) A requirement that the public service facility be 506 available to all members of the public without regard to sex,507 race, color, creed, gender, ancestry, or national origin,; or 508 disability, sexual orientation, or gender identity, as those terms 509 are defined in section 4112.01 of the Revised Code;510 (10) Other terms and conditions that the director considers 511 necessary and advisable to carry out the purposes of this section.512 (D) The attorney general shall approve the form of the lease 513 and contract prior to its execution by the director.514 (E) The authority granted in this section to the director is 515 in addition and supplemental to any other authority granted the 516 director under state law.517 Sec. 1751.18. (A)(1) No health insuring corporation shall 518 cancel or fail to renew the coverage of a subscriber or enrollee 519 because of any health status-related factor in relation to the 520 subscriber or enrollee, the subscriber's or enrollee's 521 requirements for health care services, or for any other reason 522 designated under rules adopted by the superintendent of insurance.523 (2) Unless otherwise required by state or federal law, no 524 health insuring corporation, or health care facility or provider 525 through which the health insuring corporation has made 526 arrangements to provide health care services, shall discriminate 527 against any individual with regard to enrollment, disenrollment, 528 or the quality of health care services rendered, on the basis of 529 the individual's race, color, sexreligion, gender, or age, 530 religion, military status; or sexual orientation, gender identity, 531 or military status, as those terms are defined in section 4112.01 532 of the Revised Code,; or status as a recipient of medicare or 533 medicaid, or any health status-related factor in relation to the 534 individual. However, a health insuring corporation shall not be 535 required to accept a recipient of medicare or medical assistance, 536 if an agreement has not been reached on appropriate payment 537 mechanisms between the health insuring corporation and the 538 governmental agency administering these programs. Further, except 539 for open enrollment coverage under sections 3923.58 and 3923.581 540 of the Revised Code, a health insuring corporation may reject an 541 applicant for nongroup enrollment on the basis of any health 542 status-related factor in relation to the applicant.543 (B) A health insuring corporation may cancel or decide not to 544 renew the coverage of an enrollee if the enrollee has performed an 545 act or practice that constitutes fraud or intentional 546 misrepresentation of material fact under the terms of the coverage 547 and if the cancellation or nonrenewal is not based, either 548 directly or indirectly, on any health status-related factor in 549 relation to the enrollee.550 (C) An enrollee may appeal any action or decision of a health 551 insuring corporation taken pursuant to section 2742(b) to (e) of 552 the "Health Insurance Portability and Accountability Act of 1996," 553 Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as 554 amended. To appeal, the enrollee may submit a written complaint to 555 the health insuring corporation pursuant to section 1751.19 of the 556 Revised Code. The enrollee may, within thirty days after receiving 557 a written response from the health insuring corporation, appeal 558 the health insuring corporation's action or decision to the 559 superintendent.560 (D) As used in this section, "health status-related factor" 561 means any of the following:562 (1) Health status;563 (2) Medical condition, including both physical and mental 564 illnesses;565 (3) Claims experience;566 (4) Receipt of health care;567 (5) Medical history;568 (6) Genetic information;569 (7) Evidence of insurability, including conditions arising 570 out of acts of domestic violence;571 (8) Disability.572 Sec. 2927.03. (A) No person, whether or not acting under 573 color of law, shall by force or threat of force willfully injure, 574 intimidate, or interfere with, or attempt to injure, intimidate, 575 or interfere with, any of the following:576 (1) Any person because of race, color, religion, sexgender, 577 ancestry, or national origin; or familial status as defined in 578 section 4112.01 of the Revised Code, national origin, military 579 status as defined in that section, disability as defined in that 580 section, sexual orientation, gender identity, or ancestrymilitary 581 status, as those terms are defined in section 4112.01 of the 582 Revised Code, and because that person is or has been selling, 583 purchasing, renting, financing, occupying, contracting, or 584 negotiating for the sale, purchase, rental, financing, or 585 occupation of any housing accommodations, or applying for or 586 participating in any service, organization, or facility relating 587 to the business of selling or renting housing accommodations;588 (2) Any person because that person is or has been doing, or 589 in order to intimidate that person or any other person or any 590 class of persons from doing, either of the following:591 (a) Participating, without discrimination on account of race, 592 color, religion, sexgender, ancestry, or national origin; or593 familial status as defined in section 4112.01 of the Revised Code, 594 national origin, military status as defined in that section, 595 disability as defined in that section, sexual orientation, gender 596 identity, or ancestrymilitary status, as those terms are defined 597 in section 4112.01 of the Revised Code, in any of the activities, 598 services, organizations, or facilities described in division 599 (A)(1) of this section;600 (b) Affording another person or class of persons opportunity 601 or protection so to participate.602 (3) Any person because that person is or has been, or in 603 order to discourage that person or any other person from, lawfully 604 aiding or encouraging other persons to participate, without 605 discrimination on account of race, color, religion, sexgender, 606 ancestry, or national origin; or familial status as defined in 607 section 4112.01 of the Revised Code, national origin, military 608 status as defined in that section, disability as defined in that 609 section, sexual orientation, gender identity, or ancestry,610 military status, as those terms are defined in section 4112.01 of 611 the Revised Code, in any of the activities, services, 612 organizations, or facilities described in division (A)(1) of this 613 section, or participating lawfully in speech or peaceful assembly 614 opposing any denial of the opportunity to so participate.615 (B) Whoever violates division (A) of this section is guilty 616 of a misdemeanor of the first degree.617 Sec. 3113.36. (A) To qualify for funds under section 3113.35 618 of the Revised Code, a shelter for victims of domestic violence 619 shall meet all of the following requirements:620 (1) Be incorporated in this state as a nonprofit corporation;621 (2) Have trustees who represent the racial, ethnic, and 622 socioeconomic diversity of the community to be served, including 623 at least one person who is or has been a victim of domestic 624 violence;625 (3) Receive at least twenty-five per cent of its funds from 626 sources other than funds distributed pursuant to section 3113.35 627 of the Revised Code. These other sources may be public or private, 628 and may include funds distributed pursuant to section 3113.37 of 629 the Revised Code, and contributions of goods or services, 630 including materials, commodities, transportation, office space, or 631 other types of facilities or personal services.632 (4) Provide residential service or facilities for children 633 when accompanied by a parent, guardian, or custodian who is a 634 victim of domestic violence and who is receiving temporary 635 residential service at the shelter;636 (5) Require persons employed by or volunteering services to 637 the shelter to maintain the confidentiality of any information 638 that would identify individuals served by the shelter.639 (B) A shelter for victims of domestic violence does not 640 qualify for funds if it discriminates in its admissions or 641 provision of services on the basis of race, religion, color, 642 religion, age, ancestry, national origin, or marital status,643 national origin, or ancestry; or sexual orientation or gender 644 identity as those terms are defined in section 4112.01 of the 645 Revised Code. A shelter does not qualify for funds in the second 646 half of any year if its application projects the provision of 647 residential service and such service has not been provided in the 648 first half of that year; such a shelter does not qualify for funds 649 in the following year.650 Sec. 3301.53. (A) The state board of education, in 651 consultation with the director of job and family services, shall 652 formulate and prescribe by rule adopted under Chapter 119. of the 653 Revised Code minimum standards to be applied to preschool programs 654 operated by school district boards of education, county DD boards, 655 or eligible nonpublic schools. The rules shall include the 656 following:657 (1) Standards ensuring that the preschool program is located 658 in a safe and convenient facility that accommodates the enrollment 659 of the program, is of the quality to support the growth and 660 development of the children according to the program objectives, 661 and meets the requirements of section 3301.55 of the Revised Code;662 (2) Standards ensuring that supervision, discipline, and 663 programs will be administered according to established objectives 664 and procedures;665 (3) Standards ensuring that preschool staff members and 666 nonteaching employees are recruited, employed, assigned, 667 evaluated, and provided inservice education without discrimination 668 on the basis of race, color, gender, age, color,or national 669 origin, race, or sex; or sexual orientation or gender identity, as 670 those terms are defined in section 4112.01 of the Revised Code;671 and that preschool staff members and nonteaching employees are 672 assigned responsibilities in accordance with written position 673 descriptions commensurate with their training and experience;674 (4) A requirement that boards of education intending to 675 establish a preschool program demonstrate a need for a preschool 676 program prior to establishing the program;677 (5) Requirements that children participating in preschool 678 programs have been immunized to the extent considered appropriate 679 by the state board to prevent the spread of communicable disease;680 (6) Requirements that the parents of preschool children 681 complete the emergency medical authorization form specified in 682 section 3313.712 of the Revised Code.683 (B) The state board of education in consultation with the 684 director of job and family services shall ensure that the rules 685 adopted by the state board under sections 3301.52 to 3301.58 of 686 the Revised Code are consistent with and meet or exceed the 687 requirements of Chapter 5104. of the Revised Code with regard to 688 child day-care centers. The state board and the director of job 689 and family services shall review all such rules at least once 690 every five years.691 (C) The state board of education, in consultation with the 692 director of job and family services, shall adopt rules for school 693 child programs that are consistent with and meet or exceed the 694 requirements of the rules adopted for school-age child care 695 centers under Chapter 5104. of the Revised Code.696 Sec. 3304.14. (A) The governor shall appoint an administrator 697 of the rehabilitation services commission to serve at the pleasure 698 of the governor and shall fix the administrator's compensation. 699 The administrator shall devote the administrator's entire time to 700 the duties of the administrator's office, shall hold no other 701 office or position of trust and profit, and shall engage in no 702 other business during the administrator's term of office. The 703 governor may grant the administrator the authority to appoint, 704 remove, and discipline without regard to sex, race, creed, color, 705 creed, gender, age, or national origin; or sexual orientation or 706 gender identity as those terms are defined in section 4112.01 of 707 the Revised Code, such other professional, administrative, and 708 clerical staff members as are necessary to carry out the functions 709 and duties of the commission.710 (B)(1) The administrator shall have exclusive authority to 711 administer the daily operation and provision of vocational 712 rehabilitation services under this chapter.713 (2) The administrator shall establish a fee schedule for 714 vocational rehabilitation services in accordance with 34 C.F.R. 715 361.50.716 Sec. 3304.50. The Ohio independent living council 717 established and appointed by the governor under the authority of 718 section 107.18 of the Revised Code and pursuant to the 719 "Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 720 U.S.C.A. 796d, shall appoint an executive director to serve at the 721 pleasure of the council and shall fix histhe executive director's722 compensation. The executive director shall not be considered a 723 public employee for purposes of Chapter 4117. of the Revised Code. 724 The council may delegate to the executive director the authority 725 to appoint, remove, and discipline, without regard to sex, race, 726 creed, color, creed, gender, age, or national origin; or sexual 727 orientation or gender identity as those terms are defined in 728 section 4112.01 of the Revised Code, such other professional, 729 administrative, and clerical staff members as are necessary to 730 carry out the functions and duties of the council.731 Sec. 3313.481. (A) With the approval of the department of 732 education, a board of education of a city, exempted village, 733 local, or joint vocational school district may operate any of its 734 schools on a schedule other than that required by section 3313.48 735 of the Revised Code in order to do any of the following:736 (1) To provide a flexible school day during which may be held 737 parent-teacher conferences and reporting periods involving time in 738 excess of that permitted to be credited toward fulfillment of the 739 minimum school year under section 3313.48 of the Revised Code;740 (2) To establish and maintain a calendar of quarters, 741 trimesters, or pentamesters;742 (3) To provide staggered attendance schedules if it receives 743 approval to do so from the department of education.744 (B) A school district operating a school under this section 745 shall have such school open for instruction for each pupil 746 enrolled in that school for at least nine hundred ten hours during 747 the school year. For purposes of determining whether a school that 748 is on a staggered attendance schedule is in compliance with this 749 section in any school year, the department of education may 750 include days the school was open for instruction with pupils in 751 attendance for not more than the first seventy days of the ensuing 752 school year provided such days are not considered as days the 753 school was open for instruction during such ensuing school year. 754 The following shall be considered as time during which the schools 755 are open for instruction for a pupil enrolled in such a school, or 756 for a pupil enrolled in a school that is not on a staggered 757 attendance schedule but that operates under this section:758 (1) Morning and afternoon recess periods of not more than 759 fifteen minutes duration per period for a pupil in grades one 760 through six;761 (2) Ten hours during which the pupil would otherwise be in 762 attendance but when he is not required to attend school in order 763 to provide time for individualized parent-teacher conferences and 764 reporting periods;765 (3) Ten hours during which the pupil would otherwise be in 766 attendance but is not required to attend school in order to 767 provide time for teachers to attend professional meetings;768 (4) The number of hours pupils would otherwise be in 769 attendance but are not required to attend because school is closed 770 as a result of a public calamity as provided in section 3317.01 of 771 the Revised Code.772 (C) No board of education shall discriminate on the basis of 773 sex, race, religion, gender, or national origin; or sexual 774 orientation or gender identity as those terms are defined in 775 section 4112.01 of the Revised Code, when assigning pupils to 776 attendance schedules pursuant to this section.777 Sec. 3314.06. The governing authority of each community 778 school established under this chapter shall adopt admission 779 procedures that specify the following:780 (A) That, except as otherwise provided in this section, 781 admission to the school shall be open to any individual age five 782 to twenty-two entitled to attend school pursuant to section 783 3313.64 or 3313.65 of the Revised Code in a school district in the 784 state.785 An individual younger than five years of age may be admitted 786 to the school in accordance with division (A)(2) of section 787 3321.01 of the Revised Code.788 (B)(1) That admission to the school may be limited to 789 students who have attained a specific grade level or are within a 790 specific age group; to students that meet a definition of 791 "at-risk," as defined in the contract; to residents of a specific 792 geographic area within the district, as defined in the contract; 793 or to separate groups of autistic students and nondisabled 794 students, as authorized in section 3314.061 of the Revised Code 795 and as defined in the contract.796 (2) For purposes of division (B)(1) of this section, 797 "at-risk" students may include those students identified as gifted 798 students under section 3324.03 of the Revised Code.799 (C) Whether enrollment is limited to students who reside in 800 the district in which the school is located or is open to 801 residents of other districts, as provided in the policy adopted 802 pursuant to the contract.803 (D)(1) That there will be no discrimination in the admission 804 of students to the school on the basis of race, creed, color, 805 creed, gender, or disability, or sex; or sexual orientation or 806 gender identity as those terms are defined in section 4112.01 of 807 the Revised Code, except that:808 (a) The governing authority may do either of the following 809 for the purpose described in division (G) of this section:810 (i) Establish a single-gender school for either sexgender;811 (ii) Establish single-gender schools for each sexgender812 under the same contract, provided substantially equal facilities 813 and learning opportunities are offered for both boys and girls. 814 Such facilities and opportunities may be offered for each sex815 gender at separate locations.816 (b) The governing authority may establish a school that 817 simultaneously serves a group of students identified as autistic 818 and a group of students who are not disabled, as authorized in 819 section 3314.061 of the Revised Code. However, unless the total 820 capacity established for the school has been filled, no student 821 with any disability shall be denied admission on the basis of that 822 disability.823 (2) That upon admission of any student with a disability, the 824 community school will comply with all federal and state laws 825 regarding the education of students with disabilities.826 (E) That the school may not limit admission to students on 827 the basis of intellectual ability, measures of achievement or 828 aptitude, or athletic ability, except that a school may limit its 829 enrollment to students as described in division (B) of this 830 section.831 (F) That the community school will admit the number of 832 students that does not exceed the capacity of the school's 833 programs, classes, grade levels, or facilities.834 (G) That the purpose of single-gender schools that are 835 established shall be to take advantage of the academic benefits 836 some students realize from single-gender instruction and 837 facilities and to offer students and parents residing in the 838 district the option of a single-gender education.839 (H) That, except as otherwise provided under division (B) of 840 this section or section 3314.061 of the Revised Code, if the 841 number of applicants exceeds the capacity restrictions of division 842 (F) of this section, students shall be admitted by lot from all 843 those submitting applications, except preference shall be given to 844 students attending the school the previous year and to students 845 who reside in the district in which the school is located. 846 Preference may be given to siblings of students attending the 847 school the previous year.848 Notwithstanding divisions (A) to (H) of this section, in the 849 event the racial composition of the enrollment of the community 850 school is violative of a federal desegregation order, the 851 community school shall take any and all corrective measures to 852 comply with the desegregation order.853 Sec. 3332.09. The state board of career colleges and schools 854 may limit, suspend, revoke, or refuse to issue or renew a 855 certificate of registration or program authorization or may impose 856 a penalty pursuant to section 3332.091 of the Revised Code for any 857 one or combination of the following causes:858 (A) Violation of any provision of sections 3332.01 to 3332.09 859 of the Revised Code, the board's minimum standards, or any rule 860 made by the board;861 (B) Furnishing of false, misleading, deceptive, altered, or 862 incomplete information or documents to the board;863 (C) The signing of an application or the holding of a 864 certificate of registration by a person who has pleaded guilty or 865 has been found guilty of a felony or has pleaded guilty or been 866 found guilty of a crime involving moral turpitude;867 (D) The signing of an application or the holding of a 868 certificate of registration by a person who is addicted to the use 869 of any controlled substance, or who is found to be mentally 870 incompetent;871 (E) Violation of any commitment made in an application for a 872 certificate of registration or program authorization;873 (F) Presenting to prospective students, either at the time of 874 solicitation or enrollment, or through advertising, mail 875 circulars, or phone solicitation, misleading, deceptive, false, or 876 fraudulent information relating to any program, employment 877 opportunity, or opportunities for enrollment in accredited 878 institutions of higher education after entering or completing 879 programs offered by the holder of a certificate of registration;880 (G) Failure to provide or maintain premises or equipment for 881 offering programs in a safe and sanitary condition;882 (H) Refusal by an agent to display the agent's permit upon 883 demand of a prospective student or other interested person;884 (I) Failure to maintain financial resources adequate for the 885 satisfactory conduct of programs as presented in the plan of 886 operation or to retain a sufficient number and qualified staff of 887 instruction, except that nothing in this chapter requires an 888 instructor to be licensed by the state board of education or to 889 hold any type of post-high school degree;890 (J) Offering training or programs other than those presented 891 in the application, except that schools may offer special courses 892 adapted to the needs of individual students when the special 893 courses are in the subject field specified in the application;894 (K) Discrimination in the acceptance of students upon the 895 basis of race, color, religion, sexgender, or national origin; or 896 sexual orientation or gender identity, as those terms are defined 897 in section 4112.01 of the Revised Code;898 (L) Accepting the services of an agent not holding a valid 899 permit issued under section 3332.10 or 3332.11 of the Revised 900 Code;901 (M) The use of monetary or other valuable consideration by 902 the school's agents or representatives to induce prospective 903 students to enroll in the school, or the practice of awarding 904 monetary or other valuable considerations without board approval 905 to students in exchange for procuring the enrollment of others;906 (N) Failure to provide at the request of the board, any 907 information, records, or files pertaining to the operation of the 908 school or recruitment and enrollment of students.909 If the board modifies or adopts additional minimum standards 910 or rules pursuant to section 3332.031 of the Revised Code, all 911 schools and agents shall have sixty days from the effective date 912 of the modifications or additional standards or rules to comply 913 with such modifications or additions.914 Sec. 3721.13. (A) The rights of residents of a home shall 915 include, but are not limited to, the following:916 (1) The right to a safe and clean living environment pursuant 917 to the medicare and medicaid programs and applicable state laws 918 and rules adopted by the director of health;919 (2) The right to be free from physical, verbal, mental, and 920 emotional abuse and to be treated at all times with courtesy, 921 respect, and full recognition of dignity and individuality;922 (3) Upon admission and thereafter, the right to adequate and 923 appropriate medical treatment and nursing care and to other 924 ancillary services that comprise necessary and appropriate care 925 consistent with the program for which the resident contracted. 926 This care shall be provided without regard to considerations such 927 as race, color, religion, age, national origin, age,; sexual 928 orientation or gender identity as those terms are defined in 929 section 4112.01 of the Revised Code; or source of payment for 930 care.931 (4) The right to have all reasonable requests and inquiries 932 responded to promptly;933 (5) The right to have clothes and bed sheets changed as the 934 need arises, to ensure the resident's comfort or sanitation;935 (6) The right to obtain from the home, upon request, the name 936 and any specialty of any physician or other person responsible for 937 the resident's care or for the coordination of care;938 (7) The right, upon request, to be assigned, within the 939 capacity of the home to make the assignment, to the staff 940 physician of the resident's choice, and the right, in accordance 941 with the rules and written policies and procedures of the home, to 942 select as the attending physician a physician who is not on the 943 staff of the home. If the cost of a physician's services is to be 944 met under a federally supported program, the physician shall meet 945 the federal laws and regulations governing such services.946 (8) The right to participate in decisions that affect the 947 resident's life, including the right to communicate with the 948 physician and employees of the home in planning the resident's 949 treatment or care and to obtain from the attending physician 950 complete and current information concerning medical condition, 951 prognosis, and treatment plan, in terms the resident can 952 reasonably be expected to understand; the right of access to all 953 information in the resident's medical record; and the right to 954 give or withhold informed consent for treatment after the 955 consequences of that choice have been carefully explained. When 956 the attending physician finds that it is not medically advisable 957 to give the information to the resident, the information shall be 958 made available to the resident's sponsor on the resident's behalf, 959 if the sponsor has a legal interest or is authorized by the 960 resident to receive the information. The home is not liable for a 961 violation of this division if the violation is found to be the 962 result of an act or omission on the part of a physician selected 963 by the resident who is not otherwise affiliated with the home.964 (9) The right to withhold payment for physician visitation if 965 the physician did not visit the resident;966 (10) The right to confidential treatment of personal and 967 medical records, and the right to approve or refuse the release of 968 these records to any individual outside the home, except in case 969 of transfer to another home, hospital, or health care system, as 970 required by law or rule, or as required by a third-party payment 971 contract;972 (11) The right to privacy during medical examination or 973 treatment and in the care of personal or bodily needs;974 (12) The right to refuse, without jeopardizing access to 975 appropriate medical care, to serve as a medical research subject;976 (13) The right to be free from physical or chemical 977 restraints or prolonged isolation except to the minimum extent 978 necessary to protect the resident from injury to self, others, or 979 to property and except as authorized in writing by the attending 980 physician for a specified and limited period of time and 981 documented in the resident's medical record. Prior to authorizing 982 the use of a physical or chemical restraint on any resident, the 983 attending physician shall make a personal examination of the 984 resident and an individualized determination of the need to use 985 the restraint on that resident.986 Physical or chemical restraints or isolation may be used in 987 an emergency situation without authorization of the attending 988 physician only to protect the resident from injury to self or 989 others. Use of the physical or chemical restraints or isolation 990 shall not be continued for more than twelve hours after the onset 991 of the emergency without personal examination and authorization by 992 the attending physician. The attending physician or a staff 993 physician may authorize continued use of physical or chemical 994 restraints for a period not to exceed thirty days, and at the end 995 of this period and any subsequent period may extend the 996 authorization for an additional period of not more than thirty 997 days. The use of physical or chemical restraints shall not be 998 continued without a personal examination of the resident and the 999 written authorization of the attending physician stating the 1000 reasons for continuing the restraint.1001 If physical or chemical restraints are used under this 1002 division, the home shall ensure that the restrained resident 1003 receives a proper diet. In no event shall physical or chemical 1004 restraints or isolation be used for punishment, incentive, or 1005 convenience.1006 (14) The right to the pharmacist of the resident's choice and 1007 the right to receive pharmaceutical supplies and services at 1008 reasonable prices not exceeding applicable and normally accepted 1009 prices for comparably packaged pharmaceutical supplies and 1010 services within the community;1011 (15) The right to exercise all civil rights, unless the 1012 resident has been adjudicated incompetent pursuant to Chapter 1013 2111. of the Revised Code and has not been restored to legal 1014 capacity, as well as the right to the cooperation of the home's 1015 administrator in making arrangements for the exercise of the right 1016 to vote;1017 (16) The right of access to opportunities that enable the 1018 resident, at the resident's own expense or at the expense of a 1019 third-party payer, to achieve the resident's fullest potential, 1020 including educational, vocational, social, recreational, and 1021 habilitation programs;1022 (17) The right to consume a reasonable amount of alcoholic 1023 beverages at the resident's own expense, unless not medically 1024 advisable as documented in the resident's medical record by the 1025 attending physician or unless contradictory to written admission 1026 policies;1027 (18) The right to use tobacco at the resident's own expense 1028 under the home's safety rules and under applicable laws and rules 1029 of the state, unless not medically advisable as documented in the 1030 resident's medical record by the attending physician or unless 1031 contradictory to written admission policies;1032 (19) The right to retire and rise in accordance with the 1033 resident's reasonable requests, if the resident does not disturb 1034 others or the posted meal schedules and upon the home's request 1035 remains in a supervised area, unless not medically advisable as 1036 documented by the attending physician;1037 (20) The right to observe religious obligations and 1038 participate in religious activities; the right to maintain 1039 individual and cultural identity; and the right to meet with and 1040 participate in activities of social and community groups at the 1041 resident's or the group's initiative;1042 (21) The right upon reasonable request to private and 1043 unrestricted communications with the resident's family, social 1044 worker, and any other person, unless not medically advisable as 1045 documented in the resident's medical record by the attending 1046 physician, except that communications with public officials or 1047 with the resident's attorney or physician shall not be restricted. 1048 Private and unrestricted communications shall include, but are not 1049 limited to, the right to:1050 (a) Receive, send, and mail sealed, unopened correspondence;1051 (b) Reasonable access to a telephone for private 1052 communications;1053 (c) Private visits at any reasonable hour.1054 (22) The right to assured privacy for visits by the spouse, 1055 or if both are residents of the same home, the right to share a 1056 room within the capacity of the home, unless not medically 1057 advisable as documented in the resident's medical record by the 1058 attending physician;1059 (23) The right upon reasonable request to have room doors 1060 closed and to have them not opened without knocking, except in the 1061 case of an emergency or unless not medically advisable as 1062 documented in the resident's medical record by the attending 1063 physician;1064 (24) The right to retain and use personal clothing and a 1065 reasonable amount of possessions, in a reasonably secure manner, 1066 unless to do so would infringe on the rights of other residents or 1067 would not be medically advisable as documented in the resident's 1068 medical record by the attending physician;1069 (25) The right to be fully informed, prior to or at the time 1070 of admission and during the resident's stay, in writing, of the 1071 basic rate charged by the home, of services available in the home, 1072 and of any additional charges related to such services, including 1073 charges for services not covered under the medicare or medicaid 1074 program. The basic rate shall not be changed unless thirty days' 1075 notice is given to the resident or, if the resident is unable to 1076 understand this information, to the resident's sponsor.1077 (26) The right of the resident and person paying for the care 1078 to examine and receive a bill at least monthly for the resident's 1079 care from the home that itemizes charges not included in the basic 1080 rates;1081 (27)(a) The right to be free from financial exploitation;1082 (b) The right to manage the resident's own personal financial 1083 affairs, or, if the resident has delegated this responsibility in 1084 writing to the home, to receive upon written request at least a 1085 quarterly accounting statement of financial transactions made on 1086 the resident's behalf. The statement shall include:1087 (i) A complete record of all funds, personal property, or 1088 possessions of a resident from any source whatsoever, that have 1089 been deposited for safekeeping with the home for use by the 1090 resident or the resident's sponsor;1091 (ii) A listing of all deposits and withdrawals transacted, 1092 which shall be substantiated by receipts which shall be available 1093 for inspection and copying by the resident or sponsor.1094 (28) The right of the resident to be allowed unrestricted 1095 access to the resident's property on deposit at reasonable hours, 1096 unless requests for access to property on deposit are so 1097 persistent, continuous, and unreasonable that they constitute a 1098 nuisance;1099 (29) The right to receive reasonable notice before the 1100 resident's room or roommate is changed, including an explanation 1101 of the reason for either change.1102 (30) The right not to be transferred or discharged from the 1103 home unless the transfer is necessary because of one of the 1104 following:1105 (a) The welfare and needs of the resident cannot be met in 1106 the home.1107 (b) The resident's health has improved sufficiently so that 1108 the resident no longer needs the services provided by the home.1109 (c) The safety of individuals in the home is endangered.1110 (d) The health of individuals in the home would otherwise be 1111 endangered.1112 (e) The resident has failed, after reasonable and appropriate 1113 notice, to pay or to have the medicare or medicaid program pay on 1114 the resident's behalf, for the care provided by the home. A 1115 resident shall not be considered to have failed to have the 1116 resident's care paid for if the resident has applied for medicaid, 1117 unless both of the following are the case:1118 (i) The resident's application, or a substantially similar 1119 previous application, has been denied by the county department of 1120 job and family services.1121 (ii) If the resident appealed the denial pursuant to division 1122 (C) of section 5101.35 of the Revised Code, the director of job 1123 and family services has upheld the denial.1124 (f) The home's license has been revoked, the home is being 1125 closed pursuant to section 3721.08, sections 5111.35 to 5111.62, 1126 or section 5155.31 of the Revised Code, or the home otherwise 1127 ceases to operate.1128 (g) The resident is a recipient of medicaid, and the home's 1129 participation in the medicaid program is involuntarily terminated 1130 or denied.1131 (h) The resident is a beneficiary under the medicare program, 1132 and the home's participation in the medicare program is 1133 involuntarily terminated or denied.1134 (31) The right to voice grievances and recommend changes in 1135 policies and services to the home's staff, to employees of the 1136 department of health, or to other persons not associated with the 1137 operation of the home, of the resident's choice, free from 1138 restraint, interference, coercion, discrimination, or reprisal. 1139 This right includes access to a residents' rights advocate, and 1140 the right to be a member of, to be active in, and to associate 1141 with persons who are active in organizations of relatives and 1142 friends of nursing home residents and other organizations engaged 1143 in assisting residents.1144 (32) The right to have any significant change in the 1145 resident's health status reported to the resident's sponsor. As 1146 soon as such a change is known to the home's staff, the home shall 1147 make a reasonable effort to notify the sponsor within twelve 1148 hours.1149 (B) A sponsor may act on a resident's behalf to assure that 1150 the home does not deny the residents' rights under sections 1151 3721.10 to 3721.17 of the Revised Code.1152 (C) Any attempted waiver of the rights listed in division (A) 1153 of this section is void.1154 Sec. 3905.55. (A) Except as provided in division (B) of this 1155 section, an agent may charge a consumer a fee if all of the 1156 following conditions are met:1157 (1) The fee is disclosed to the consumer in a manner that 1158 separately identifies the fee and the premium.1159 (2) The fee is not calculated as a percentage of the premium.1160 (3) The fee is not refunded, forgiven, waived, offset, or 1161 reduced by any commission earned or received for any policy or 1162 coverage sold.1163 (4) The amount of the fee, and the consumer's obligation to 1164 pay the fee, are not conditioned upon the occurrence of a future 1165 event or condition, such as the purchase, cancellation, lapse, 1166 declination, or nonrenewal of insurance.1167 (5) The agent discloses to the consumer that the fee is being 1168 charged by the agent and not by the insurance company, that 1169 neither state law nor the insurance company requires the agent to 1170 charge the fee, and that the fee is not refundable.1171 (6) The consumer consents to the fee.1172 (7) The agent, in charging the fee, does not discriminate on 1173 the basis of race, sexreligion, gender, age, national origin, 1174 religion, disabilitymarital status, health status, age, marital 1175 status,or geographic location; or disability, sexual orientation, 1176 gender identity, or military status, as those terms are defined in 1177 section 4112.01 of the Revised Code, or geographic location, and 1178 does not unfairly discriminate between persons of essentially the 1179 same class and of essentially the same hazard or expectation of 1180 life.1181 (B) A fee may not be charged for taking or submitting an 1182 initial application for coverage with any one insurer or different 1183 programs with the same insurer, or processing a change to an 1184 existing policy, a cancellation, a claim, or a renewal, in 1185 connection with any of the following personal lines policies:1186 (1) Private passenger automobile;1187 (2) Homeowners, including coverage for tenants or condominium 1188 owners, owner-occupied fire or dwelling property coverage, 1189 personal umbrella liability, or any other personal lines-related 1190 coverage whether sold as a separate policy or as an endorsement to 1191 another personal lines policy;1192 (3) Individual life insurance;1193 (4) Individual sickness or accident insurance;1194 (5) Disability income policies;1195 (6) Credit insurance products.1196 (C) Notwithstanding any other provision of this section, an 1197 agent may charge a fee for agent services in connection with a 1198 policy issued on a no-commission basis, if the agent provides the 1199 consumer with prior disclosure of the fee and of the services to 1200 be provided.1201 (D) In the event of a dispute between an agent and a consumer 1202 regarding any disclosure required by this section, the agent has 1203 the burden of proving that the disclosure was made.1204 (E)(1) No person shall fail to comply with this section.1205 (2) Whoever violates division (E)(1) of this section is 1206 deemed to have engaged in an unfair and deceptive act or practice 1207 in the business of insurance under sections 3901.19 to 3901.26 of 1208 the Revised Code.1209 (F) This section does not apply with respect to any expense 1210 fee charged by a surety bail bond agent to cover the costs 1211 incurred by the surety bail bond agent in executing the bail bond.1212 Sec. 4111.17. (A) No employer, including the state and 1213 political subdivisions thereof, shall discriminate in the payment 1214 of wages on the basis of race, color, religion, sexgender, age, 1215 ancestry, or national origin, or ancestry; or sexual orientation 1216 or gender identity as those terms are defined in section 4112.01 1217 of the Revised Code, by paying wages to any employee at a rate 1218 less than the rate at which the employer pays wages to another 1219 employee for equal work on jobs the performance of which requires 1220 equal skill, effort, and responsibility, and which are performed 1221 under similar conditions.1222 (B) Nothing in this section prohibits an employer from paying 1223 wages to one employee at a rate different from that at which the 1224 employer pays another employee for the performance of equal work 1225 under similar conditions on jobs requiring equal skill, effort, 1226 and responsibility, when the payment is made pursuant to any of 1227 the following:1228 (1) A seniority system;1229 (2) A merit system;1230 (3) A system which measures earnings by the quantity or 1231 quality of production;1232 (4) A wage rate differential determined by any factor other 1233 than race, color, religion, sexgender, age, ancestry, or national 1234 origin, or ancestry; or sexual orientation or gender identity as 1235 those terms are defined in section 4112.01 of the Revised Code.1236 (C) No employer shall reduce the wage rate of any employee in 1237 order to comply with this section.1238 (D) The director of commerce shall carry out, administer, and 1239 enforce this section. Any employee discriminated against in 1240 violation of this section may sue in any court of competent 1241 jurisdiction to recover two times the amount of the difference 1242 between the wages actually received and the wages received by a 1243 person performing equal work for the employer, from the date of 1244 the commencement of the violation, and for costs, including 1245 attorney fees. The director may take an assignment of any such 1246 wage claim in trust for such employee and sue in the employee's 1247 behalf. In any civil action under this section, two or more 1248 employees of the same employer may join as co-plaintiffs in one 1249 action. The director may sue in one action for claims assigned to 1250 the director by two or more employees of the same employer. No 1251 agreement to work for a discriminatory wage constitutes a defense 1252 for any civil or criminal action to enforce this section. No 1253 employer shall discriminate against any employee because such 1254 employee makes a complaint or institutes, or testifies in, any 1255 proceeding under this section.1256 (E) Any action arising under this section shall be initiated 1257 within one year after the date of violation.1258 Sec. 4112.01. (A) As used in this chapter:1259 (1) "Person" includes one or more individuals, partnerships, 1260 associations, organizations, corporations, legal representatives, 1261 trustees, trustees in bankruptcy, receivers, and other organized 1262 groups of persons. "Person" also includes, but is not limited to, 1263 any owner, lessor, assignor, builder, manager, broker, 1264 salesperson, appraiser, agent, employee, lending institution, and 1265 the state and all political subdivisions, authorities, agencies, 1266 boards, and commissions of the state.1267 (2) "Employer" includes the state, any political subdivision 1268 of the state, any person employing four or more persons within the 1269 state, and any person acting directly or indirectly in the 1270 interest of an employer, except that for purposes of 1271 discrimination based upon sexual orientation or gender identity, 1272 "employer" includes the state, any political subdivision of the 1273 state, any person employing fifteen or more persons within the 1274 state, and any person acting directly or indirectly in the 1275 interest of an employer.1276 (3) "Employee" means an individual employed by any employer 1277 but does not include any individual employed in the domestic 1278 service of any person.1279 (4) "Labor organization" includes any organization that 1280 exists, in whole or in part, for the purpose of collective 1281 bargaining or of dealing with employers concerning grievances, 1282 terms or conditions of employment, or other mutual aid or 1283 protection in relation to employment.1284 (5) "Employment agency" includes any person regularly 1285 undertaking, with or without compensation, to procure 1286 opportunities to work or to procure, recruit, refer, or place 1287 employees.1288 (6) "Commission" means the Ohio civil rights commission 1289 created by section 4112.03 of the Revised Code.1290 (7) "Discriminate" includes segregate or separate.1291 (8) "Unlawful discriminatory practice" means any act 1292 prohibited by section 4112.02, 4112.021, or 4112.022 of the 1293 Revised Code.1294 (9) "Place of public accommodation" means any inn, 1295 restaurant, eating house, barbershop, public conveyance by air, 1296 land, or water, theater, store, other place for the sale of 1297 merchandise, or any other place of public accommodation or 1298 amusement of which the accommodations, advantages, facilities, or 1299 privileges are available to the public.1300 (10) "Housing accommodations" includes any building or 1301 structure, or portion of a building or structure, that is used or 1302 occupied or is intended, arranged, or designed to be used or 1303 occupied as the home residence, dwelling, dwelling unit, or 1304 sleeping place of one or more individuals, groups, or families 1305 whether or not living independently of each other; and any vacant 1306 land offered for sale or lease. "Housing accommodations" also 1307 includes any housing accommodations held or offered for sale or 1308 rent by a real estate broker, salesperson, or agent, by any other 1309 person pursuant to authorization of the owner, by the owner, or by 1310 the owner's legal representative.1311 (11) "Restrictive covenant" means any specification limiting 1312 the transfer, rental, lease, or other use of any housing 1313 accommodations because of race, color, religion, sexgender, 1314 military status, familial status, national origin, disability, or1315 ancestry, national origin, familial status, disability, sexual 1316 orientation, gender identity, or military status, or any 1317 limitation based upon affiliation with or approval by any person, 1318 directly or indirectly, employing race, color, religion, sex1319 gender, military status, familial status, national origin, 1320 disability, or ancestry,national origin, familial status, 1321 disability, sexual orientation, gender identity, or military 1322 status as a condition of affiliation or approval.1323 (12) "Burial lot" means any lot for the burial of deceased 1324 persons within any public burial ground or cemetery, including, 1325 but not limited to, cemeteries owned and operated by municipal 1326 corporations, townships, or companies or associations incorporated 1327 for cemetery purposes.1328 (13) "Disability" means a physical or mental impairment that 1329 substantially limits one or more major life activities, including 1330 the functions of caring for one's self, performing manual tasks, 1331 walking, seeing, hearing, speaking, breathing, learning, and 1332 working; a record of a physical or mental impairment; or being 1333 regarded as having a physical or mental impairment.1334 (14) Except as otherwise provided in section 4112.021 of the 1335 Revised Code, "age" means at least forty years old.1336 (15) "Familial status" means either of the following:1337 (a) One or more individuals who are under eighteen years of 1338 age and who are domiciled with a parent or guardian having legal 1339 custody of the individual or domiciled, with the written 1340 permission of the parent or guardian having legal custody, with a 1341 designee of the parent or guardian;1342 (b) Any person who is pregnant or in the process of securing 1343 legal custody of any individual who is under eighteen years of 1344 age.1345 (16)(a) Except as provided in division (A)(16)(b) of this 1346 section, "physical or mental impairment" includes any of the 1347 following:1348 (i) Any physiological disorder or condition, cosmetic 1349 disfigurement, or anatomical loss affecting one or more of the 1350 following body systems: neurological; musculoskeletal; special 1351 sense organs; respiratory, including speech organs; 1352 cardiovascular; reproductive; digestive; genito-urinary; hemic and 1353 lymphatic; skin; and endocrine;1354 (ii) Any mental or psychological disorder, including, but not 1355 limited to, mental retardation, organic brain syndrome, emotional 1356 or mental illness, and specific learning disabilities;1357 (iii) Diseases and conditions, including, but not limited to, 1358 orthopedic, visual, speech, and hearing impairments, cerebral 1359 palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 1360 cancer, heart disease, diabetes, human immunodeficiency virus 1361 infection, mental retardation, emotional illness, drug addiction, 1362 and alcoholism.1363 (b) "Physical or mental impairment" does not include any of 1364 the following:1365 (i) Homosexuality and bisexualityMental conditions not 1366 included in the diagnostic and statistical manual of mental 1367 disorders published by the American psychiatric association or its 1368 successor publication;1369 (ii) Transvestism, transsexualism, pedophiliaPedophilia, 1370 exhibitionism, voyeurism, gender identity disorders not resulting 1371 from physical impairments, or other sexual behavior disorders with 1372 corresponding criminal behavior;1373 (iii) Compulsive gambling, kleptomania, or pyromania;1374 (iv) Psychoactive substance use disorders resulting from the 1375 current illegal use of a controlled substance or the current use 1376 of alcoholic beverages.1377 (17) "Dwelling unit" means a single unit of residence for a 1378 family of one or more persons.1379 (18) "Common use areas" means rooms, spaces, or elements 1380 inside or outside a building that are made available for the use 1381 of residents of the building or their guests, and includes, but is 1382 not limited to, hallways, lounges, lobbies, laundry rooms, refuse 1383 rooms, mail rooms, recreational areas, and passageways among and 1384 between buildings.1385 (19) "Public use areas" means interior or exterior rooms or 1386 spaces of a privately or publicly owned building that are made 1387 available to the general public.1388 (20) "Controlled substance" has the same meaning as in 1389 section 3719.01 of the Revised Code.1390 (21) "Disabled tenant" means a tenant or prospective tenant 1391 who is a person with a disability.1392 (22) "Military status" means a person's status in "service in 1393 the uniformed services" as defined in section 5923.05 of the 1394 Revised Code.1395 (23) "Aggrieved person" includes both of the following:1396 (a) Any person who claims to have been injured by any 1397 unlawful discriminatory practice described in division (H) of 1398 section 4112.02 of the Revised Code;1399 (b) Any person who believes that the person will be injured 1400 by, any unlawful discriminatory practice described in division (H) 1401 of section 4112.02 of the Revised Code that is about to occur.1402 (24) "Sexual orientation" means actual or perceived, 1403 heterosexuality, homosexuality, or bisexuality.1404 (25) "Gender identity" means the gender-related identity, 1405 appearance, or mannerisms or other gender-related characteristics 1406 of an individual, with or without regard to the individual's 1407 designated gender at birth.1408 (B) For the purposes of divisions (A) to (F) of section 1409 4112.02 of the Revised Code, the terms "because of sexgender" and 1410 "on the basis of sexgender" include, but are not limited to, 1411 because of or on the basis of pregnancy, any illness arising out 1412 of and occurring during the course of a pregnancy, childbirth, or 1413 related medical conditions. Women affected by pregnancy, 1414 childbirth, or related medical conditions shall be treated the 1415 same for all employment-related purposes, including receipt of 1416 benefits under fringe benefit programs, as other persons not so 1417 affected but similar in their ability or inability to work, and 1418 nothing in division (B) of section 4111.17 of the Revised Code 1419 shall be interpreted to permit otherwise. This division shall not 1420 be construed to require an employer to pay for health insurance 1421 benefits for abortion, except where the life of the mother would 1422 be endangered if the fetus were carried to term or except where 1423 medical complications have arisen from the abortion, provided that 1424 nothing in this division precludes an employer from providing 1425 abortion benefits or otherwise affects bargaining agreements in 1426 regard to abortion.1427 Sec. 4112.02. It shall be an unlawful discriminatory 1428 practice:1429 (A) For any employer, because of the race, color, religion, 1430 sexgender, age, ancestry, national origin, disability, sexual 1431 orientation, gender identity, or military status, national origin, 1432 disability, age, or ancestry of any person, to discharge without 1433 just cause, to refuse to hire, or otherwise to discriminate 1434 against that person with respect to hire, tenure, terms, 1435 conditions, or privileges of employment, or any matter directly or 1436 indirectly related to employment.1437 (B) For an employment agency or personnel placement service, 1438 because of race, color, religion, sexgender, age, ancestry, 1439 national origin, disability, sexual orientation, gender identity, 1440 or military status, national origin, disability, age, or ancestry, 1441 to do any of the following:1442 (1) Refuse or fail to accept, register, classify properly, or 1443 refer for employment, or otherwise discriminate against any 1444 person;1445 (2) Comply with a request from an employer for referral of 1446 applicants for employment if the request directly or indirectly 1447 indicates that the employer fails to comply with the provisions of 1448 sections 4112.01 to 4112.07 of the Revised Code.1449 (C) For any labor organization to do any of the following:1450 (1) Limit or classify its membership on the basis of race, 1451 color, religion, sexgender, age, ancestry, national origin, 1452 disability, sexual orientation, gender identity, or military 1453 status, national origin, disability, age, or ancestry;1454 (2) Discriminate against, limit the employment opportunities 1455 of, or otherwise adversely affect the employment status, wages, 1456 hours, or employment conditions of any person as an employee 1457 because of race, color, religion, sexgender, age, ancestry, 1458 national origin, disability, sexual orientation, gender identity, 1459 or military status, national origin, disability, age, or ancestry.1460 (D) For any employer, labor organization, or joint 1461 labor-management committee controlling apprentice training 1462 programs to discriminate against any person because of race, 1463 color, religion, sexgender, ancestry, national origin, 1464 disability, sexual orientation, gender identity, or military 1465 status, national origin, disability, or ancestry in admission to, 1466 or employment in, any program established to provide apprentice 1467 training.1468 (E) Except where based on a bona fide occupational 1469 qualification certified in advance by the commission, for any 1470 employer, employment agency, personnel placement service, or labor 1471 organization, prior to employment or admission to membership, to 1472 do any of the following:1473 (1) Elicit or attempt to elicit any information concerning 1474 the race, color, religion, sexgender, age, ancestry, national 1475 origin, disability, sexual orientation, gender identity, or1476 military status, national origin, disability, age, or ancestry of 1477 an applicant for employment or membership;1478 (2) Make or keep a record of the race, color, religion, sex1479 gender, age, ancestry, national origin, disability, sexual 1480 orientation, gender identity, or military status, national origin, 1481 disability, age, or ancestry of any applicant for employment or 1482 membership;1483 (3) Use any form of application for employment, or personnel 1484 or membership blank, seeking to elicit information regarding race, 1485 color, religion, sexgender, age, ancestry, national origin, 1486 disability, sexual orientation, gender identity, or military 1487 status, national origin, disability, age, or ancestry; but an 1488 employer holding a contract containing a nondiscrimination clause 1489 with the government of the United States, or any department or 1490 agency of that government, may require an employee or applicant 1491 for employment to furnish documentary proof of United States 1492 citizenship and may retain that proof in the employer's personnel 1493 records and may use photographic or fingerprint identification for 1494 security purposes;1495 (4) Print or publish or cause to be printed or published any 1496 notice or advertisement relating to employment or membership 1497 indicating any preference, limitation, specification, or 1498 discrimination, based upon race, color, religion, sexgender, 1499 age, ancestry, national origin, disability, sexual orientation, 1500 gender identity, or military status, national origin, disability, 1501 age, or ancestry;1502 (5) Announce or follow a policy of denying or limiting, 1503 through a quota system or otherwise, employment or membership 1504 opportunities of any group because of the race, color, religion, 1505 sexgender, age, ancestry, national origin, disability, sexual 1506 orientation, gender identity, or military status, national origin, 1507 disability, age, or ancestry of that group;1508 (6) Utilize in the recruitment or hiring of persons any 1509 employment agency, personnel placement service, training school or 1510 center, labor organization, or any other employee-referring source 1511 known to discriminate against persons because of their race, 1512 color, religion, sexgender, age, ancestry, national origin, 1513 disability, sexual orientation, gender identity, or military 1514 status, national origin, disability, age, or ancestry.1515 (F) For any person seeking employment to publish or cause to 1516 be published any advertisement that specifies or in any manner 1517 indicates that person's race, color, religion, sexgender, age, 1518 ancestry, national origin, disability, sexual orientation, gender 1519 identity, or military status, national origin, disability, age, or 1520 ancestry, or expresses a limitation or preference as to the race, 1521 color, religion, sexgender, age, ancestry, national origin, 1522 disability, sexual orientation, gender identity, or military 1523 status, national origin, disability, age, or ancestry of any 1524 prospective employer.1525 (G) For any proprietor or any employee, keeper, or manager of 1526 a place of public accommodation to deny to any person, except for 1527 reasons applicable alike to all persons regardless of race, color, 1528 religion, sexgender, age, ancestry, national origin, disability, 1529 sexual orientation, gender identity, or military status, national 1530 origin, disability, age, or ancestry, the full enjoyment of the 1531 accommodations, advantages, facilities, or privileges of the place 1532 of public accommodation.1533 (H) For any person to do any of the following:1534 (1) Refuse to sell, transfer, assign, rent, lease, sublease, 1535 or finance housing accommodations, refuse to negotiate for the 1536 sale or rental of housing accommodations, or otherwise deny or 1537 make unavailable housing accommodations because of race, color, 1538 religion, sexgender, ancestry, national origin, familial status, 1539 disability, sexual orientation, gender identity, or military 1540 status, familial status, ancestry, disability, or national origin;1541 (2) Represent to any person that housing accommodations are 1542 not available for inspection, sale, or rental, when in fact they 1543 are available, because of race, color, religion, sexgender, 1544 ancestry, national origin, familial status, disability, sexual 1545 orientation, gender identity, or military status, familial status, 1546 ancestry, disability, or national origin;1547 (3) Discriminate against any person in the making or 1548 purchasing of loans or the provision of other financial assistance 1549 for the acquisition, construction, rehabilitation, repair, or 1550 maintenance of housing accommodations, or any person in the making 1551 or purchasing of loans or the provision of other financial 1552 assistance that is secured by residential real estate, because of 1553 race, color, religion, sexgender, ancestry, national origin, 1554 familial status, disability, sexual orientation, gender identity, 1555 or military status, familial status, ancestry, disability, or 1556 national origin or because of the racial composition of the 1557 neighborhood in which the housing accommodations are located, 1558 provided that the person, whether an individual, corporation, or 1559 association of any type, lends money as one of the principal 1560 aspects or incident to the person's principal business and not 1561 only as a part of the purchase price of an owner-occupied 1562 residence the person is selling nor merely casually or 1563 occasionally to a relative or friend;1564 (4) Discriminate against any person in the terms or 1565 conditions of selling, transferring, assigning, renting, leasing, 1566 or subleasing any housing accommodations or in furnishing 1567 facilities, services, or privileges in connection with the 1568 ownership, occupancy, or use of any housing accommodations, 1569 including the sale of fire, extended coverage, or homeowners 1570 insurance, because of race, color, religion, sexgender, ancestry, 1571 national origin, familial status, disability, sexual orientation, 1572 gender identity, or military status, familial status, ancestry, 1573 disability, or national origin or because of the racial 1574 composition of the neighborhood in which the housing 1575 accommodations are located;1576 (5) Discriminate against any person in the terms or 1577 conditions of any loan of money, whether or not secured by 1578 mortgage or otherwise, for the acquisition, construction, 1579 rehabilitation, repair, or maintenance of housing accommodations 1580 because of race, color, religion, sexgender, ancestry, national 1581 origin, familial status, disability, sexual orientation, gender 1582 identity, or military status, familial status, ancestry, 1583 disability, or national origin or because of the racial 1584 composition of the neighborhood in which the housing 1585 accommodations are located;1586 (6) Refuse to consider without prejudice the combined income 1587 of both husband and wife for the purpose of extending mortgage 1588 credit to a married couple or either member of a married couple;1589 (7) Print, publish, or circulate any statement or 1590 advertisement, or make or cause to be made any statement or 1591 advertisement, relating to the sale, transfer, assignment, rental, 1592 lease, sublease, or acquisition of any housing accommodations, or 1593 relating to the loan of money, whether or not secured by mortgage 1594 or otherwise, for the acquisition, construction, rehabilitation, 1595 repair, or maintenance of housing accommodations, that indicates 1596 any preference, limitation, specification, or discrimination based 1597 upon race, color, religion, sexgender, ancestry, national origin, 1598 familial status, disability, sexual orientation, gender identity, 1599 or military status, familial status, ancestry, disability, or 1600 national origin, or an intention to make any such preference, 1601 limitation, specification, or discrimination;1602 (8) Except as otherwise provided in division (H)(8) or (17) 1603 of this section, make any inquiry, elicit any information, make or 1604 keep any record, or use any form of application containing 1605 questions or entries concerning race, color, religion, sexgender, 1606 ancestry, national origin, familial status, disability, sexual 1607 orientation, gender identity, or military status, familial status, 1608 ancestry, disability, or national origin in connection with the 1609 sale or lease of any housing accommodations or the loan of any 1610 money, whether or not secured by mortgage or otherwise, for the 1611 acquisition, construction, rehabilitation, repair, or maintenance 1612 of housing accommodations. Any person may make inquiries, and make 1613 and keep records, concerning race, color, religion, sexgender, 1614 ancestry, national origin, familial status, disability, sexual 1615 orientation, gender identity, or military status, familial status, 1616 ancestry, disability, or national origin for the purpose of 1617 monitoring compliance with this chapter.1618 (9) Include in any transfer, rental, or lease of housing 1619 accommodations any restrictive covenant, or honor or exercise, or 1620 attempt to honor or exercise, any restrictive covenant;1621 (10) Induce or solicit, or attempt to induce or solicit, a 1622 housing accommodations listing, sale, or transaction by 1623 representing that a change has occurred or may occur with respect 1624 to the racial, religious, sexualgender, familial status, sexual 1625 orientation, gender identity, military status, familial status, or 1626 ethnic composition of the block, neighborhood, or other area in 1627 which the housing accommodations are located, or induce or 1628 solicit, or attempt to induce or solicit, a housing accommodations 1629 listing, sale, or transaction by representing that the presence or 1630 anticipated presence of persons of any race, color, religion, sex1631 gender, ancestry, national origin, familial status, disability, 1632 sexual orientation, gender identity, or military status, familial 1633 status, ancestry, disability, or national origin, in the block, 1634 neighborhood, or other area will or may have results including, 1635 but not limited to, the following:1636 (a) The lowering of property values;1637 (b) A change in the racial, religious, sexualgender, 1638 familial status, sexual orientation, gender identity, military 1639 status, familial status, or ethnic composition of the block, 1640 neighborhood, or other area;1641 (c) An increase in criminal or antisocial behavior in the 1642 block, neighborhood, or other area;1643 (d) A decline in the quality of the schools serving the 1644 block, neighborhood, or other area.1645 (11) Deny any person access to or membership or participation 1646 in any multiple-listing service, real estate brokers' 1647 organization, or other service, organization, or facility relating 1648 to the business of selling or renting housing accommodations, or 1649 discriminate against any person in the terms or conditions of that 1650 access, membership, or participation, on account of race, color, 1651 religion, sexgender, ancestry, national origin, familial status, 1652 disability, sexual orientation, gender identity, or military 1653 status, familial status, national origin, disability, or ancestry;1654 (12) Coerce, intimidate, threaten, or interfere with any 1655 person in the exercise or enjoyment of, or on account of that 1656 person's having exercised or enjoyed or having aided or encouraged 1657 any other person in the exercise or enjoyment of, any right 1658 granted or protected by division (H) of this section;1659 (13) Discourage or attempt to discourage the purchase by a 1660 prospective purchaser of housing accommodations, by representing 1661 that any block, neighborhood, or other area has undergone or might 1662 undergo a change with respect to its racial, religious, racial, 1663 sexualgender, familial status, sexual orientation, gender 1664 identity, military status, familial status, or ethnic 1665 composition;1666 (14) Refuse to sell, transfer, assign, rent, lease, sublease, 1667 or finance, or otherwise deny or withhold, a burial lot from any 1668 person because of the race, color, sexgender, age, ancestry, 1669 national origin, familial status, disability, sexual orientation, 1670 gender identity, or military status, familial status, age, 1671 ancestry, disability, or national origin of any prospective owner 1672 or user of the lot;1673 (15) Discriminate in the sale or rental of, or otherwise make 1674 unavailable or deny, housing accommodations to any buyer or renter 1675 because of a disability of any of the following:1676 (a) The buyer or renter;1677 (b) A person residing in or intending to reside in the 1678 housing accommodations after they are sold, rented, or made 1679 available;1680 (c) Any individual associated with the person described in 1681 division (H)(15)(b) of this section.1682 (16) Discriminate in the terms, conditions, or privileges of 1683 the sale or rental of housing accommodations to any person or in 1684 the provision of services or facilities to any person in 1685 connection with the housing accommodations because of a disability 1686 of any of the following:1687 (a) That person;1688 (b) A person residing in or intending to reside in the 1689 housing accommodations after they are sold, rented, or made 1690 available;1691 (c) Any individual associated with the person described in 1692 division (H)(16)(b) of this section.1693 (17) Except as otherwise provided in division (H)(17) of this 1694 section, make an inquiry to determine whether an applicant for the 1695 sale or rental of housing accommodations, a person residing in or 1696 intending to reside in the housing accommodations after they are 1697 sold, rented, or made available, or any individual associated with 1698 that person has a disability, or make an inquiry to determine the 1699 nature or severity of a disability of the applicant or such a 1700 person or individual. The following inquiries may be made of all 1701 applicants for the sale or rental of housing accommodations, 1702 regardless of whether they have disabilities:1703 (a) An inquiry into an applicant's ability to meet the 1704 requirements of ownership or tenancy;1705 (b) An inquiry to determine whether an applicant is qualified 1706 for housing accommodations available only to persons with 1707 disabilities or persons with a particular type of disability;1708 (c) An inquiry to determine whether an applicant is qualified 1709 for a priority available to persons with disabilities or persons 1710 with a particular type of disability;1711 (d) An inquiry to determine whether an applicant currently 1712 uses a controlled substance in violation of section 2925.11 of the 1713 Revised Code or a substantively comparable municipal ordinance;1714 (e) An inquiry to determine whether an applicant at any time 1715 has been convicted of or pleaded guilty to any offense, an element 1716 of which is the illegal sale, offer to sell, cultivation, 1717 manufacture, other production, shipment, transportation, delivery, 1718 or other distribution of a controlled substance.1719 (18)(a) Refuse to permit, at the expense of a person with a 1720 disability, reasonable modifications of existing housing 1721 accommodations that are occupied or to be occupied by the person 1722 with a disability, if the modifications may be necessary to afford 1723 the person with a disability full enjoyment of the housing 1724 accommodations. This division does not preclude a landlord of 1725 housing accommodations that are rented or to be rented to a 1726 disabled tenant from conditioning permission for a proposed 1727 modification upon the disabled tenant's doing one or more of the 1728 following:1729 (i) Providing a reasonable description of the proposed 1730 modification and reasonable assurances that the proposed 1731 modification will be made in a workerlike manner and that any 1732 required building permits will be obtained prior to the 1733 commencement of the proposed modification;1734 (ii) Agreeing to restore at the end of the tenancy the 1735 interior of the housing accommodations to the condition they were 1736 in prior to the proposed modification, but subject to reasonable 1737 wear and tear during the period of occupancy, if it is reasonable 1738 for the landlord to condition permission for the proposed 1739 modification upon the agreement;1740 (iii) Paying into an interest-bearing escrow account that is 1741 in the landlord's name, over a reasonable period of time, a 1742 reasonable amount of money not to exceed the projected costs at 1743 the end of the tenancy of the restoration of the interior of the 1744 housing accommodations to the condition they were in prior to the 1745 proposed modification, but subject to reasonable wear and tear 1746 during the period of occupancy, if the landlord finds the account 1747 reasonably necessary to ensure the availability of funds for the 1748 restoration work. The interest earned in connection with an escrow 1749 account described in this division shall accrue to the benefit of 1750 the disabled tenant who makes payments into the account.1751 (b) A landlord shall not condition permission for a proposed 1752 modification upon a disabled tenant's payment of a security 1753 deposit that exceeds the customarily required security deposit of 1754 all tenants of the particular housing accommodations.1755 (19) Refuse to make reasonable accommodations in rules, 1756 policies, practices, or services when necessary to afford a person 1757 with a disability equal opportunity to use and enjoy a dwelling 1758 unit, including associated public and common use areas;1759 (20) Fail to comply with the standards and rules adopted 1760 under division (A) of section 3781.111 of the Revised Code;1761 (21) Discriminate against any person in the selling, 1762 brokering, or appraising of real property because of race, color, 1763 religion, sexgender, ancestry, national origin, familial status, 1764 disability, sexual orientation, gender identity, or military 1765 status, familial status, ancestry, disability, or national origin;1766 (22) Fail to design and construct covered multifamily 1767 dwellings for first occupancy on or after June 30, 1992, in 1768 accordance with the following conditions:1769 (a) The dwellings shall have at least one building entrance 1770 on an accessible route, unless it is impractical to do so because 1771 of the terrain or unusual characteristics of the site.1772 (b) With respect to dwellings that have a building entrance 1773 on an accessible route, all of the following apply:1774 (i) The public use areas and common use areas of the 1775 dwellings shall be readily accessible to and usable by persons 1776 with a disability.1777 (ii) All the doors designed to allow passage into and within 1778 all premises shall be sufficiently wide to allow passage by 1779 persons with a disability who are in wheelchairs.1780 (iii) All premises within covered multifamily dwelling units 1781 shall contain an accessible route into and through the dwelling; 1782 all light switches, electrical outlets, thermostats, and other 1783 environmental controls within such units shall be in accessible 1784 locations; the bathroom walls within such units shall contain 1785 reinforcements to allow later installation of grab bars; and the 1786 kitchens and bathrooms within such units shall be designed and 1787 constructed in a manner that enables an individual in a wheelchair 1788 to maneuver about such rooms.1789 For purposes of division (H)(22) of this section, "covered 1790 multifamily dwellings" means buildings consisting of four or more 1791 units if such buildings have one or more elevators and ground 1792 floor units in other buildings consisting of four or more units.1793 (I) For any person to discriminate in any manner against any 1794 other person because that person has opposed any unlawful 1795 discriminatory practice defined in this section or because that 1796 person has made a charge, testified, assisted, or participated in 1797 any manner in any investigation, proceeding, or hearing under 1798 sections 4112.01 to 4112.07 of the Revised Code.1799 (J) For any person to aid, abet, incite, compel, or coerce 1800 the doing of any act declared by this section to be an unlawful 1801 discriminatory practice, to obstruct or prevent any person from 1802 complying with this chapter or any order issued under it, or to 1803 attempt directly or indirectly to commit any act declared by this 1804 section to be an unlawful discriminatory practice.1805 (K)(1) Nothing in division (H) of this section shall bar any 1806 religious or denominational institution or organization, or any 1807 nonprofit charitable or educational organization that is operated, 1808 supervised, or controlled by or in connection with a religious 1809 organization, from limiting the sale, rental, or occupancy of 1810 housing accommodations that it owns or operates for other than a 1811 commercial purpose to persons of the same religion, or from giving 1812 preference in the sale, rental, or occupancy of such housing 1813 accommodations to persons of the same religion, unless membership 1814 in the religion is restricted on account of race, color, or 1815 national origin.1816 (2) Nothing in division (H) of this section shall bar any 1817 bona fide private or fraternal organization that, incidental to 1818 its primary purpose, owns or operates lodgings for other than a 1819 commercial purpose, from limiting the rental or occupancy of the 1820 lodgings to its members or from giving preference to its members.1821 (3) Nothing in division (H) of this section limits the 1822 applicability of any reasonable local, state, or federal 1823 restrictions regarding the maximum number of occupants permitted 1824 to occupy housing accommodations. Nothing in that division 1825 prohibits the owners or managers of housing accommodations from 1826 implementing reasonable occupancy standards based on the number 1827 and size of sleeping areas or bedrooms and the overall size of a 1828 dwelling unit, provided that the standards are not implemented to 1829 circumvent the purposes of this chapter and are formulated, 1830 implemented, and interpreted in a manner consistent with this 1831 chapter and any applicable local, state, or federal restrictions 1832 regarding the maximum number of occupants permitted to occupy 1833 housing accommodations.1834 (4) Nothing in division (H) of this section requires that 1835 housing accommodations be made available to an individual whose 1836 tenancy would constitute a direct threat to the health or safety 1837 of other individuals or whose tenancy would result in substantial 1838 physical damage to the property of others.1839 (5) Nothing in division (H) of this section pertaining to 1840 discrimination on the basis of familial status shall be construed 1841 to apply to any of the following:1842 (a) Housing accommodations provided under any state or 1843 federal program that have been determined under the "Fair Housing 1844 Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 1845 amended, to be specifically designed and operated to assist 1846 elderly persons;1847 (b) Housing accommodations intended for and solely occupied 1848 by persons who are sixty-two years of age or older;1849 (c) Housing accommodations intended and operated for 1850 occupancy by at least one person who is fifty-five years of age or 1851 older per unit, as determined under the "Fair Housing Amendments 1852 Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.1853 (L) Nothing in divisions (A) to (E) of this section shall be 1854 construed to require a person with a disability to be employed or 1855 trained under circumstances that would significantly increase the 1856 occupational hazards affecting either the person with a 1857 disability, other employees, the general public, or the facilities 1858 in which the work is to be performed, or to require the employment 1859 or training of a person with a disability in a job that requires 1860 the person with a disability routinely to undertake any task, the 1861 performance of which is substantially and inherently impaired by 1862 the person's disability.1863 (M) Nothing in divisions (H)(1) to (18) of this section shall 1864 be construed to require any person selling or renting property to 1865 modify the property in any way or to exercise a higher degree of 1866 care for a person with a disability, to relieve any person with a 1867 disability of any obligation generally imposed on all persons 1868 regardless of disability in a written lease, rental agreement, or 1869 contract of purchase or sale, or to forbid distinctions based on 1870 the inability to fulfill the terms and conditions, including 1871 financial obligations, of the lease, agreement, or contract.1872 (N) An aggrieved individual may enforce the individual's 1873 rights relative to discrimination on the basis of age as provided 1874 for in this section by instituting a civil action, within one 1875 hundred eighty days after the alleged unlawful discriminatory 1876 practice occurred, in any court with jurisdiction for any legal or 1877 equitable relief that will effectuate the individual's rights.1878 A person who files a civil action under this division is 1879 barred, with respect to the practices complained of, from 1880 instituting a civil action under section 4112.14 of the Revised 1881 Code and from filing a charge with the commission under section 1882 4112.05 of the Revised Code.1883 (O) With regard to age, it shall not be an unlawful 1884 discriminatory practice and it shall not constitute a violation of 1885 division (A) of section 4112.14 of the Revised Code for any 1886 employer, employment agency, joint labor-management committee 1887 controlling apprenticeship training programs, or labor 1888 organization to do any of the following:1889 (1) Establish bona fide employment qualifications reasonably 1890 related to the particular business or occupation that may include 1891 standards for skill, aptitude, physical capability, intelligence, 1892 education, maturation, and experience;1893 (2) Observe the terms of a bona fide seniority system or any 1894 bona fide employee benefit plan, including, but not limited to, a 1895 retirement, pension, or insurance plan, that is not a subterfuge 1896 to evade the purposes of this section. However, no such employee 1897 benefit plan shall excuse the failure to hire any individual, and 1898 no such seniority system or employee benefit plan shall require or 1899 permit the involuntary retirement of any individual, because of 1900 the individual's age except as provided for in the "Age 1901 Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 1902 29 U.S.C.A. 623, as amended by the "Age Discrimination in 1903 Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 1904 623, as amended.1905 (3) Retire an employee who has attained sixty-five years of 1906 age who, for the two-year period immediately before retirement, is 1907 employed in a bona fide executive or a high policymaking position, 1908 if the employee is entitled to an immediate nonforfeitable annual 1909 retirement benefit from a pension, profit-sharing, savings, or 1910 deferred compensation plan, or any combination of those plans, of 1911 the employer of the employee, which equals, in the aggregate, at 1912 least forty-four thousand dollars, in accordance with the 1913 conditions of the "Age Discrimination in Employment Act Amendment 1914 of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age 1915 Discrimination in Employment Act Amendments of 1986," 100 Stat. 1916 3342, 29 U.S.C.A. 631, as amended;1917 (4) Observe the terms of any bona fide apprenticeship program 1918 if the program is registered with the Ohio apprenticeship council 1919 pursuant to sections 4139.01 to 4139.06 of the Revised Code and is 1920 approved by the federal committee on apprenticeship of the United 1921 States department of labor.1922 (P) Nothing in this chapter prohibiting age discrimination 1923 and nothing in division (A) of section 4112.14 of the Revised Code 1924 shall be construed to prohibit the following:1925 (1) The designation of uniform age the attainment of which is 1926 necessary for public employees to receive pension or other 1927 retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 1928 or 5505. of the Revised Code;1929 (2) The mandatory retirement of uniformed patrol officers of 1930 the state highway patrol as provided in section 5505.16 of the 1931 Revised Code;1932 (3) The maximum age requirements for appointment as a patrol 1933 officer in the state highway patrol established by section 5503.01 1934 of the Revised Code;1935 (4) The maximum age requirements established for original 1936 appointment to a police department or fire department in sections 1937 124.41 and 124.42 of the Revised Code;1938 (5) Any maximum age not in conflict with federal law that may 1939 be established by a municipal charter, municipal ordinance, or 1940 resolution of a board of township trustees for original 1941 appointment as a police officer or firefighter;1942 (6) Any mandatory retirement provision not in conflict with 1943 federal law of a municipal charter, municipal ordinance, or 1944 resolution of a board of township trustees pertaining to police 1945 officers and firefighters;1946 (7) Until January 1, 1994, the mandatory retirement of any 1947 employee who has attained seventy years of age and who is serving 1948 under a contract of unlimited tenure, or similar arrangement 1949 providing for unlimited tenure, at an institution of higher 1950 education as defined in the "Education Amendments of 1980," 94 1951 Stat. 1503, 20 U.S.C.A. 1141(a).1952 (Q)(1)(a) Except as provided in division (Q)(1)(b) of this 1953 section, for purposes of divisions (A) to (E) of this section, a 1954 disability does not include any physiological disorder or 1955 condition, mental or psychological disorder, or disease or 1956 condition caused by an illegal use of any controlled substance by 1957 an employee, applicant, or other person, if an employer, 1958 employment agency, personnel placement service, labor 1959 organization, or joint labor-management committee acts on the 1960 basis of that illegal use.1961 (b) Division (Q)(1)(a) of this section does not apply to an 1962 employee, applicant, or other person who satisfies any of the 1963 following:1964 (i) The employee, applicant, or other person has successfully 1965 completed a supervised drug rehabilitation program and no longer 1966 is engaging in the illegal use of any controlled substance, or the 1967 employee, applicant, or other person otherwise successfully has 1968 been rehabilitated and no longer is engaging in that illegal use.1969 (ii) The employee, applicant, or other person is 1970 participating in a supervised drug rehabilitation program and no 1971 longer is engaging in the illegal use of any controlled substance.1972 (iii) The employee, applicant, or other person is erroneously 1973 regarded as engaging in the illegal use of any controlled 1974 substance, but the employee, applicant, or other person is not 1975 engaging in that illegal use.1976 (2) Divisions (A) to (E) of this section do not prohibit an 1977 employer, employment agency, personnel placement service, labor 1978 organization, or joint labor-management committee from doing any 1979 of the following:1980 (a) Adopting or administering reasonable policies or 1981 procedures, including, but not limited to, testing for the illegal 1982 use of any controlled substance, that are designed to ensure that 1983 an individual described in division (Q)(1)(b)(i) or (ii) of this 1984 section no longer is engaging in the illegal use of any controlled 1985 substance;1986 (b) Prohibiting the illegal use of controlled substances and 1987 the use of alcohol at the workplace by all employees;1988 (c) Requiring that employees not be under the influence of 1989 alcohol or not be engaged in the illegal use of any controlled 1990 substance at the workplace;1991 (d) Requiring that employees behave in conformance with the 1992 requirements established under "The Drug-Free Workplace Act of 1993 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;1994 (e) Holding an employee who engages in the illegal use of any 1995 controlled substance or who is an alcoholic to the same 1996 qualification standards for employment or job performance, and the 1997 same behavior, to which the employer, employment agency, personnel 1998 placement service, labor organization, or joint labor-management 1999 committee holds other employees, even if any unsatisfactory 2000 performance or behavior is related to an employee's illegal use of 2001 a controlled substance or alcoholism;2002 (f) Exercising other authority recognized in the "Americans 2003 with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, 2004 as amended, including, but not limited to, requiring employees to 2005 comply with any applicable federal standards.2006 (3) For purposes of this chapter, a test to determine the 2007 illegal use of any controlled substance does not include a medical 2008 examination.2009 (4) Division (Q) of this section does not encourage, 2010 prohibit, or authorize, and shall not be construed as encouraging, 2011 prohibiting, or authorizing, the conduct of testing for the 2012 illegal use of any controlled substance by employees, applicants, 2013 or other persons, or the making of employment decisions based on 2014 the results of that type of testing.2015 (R)(1) Nothing in this section shall prohibit any religious 2016 association, corporation, or society that is not organized for 2017 private profit, or any institution organized for educational 2018 purposes that is operated, supervised, or controlled by such a 2019 religious association, corporation, or society, from limiting 2020 admission to or giving preference to persons of the same religion 2021 or denomination.2022 (2) A religious association, corporation, or society may 2023 determine criteria for membership in the association's, 2024 corporation's, or society's religion or denomination, including 2025 with regard to sexual orientation and gender identity.2026 (3) Division (R)(1) of this section shall not apply to 2027 secular business activities regularly carried on in which the 2028 religious association, corporation, or society engages if the 2029 conduct of those activities is unrelated to the religious and 2030 educational purposes for which the association, corporation, or 2031 society is organized.2032 (S) Nothing in this section shall be construed to establish 2033 an unlawful discriminatory practice based on actual or perceived 2034 gender identity due to the denial of access to shared shower or 2035 dressing facilities in which being seen unclothed is unavoidable, 2036 provided that the employer provides reasonable access to adequate 2037 facilities that are not inconsistent with an employee's gender 2038 identity as established with the employer at the time of initial 2039 employment or upon notification to the employer that the employee 2040 has undergone or is undergoing gender transition, whichever is 2041 later.2042 (T) Nothing in this section shall be construed to require the 2043 construction of new or additional facilities.2044 (U) Nothing in this section prohibits an employer from 2045 implementing, enforcing, or modifying a dress code or grooming 2046 standards not prohibited by other provisions of federal, state, or 2047 local law and requiring an employee, during the employee's hours 2048 at work, to adhere to the dress code or grooming standards, 2049 provided that the employer permits any employee who has undergone 2050 gender transition before being initially employed, and any 2051 employee who has notified the employer that the employee has 2052 undergone or is undergoing gender transition after being initially 2053 employed, to adhere to the same dress code or grooming standards 2054 applicable to the gender to which the employee has transitioned or 2055 is transitioning.2056 (V) Nothing in this section shall be construed to authorize 2057 or require any private employer, employment agency, or labor 2058 organization to implement quotas or affirmative action policies or 2059 programs, based on sexual orientation or gender identity.2060 (W) Upon receiving certification of a bona fide occupational 2061 qualification from the commission, nothing in this section 2062 requires an employer, whose business is primarily religious in 2063 nature, to take any employment action that would compromise that 2064 business's religious purposes relating to sexual orientation or 2065 gender identity.2066 (X)(1) It shall be an unlawful discriminatory practice for 2067 any employer, employment agency, or labor organization to limit, 2068 segregate, or classify its employees or applicants for employment 2069 in any way that would deprive or tend to deprive any individual of 2070 employment or otherwise adversely affect the status of the 2071 individual as an employee because of the individual's actual or 2072 perceived sexual orientation or gender identity.2073 (2) The commission shall not collect statistics on actual or 2074 perceived sexual orientation or gender identity from any employer, 2075 employment agency, or labor organization nor compel any of them to 2076 collect such statistics.2077 (3) Only disparate treatment claims, and not disparate impact 2078 claims, may be brought under this section on the basis of sexual 2079 orientation or gender identity. As used in division (X)(3) of this 2080 section, "disparate impact" means a facially neutral policy or 2081 practice that has a negative impact on a protected group.2082 Sec. 4112.021. (A) As used in this section:2083 (1) "Credit" means the right granted by a creditor to a 2084 person to defer payment of a debt, to incur debt and defer its 2085 payment, or to purchase property or services and defer payment for 2086 the property or services.2087 (2) "Creditor" means any person who regularly extends, 2088 renews, or continues credit, any person who regularly arranges for 2089 the extension, renewal, or continuation of credit, or any assignee 2090 of an original creditor who participates in the decision to 2091 extend, renew, or continue credit, whether or not any interest or 2092 finance charge is required.2093 (3) "Credit reporting agency" means any person who, for 2094 monetary fees or dues or on a cooperative nonprofit basis, 2095 regularly assembles or evaluates credit information for the 2096 purpose of furnishing credit reports to creditors.2097 (4) "Age" means any age of eighteen years or older.2098 (B) It shall be an unlawful discriminatory practice:2099 (1) For any creditor to do any of the following:2100 (a) Discriminate against any applicant for credit in the 2101 granting, withholding, extending, or renewing of credit, or in the 2102 fixing of the rates, terms, or conditions of any form of credit, 2103 on the basis of race, color, religion, gender, age, sexancestry, 2104 national origin, marital status, disability, sexual orientation, 2105 gender identity, or military status, marital status, national 2106 origin, disability, or ancestry, except that this division shall 2107 not apply with respect to age in any real estate transaction 2108 between a financial institution, a dealer in intangibles, or an 2109 insurance company as defined in section 5725.01 of the Revised 2110 Code and its customers;2111 (b) Use or make any inquiry as to race, color, religion, 2112 gender, age, sexancestry, national origin, marital status, 2113 disability, sexual orientation, gender identity, or military 2114 status, marital status, national origin, disability, or ancestry2115 for the purpose of limiting or specifying those persons to whom 2116 credit will be granted, except that an inquiry of marital status 2117 does not constitute discrimination for the purposes of this 2118 section if the inquiry is made for the purpose of ascertaining the 2119 creditor's rights and remedies applicable to the particular 2120 extension of credit, and except that creditors are excepted from 2121 this division with respect to any inquiry, elicitation of 2122 information, record, or form of application required of a 2123 particular creditor by any instrumentality or agency of the United 2124 States, or required of a particular creditor by any agency or 2125 instrumentality to enforce the "Civil Rights Act of 1968," 82 2126 Stat. 84, 85, 42 U.S.C.A. 3608(c);2127 (c) Refuse to consider the sources of income of an applicant 2128 for credit, or disregard or ignore the income of an applicant, in 2129 whole or in part, on the basis of race, color, religion, gender,2130 age, sexancestry, national origin, marital status, disability, 2131 sexual orientation, gender identity, or military status, marital 2132 status, disability, national origin, or ancestry;2133 (d) Refuse to grant credit to an individual in any name that 2134 individual customarily uses, if it has been determined in the 2135 normal course of business that the creditor will grant credit to 2136 the individual;2137 (e) Impose any special requirements or conditions, including, 2138 but not limited to, a requirement for co-obligors or 2139 reapplication, upon any applicant or class of applicants on the 2140 basis of race, color, religion, gender, age, sexancestry, 2141 national origin, marital status, disability, sexual orientation, 2142 gender identity, or military status, marital status, national 2143 origin, disability, or ancestry in circumstances where similar 2144 requirements or conditions are not imposed on other applicants 2145 similarly situated, unless the special requirements or conditions 2146 that are imposed with respect to age are the result of a real 2147 estate transaction exempted under division (B)(1)(a) of this 2148 section or are the result of programs that grant preferences to 2149 certain age groups administered by instrumentalities or agencies 2150 of the United States, a state, or a political subdivision of a 2151 state;2152 (f) Fail or refuse to provide an applicant for credit a 2153 written statement of the specific reasons for rejection of the 2154 application if requested in writing by the applicant within sixty 2155 days of the rejection. The creditor shall provide the written 2156 statement of the specific reason for rejection within thirty days 2157 after receipt of a request of that nature. For purposes of this 2158 section, a statement that the applicant was rejected solely on the 2159 basis of information received from a credit reporting agency or 2160 because the applicant failed to meet the standards required by the 2161 creditor's credit scoring system, uniformly applied, shall 2162 constitute a specific reason for rejection.2163 (g) Fail or refuse to print on or firmly attach to each 2164 application for credit, in a type size no smaller than that used 2165 throughout most of the application form, the following notice: 2166 "The Ohio laws against discrimination require that all creditors 2167 make credit equally available to all credit worthy customers, and 2168 that credit reporting agencies maintain separate credit histories 2169 on each individual upon request. The Ohio civil rights commission 2170 administers compliance with this law." This notice is not required 2171 to be included in applications that have a multi-state 2172 distribution if the notice is mailed to the applicant with the 2173 notice of acceptance or rejection of the application.2174 (h) Fail or refuse on the basis of race, color, religion, 2175 gender, age, sexancestry, national origin, marital status, 2176 disability, sexual orientation, gender identity, or military 2177 status, marital status, national origin, disability, or ancestry2178 to maintain, upon the request of the individual, a separate 2179 account for each individual to whom credit is extended;2180 (i) Fail or refuse on the basis of race, color, religion, 2181 gender, age, sexancestry, national origin, marital status, 2182 disability, sexual orientation, gender identity, or military 2183 status, marital status, national origin, disability, or ancestry2184 to maintain records on any account established after November 1, 2185 1976, to furnish information on the accounts to credit reporting 2186 agencies in a manner that clearly designates the contractual 2187 liability for repayment as indicated on the application for the 2188 account, and, if more than one individual is contractually liable 2189 for repayment, to maintain records and furnish information in the 2190 name of each individual. This division does not apply to 2191 individuals who are contractually liable only if the primary party 2192 defaults on the account.2193 (2) For any credit reporting agency to do any of the 2194 following:2195 (a) Fail or refuse on the basis of race, color, religion, 2196 gender, age, sexancestry, national origin, marital status, 2197 disability, sexual orientation, gender identity, or military 2198 status, marital status, national origin, disability, or ancestry2199 to maintain, upon the request of the individual, a separate file 2200 on each individual about whom information is assembled or 2201 evaluated;2202 (b) Fail or refuse on the basis of race, color, religion, 2203 gender, age, sexancestry, national origin, marital status, 2204 disability, sexual orientation, gender identity, or military 2205 status, marital status, national origin, disability, or ancestry2206 to clearly note, maintain, and report any information furnished it 2207 under division (B)(1)(i) of this section.2208 (C) This section does not prohibit a creditor from requesting 2209 the signature of both spouses to create a valid lien, pass clear 2210 title, or waive inchoate rights to property.2211 (D) The rights granted by this section may be enforced by 2212 aggrieved individuals by filing a civil action in a court of 2213 common pleas within one hundred eighty days after the alleged 2214 unlawful discriminatory practice occurred. Upon application by the 2215 plaintiff and in circumstances that the court considers just, the 2216 court in which a civil action under this section is brought may 2217 appoint an attorney for the plaintiff and may authorize the 2218 commencement of a civil action upon proper showing without the 2219 payment of costs. If the court finds that an unlawful 2220 discriminatory practice prohibited by this section occurred or is 2221 about to occur, the court may grant relief that it considers 2222 appropriate, including a permanent or temporary injunction, 2223 temporary restraining order, or other order, and may award to the 2224 plaintiff compensatory and punitive damages of not less than one 2225 hundred dollars, together with attorney's fees and court costs.2226 (E) Nothing contained in this section shall bar a creditor 2227 from reviewing an application for credit on the basis of 2228 established criteria used in the normal course of business for the 2229 determination of the credit worthiness of the individual applicant 2230 for credit, including the credit history of the applicant.2231 Sec. 4112.04. (A) The commission shall do all of the 2232 following:2233 (1) Establish and maintain a principal office in the city of 2234 Columbus and any other offices within the state that it considers 2235 necessary;2236 (2) Appoint an executive director who shall serve at the 2237 pleasure of the commission and be its principal administrative 2238 officer. The executive director shall be paid a salary fixed 2239 pursuant to Chapter 124. of the Revised Code.2240 (3) Appoint hearing examiners and other employees and agents 2241 who it considers necessary and prescribe their duties subject to 2242 Chapter 124. of the Revised Code;2243 (4) Adopt, promulgate, amend, and rescind rules to effectuate 2244 the provisions of this chapter and the policies and practice of 2245 the commission in connection with this chapter;2246 (5) Formulate policies to effectuate the purposes of this 2247 chapter and make recommendations to agencies and officers of the 2248 state or political subdivisions to effectuate the policies;2249 (6) Receive, investigate, and pass upon written charges made 2250 under oath of unlawful discriminatory practices;2251 (7) Make periodic surveys of the existence and effect of 2252 discrimination because of race, color, religion, sexgender, age, 2253 ancestry, national origin, familial status, disability, sexual 2254 orientation, gender identity, or military status, familial status, 2255 national origin, disability, age, or ancestry on the enjoyment of 2256 civil rights by persons within the state;2257 (8) Report, from time to time, but not less than once a year, 2258 to the general assembly and the governor, describing in detail the 2259 investigations, proceedings, and hearings it has conducted and 2260 their outcome, the decisions it has rendered, and the other work 2261 performed by it, which report shall include a copy of any surveys 2262 prepared pursuant to division (A)(7) of this section and shall 2263 include the recommendations of the commission as to legislative or 2264 other remedial action;2265 (9) Prepare a comprehensive educational program, in 2266 cooperation with the department of education, for the students of 2267 the primary and secondary public schools of this state and for all 2268 other residents of this state that is designed to eliminate 2269 prejudice on the basis of race, color, religion, sex, military 2270 status, familial status, national origin, disability, age, or 2271 ancestry in this state, to further good will among those groups,2272 and to emphasize the origin of prejudice against those groupsand 2273 discrimination, itstheir harmful effects, and itstheir2274 incompatibility with American principles of equality and fair 2275 play;2276 (10) Receive progress reports from agencies, 2277 instrumentalities, institutions, boards, commissions, and other 2278 entities of this state or any of its political subdivisions and 2279 their agencies, instrumentalities, institutions, boards, 2280 commissions, and other entities regarding affirmative action 2281 programs for the employment of persons against whom discrimination 2282 is prohibited by this chapter, or regarding any affirmative 2283 housing accommodations programs developed to eliminate or reduce 2284 an imbalance of race, color, religion, sexgender, ancestry, 2285 national origin, familial status, disability, sexual orientation, 2286 gender identity, or military status, familial status, national 2287 origin, disability, or ancestry. All agencies, instrumentalities, 2288 institutions, boards, commissions, and other entities of this 2289 state or its political subdivisions, and all political 2290 subdivisions, that have undertaken affirmative action programs 2291 pursuant to a conciliation agreement with the commission, an 2292 executive order of the governor, any federal statute or rule, or 2293 an executive order of the president of the United States shall 2294 file progress reports with the commission annually on or before 2295 the first day of November. The commission shall analyze and 2296 evaluate the progress reports and report its findings annually to 2297 the general assembly on or before the thirtieth day of January of 2298 the year immediately following the receipt of the reports.2299 (B) The commission may do any of the following:2300 (1) Meet and function at any place within the state;2301 (2) Initiate and undertake on its own motion investigations 2302 of problems of employment or housing accommodations 2303 discrimination;2304 (3) Hold hearings, subpoena witnesses, compel their 2305 attendance, administer oaths, take the testimony of any person 2306 under oath, require the production for examination of any books 2307 and papers relating to any matter under investigation or in 2308 question before the commission, and make rules as to the issuance 2309 of subpoenas by individual commissioners.2310 (a) In conducting a hearing or investigation, the commission 2311 shall have access at all reasonable times to premises, records, 2312 documents, individuals, and other evidence or possible sources of 2313 evidence and may examine, record, and copy the premises, records, 2314 documents, and other evidence or possible sources of evidence and 2315 take and record the testimony or statements of the individuals as 2316 reasonably necessary for the furtherance of the hearing or 2317 investigation. In investigations, the commission shall comply with 2318 the fourth amendment to the United States Constitution relating to 2319 unreasonable searches and seizures. The commission or a member of 2320 the commission may issue subpoenas to compel access to or the 2321 production of premises, records, documents, and other evidence or 2322 possible sources of evidence or the appearance of individuals, and 2323 may issue interrogatories to a respondent, to the same extent and 2324 subject to the same limitations as would apply if the subpoenas or 2325 interrogatories were issued or served in aid of a civil action in 2326 a court of common pleas.2327 (b) Upon written application by a party to a hearing under 2328 division (B) of section 4112.05 of the Revised Code, the 2329 commission shall issue subpoenas in its name to the same extent 2330 and subject to the same limitations as subpoenas issued by the 2331 commission. Subpoenas issued at the request of a party shall show 2332 on their face the name and address of the party and shall state 2333 that they were issued at the party's request.2334 (c) Witnesses summoned by subpoena of the commission are 2335 entitled to the witness and mileage fees provided for under 2336 section 119.094 of the Revised Code.2337 (d) Within five days after service of a subpoena upon any 2338 person, the person may petition the commission to revoke or modify 2339 the subpoena. The commission shall grant the petition if it finds 2340 that the subpoena requires an appearance or attendance at an 2341 unreasonable time or place, that it requires production of 2342 evidence that does not relate to any matter before the commission, 2343 that it does not describe with sufficient particularity the 2344 evidence to be produced, that compliance would be unduly onerous, 2345 or for other good reason.2346 (e) In case of contumacy or refusal to obey a subpoena, the 2347 commission or person at whose request it was issued may petition 2348 for its enforcement in the court of common pleas in the county in 2349 which the person to whom the subpoena was addressed resides, was 2350 served, or transacts business.2351 (4) Create local or statewide advisory agencies and 2352 conciliation councils to aid in effectuating the purposes of this 2353 chapter. The commission may itself, or it may empower these 2354 agencies and councils to, do either or both of the following:2355 (a) Study the problems of discrimination in all or specific 2356 fields of human relationships when based on race, color, religion, 2357 sexgender, age, ancestry, national origin, familial status, 2358 disability, sexual orientation, gender identity, or military 2359 status, familial status, national origin, disability, age, or 2360 ancestry;2361 (b) Foster through community effort, or otherwise, good will 2362 among the groups and elements of the population of the state.2363 The agencies and councils may make recommendations to the 2364 commission for the development of policies and procedures in 2365 general. They shall be composed of representative citizens who 2366 shall serve without pay, except that reimbursement for actual and 2367 necessary traveling expenses shall be made to citizens who serve 2368 on a statewide agency or council.2369 (5) Issue any publications and the results of investigations 2370 and research that in its judgment will tend to promote good will 2371 and minimize or eliminate discrimination because of race, color, 2372 religion, sexgender, age, ancestry, national origin, familial 2373 status, disability, sexual orientation, gender identity, or2374 military status, familial status, national origin, disability, 2375 age, or ancestry.2376 Sec. 4112.05. (A) The commission, as provided in this 2377 section, shall prevent any person from engaging in unlawful 2378 discriminatory practices, provided that, before instituting the 2379 formal hearing authorized by division (B) of this section, it 2380 shall attempt, by informal methods of conference, conciliation, 2381 mediation, and persuasion, to induce compliance with this chapter.2382 (B)(1) Any person may file a charge with the commission 2383 alleging that another person has engaged or is engaging in an 2384 unlawful discriminatory practice. In the case of a charge alleging 2385 an unlawful discriminatory practice described in division (A), 2386 (B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in 2387 section 4112.021 or 4112.022 of the Revised Code, the charge shall 2388 be in writing and under oath and shall be filed with the 2389 commission within six months after the alleged unlawful 2390 discriminatory practice was committed. In the case of a charge 2391 alleging an unlawful discriminatory practice described in division 2392 (H) of section 4112.02 of the Revised Code, the charge shall be in 2393 writing and under oath and shall be filed with the commission 2394 within one year after the alleged unlawful discriminatory practice 2395 was committed.2396 (2) Upon receiving a charge, the commission may initiate a 2397 preliminary investigation to determine whether it is probable that 2398 an unlawful discriminatory practice has been or is being engaged 2399 in. The commission also may conduct, upon its own initiative and 2400 independent of the filing of any charges, a preliminary 2401 investigation relating to any of the unlawful discriminatory 2402 practices described in division (A), (B), (C), (D), (E), (F), (I), 2403 or (J) of section 4112.02 or in section 4112.021 or 4112.022 of 2404 the Revised Code. Prior to a notification of a complainant under 2405 division (B)(4) of this section or prior to the commencement of 2406 informal methods of conference, conciliation, and persuasion under 2407 that division, the members of the commission and the officers and 2408 employees of the commission shall not make public in any manner 2409 and shall retain as confidential all information that was obtained 2410 as a result of or that otherwise pertains to a preliminary 2411 investigation other than one described in division (B)(3) of this 2412 section.2413 (3)(a) Unless it is impracticable to do so and subject to its 2414 authority under division (B)(3)(d) of this section, the commission 2415 shall complete a preliminary investigation of a charge filed 2416 pursuant to division (B)(1) of this section that alleges an 2417 unlawful discriminatory practice described in division (H) of 2418 section 4112.02 of the Revised Code, and shall take one of the 2419 following actions, within one hundred days after the filing of the 2420 charge:2421 (i) Notify the complainant and the respondent that it is not 2422 probable that an unlawful discriminatory practice described in 2423 division (H) of section 4112.02 of the Revised Code has been or is 2424 being engaged in and that the commission will not issue a 2425 complaint in the matter;2426 (ii) Initiate a complaint and schedule it for informal 2427 methods of conference, conciliation, and persuasion;2428 (iii) Initiate a complaint and refer it to the attorney 2429 general with a recommendation to seek a temporary or permanent 2430 injunction or a temporary restraining order. If this action is 2431 taken, the attorney general shall apply, as expeditiously as 2432 possible after receipt of the complaint, to the court of common 2433 pleas of the county in which the unlawful discriminatory practice 2434 allegedly occurred for the appropriate injunction or order, and 2435 the court shall hear and determine the application as 2436 expeditiously as possible.2437 (b) If it is not practicable to comply with the requirements 2438 of division (B)(3)(a) of this section within the one-hundred-day 2439 period described in that division, the commission shall notify the 2440 complainant and the respondent in writing of the reasons for the 2441 noncompliance.2442 (c) Prior to the issuance of a complaint under division 2443 (B)(3)(a)(ii) or (iii) of this section or prior to a notification 2444 of the complainant and the respondent under division (B)(3)(a)(i) 2445 of this section, the members of the commission and the officers 2446 and employees of the commission shall not make public in any 2447 manner and shall retain as confidential all information that was 2448 obtained as a result of or that otherwise pertains to a 2449 preliminary investigation of a charge filed pursuant to division 2450 (B)(1) of this section that alleges an unlawful discriminatory 2451 practice described in division (H) of section 4112.05 of the 2452 Revised Code.2453 (d) Notwithstanding the types of action described in 2454 divisions (B)(3)(a)(ii) and (iii) of this section, prior to the 2455 issuance of a complaint or the referral of a complaint to the 2456 attorney general and prior to endeavoring to eliminate an unlawful 2457 discriminatory practice described in division (H) of section 2458 4112.02 of the Revised Code by informal methods of conference, 2459 conciliation, and persuasion, the commission may seek a temporary 2460 or permanent injunction or a temporary restraining order in the 2461 court of common pleas of the county in which the unlawful 2462 discriminatory practice allegedly occurred.2463 (4) If the commission determines after a preliminary 2464 investigation other than one described in division (B)(3) of this 2465 section that it is not probable that an unlawful discriminatory 2466 practice has been or is being engaged in, it shall notify any 2467 complainant under division (B)(1) of this section that it has so 2468 determined and that it will not issue a complaint in the matter. 2469 If the commission determines after a preliminary investigation 2470 other than the one described in division (B)(3) of this section 2471 that it is probable that an unlawful discriminatory practice has 2472 been or is being engaged in, it shall endeavor to eliminate the 2473 practice by informal methods of conference, conciliation, and 2474 persuasion.2475 (5) Nothing said or done during informal methods of 2476 conference, conciliation, and persuasion under this section shall 2477 be disclosed by any member of the commission or its staff or be 2478 used as evidence in any subsequent hearing or other proceeding. 2479 If, after a preliminary investigation and the use of informal 2480 methods of conference, conciliation, and persuasion under this 2481 section, the commission is satisfied that any unlawful 2482 discriminatory practice will be eliminated, it may treat the 2483 charge involved as being conciliated and enter that disposition on 2484 the records of the commission. If the commission fails to effect 2485 the elimination of an unlawful discriminatory practice by informal 2486 methods of conference, conciliation, and persuasion under this 2487 section and to obtain voluntary compliance with this chapter, the 2488 commission shall issue and cause to be served upon any person, 2489 including the respondent against whom a complainant has filed a 2490 charge pursuant to division (B)(1) of this section, a complaint 2491 stating the charges involved and containing a notice of an 2492 opportunity for a hearing before the commission, a member of the 2493 commission, or a hearing examiner at a place that is stated in the 2494 notice and that is located within the county in which the alleged 2495 unlawful discriminatory practice has occurred or is occurring or 2496 in which the respondent resides or transacts business. The hearing 2497 shall be held not less than thirty days after the service of the 2498 complaint upon the complainant, the aggrieved persons other than 2499 the complainant on whose behalf the complaint is issued, and the 2500 respondent, unless the complainant, an aggrieved person, or the 2501 respondent elects to proceed under division (A)(2) of section 2502 4112.051 of the Revised Code when that division is applicable. If 2503 a complaint pertains to an alleged unlawful discriminatory 2504 practice described in division (H) of section 4112.02 of the 2505 Revised Code, the complaint shall notify the complainant, an 2506 aggrieved person, and the respondent of the right of the 2507 complainant, an aggrieved person, or the respondent to elect to 2508 proceed with the administrative hearing process under this section 2509 or to proceed under division (A)(2) of section 4112.051 of the 2510 Revised Code.2511 (6) The attorney general shall represent the commission at 2512 any hearing held pursuant to division (B)(5) of this section and 2513 shall present the evidence in support of the complaint.2514 (7) Any complaint issued pursuant to division (B)(5) of this 2515 section after the filing of a charge under division (B)(1) of this 2516 section shall be so issued within one year after the complainant 2517 filed the charge with respect to an alleged unlawful 2518 discriminatory practice.2519 (C) Any complaint issued pursuant to division (B) of this 2520 section may be amended by the commission, a member of the 2521 commission, or the hearing examiner conducting a hearing under 2522 division (B) of this section, at any time prior to or during the 2523 hearing. The respondent has the right to file an answer or an 2524 amended answer to the original and amended complaints and to 2525 appear at the hearing in person, by attorney, or otherwise to 2526 examine and cross-examine witnesses.2527 (D) The complainant shall be a party to a hearing under 2528 division (B) of this section, and any person who is an 2529 indispensable party to a complete determination or settlement of a 2530 question involved in the hearing shall be joined. Any aggrieved 2531 person who has or claims an interest in the subject of the hearing 2532 and in obtaining or preventing relief against the unlawful 2533 discriminatory practices complained of shall be permitted to 2534 appear only for the presentation of oral or written arguments, to 2535 present evidence, perform direct and cross-examination, and be 2536 represented by counsel. The commission shall adopt rules, in 2537 accordance with Chapter 119. of the Revised Code governing the 2538 authority granted under this division.2539 (E) In any hearing under division (B) of this section, the 2540 commission, a member of the commission, or the hearing examiner 2541 shall not be bound by the Rules of Evidence but, in ascertaining 2542 the practices followed by the respondent, shall take into account 2543 all reliable, probative, and substantial statistical or other 2544 evidence produced at the hearing that may tend to prove the 2545 existence of a predetermined pattern of employment or membership, 2546 provided that nothing contained in this section shall be construed 2547 to authorize or require any person to observe the proportion that 2548 persons of any race, color, religion, sexgender, age, ancestry, 2549 national origin, familial status, disability, sexual orientation, 2550 gender identity, or military status, familial status, national 2551 origin, disability, age, or ancestry bear to the total population 2552 or in accordance with any criterion other than the individual 2553 qualifications of the applicant.2554 (F) The testimony taken at a hearing under division (B) of 2555 this section shall be under oath and shall be reduced to writing 2556 and filed with the commission. Thereafter, in its discretion, the 2557 commission, upon the service of a notice upon the complainant and 2558 the respondent that indicates an opportunity to be present, may 2559 take further testimony or hear argument.2560 (G)(1) If, upon all reliable, probative, and substantial 2561 evidence presented at a hearing under division (B) of this 2562 section, the commission determines that the respondent has engaged 2563 in, or is engaging in, any unlawful discriminatory practice, 2564 whether against the complainant or others, the commission shall 2565 state its findings of fact and conclusions of law and shall issue 2566 and, subject to the provisions of Chapter 119. of the Revised 2567 Code, cause to be served on the respondent an order requiring the 2568 respondent to cease and desist from the unlawful discriminatory 2569 practice, requiring the respondent to take any further affirmative 2570 or other action that will effectuate the purposes of this chapter, 2571 including, but not limited to, hiring, reinstatement, or upgrading 2572 of employees with or without back pay, or admission or restoration 2573 to union membership, and requiring the respondent to report to the 2574 commission the manner of compliance. If the commission directs 2575 payment of back pay, it shall make allowance for interim earnings. 2576 If it finds a violation of division (H) of section 4112.02 of the 2577 Revised Code, the commission additionally shall require the 2578 respondent to pay actual damages and reasonable attorney's fees, 2579 and may award to the complainant punitive damages as follows:2580 (a) If division (G)(1)(b) or (c) of this section does not 2581 apply, punitive damages in an amount not to exceed ten thousand 2582 dollars;2583 (b) If division (G)(1)(c) of this section does not apply and 2584 if the respondent has been determined by a final order of the 2585 commission or by a final judgment of a court to have committed one 2586 violation of division (H) of section 4112.02 of the Revised Code 2587 during the five-year period immediately preceding the date on 2588 which a complaint was issued pursuant to division (B) of this 2589 section, punitive damages in an amount not to exceed twenty-five 2590 thousand dollars;2591 (c) If the respondent has been determined by a final order of 2592 the commission or by a final judgment of a court to have committed 2593 two or more violations of division (H) of section 4112.02 of the 2594 Revised Code during the seven-year period immediately preceding 2595 the date on which a complaint was issued pursuant to division (B) 2596 of this section, punitive damages in an amount not to exceed fifty 2597 thousand dollars.2598 (2) Upon the submission of reports of compliance, the 2599 commission may issue a declaratory order stating that the 2600 respondent has ceased to engage in particular unlawful 2601 discriminatory practices.2602 (H) If the commission finds that no probable cause exists for 2603 crediting charges of unlawful discriminatory practices or if, upon 2604 all the evidence presented at a hearing under division (B) of this 2605 section on a charge, the commission finds that a respondent has 2606 not engaged in any unlawful discriminatory practice against the 2607 complainant or others, it shall state its findings of fact and 2608 shall issue and cause to be served on the complainant an order 2609 dismissing the complaint as to the respondent. A copy of the order 2610 shall be delivered in all cases to the attorney general and any 2611 other public officers whom the commission considers proper.2612 (I) Until the time period for appeal set forth in division 2613 (H) of section 4112.06 of the Revised Code expires, the 2614 commission, subject to the provisions of Chapter 119. of the 2615 Revised Code, at any time, upon reasonable notice, and in the 2616 manner it considers proper, may modify or set aside, in whole or 2617 in part, any finding or order made by it under this section.2618 Sec. 4112.08. This chapter shall be construed liberally for 2619 the accomplishment of its purposes, and any law inconsistent with 2620 any provision of this chapter shall not apply. Nothing contained 2621 in this chapter shall be considered to repeal any of the 2622 provisions of any law of this state relating to discrimination 2623 because of race, color, religion, sexgender, age, ancestry, 2624 national origin, familial status, disability, sexual orientation, 2625 gender identity, or military status, familial status, disability, 2626 national origin, age, or ancestry, except that any person filing a 2627 charge under division (B)(1) of section 4112.05 of the Revised 2628 Code, with respect to the unlawful discriminatory practices 2629 complained of, is barred from instituting a civil action under 2630 section 4112.14 or division (N) of section 4112.02 of the Revised 2631 Code. This chapter does not limit actions, procedures, and 2632 remedies afforded under federal law.2633 Sec. 4117.19. (A) Every employee organization that is 2634 certified or recognized as a representative of public employees 2635 under this chapter shall file with the state employment relations 2636 board a registration report that is signed by its president or 2637 other appropriate officer. The report shall be in a form 2638 prescribed by the board and accompanied by two copies of the 2639 employee organization's constitution and bylaws. The board shall 2640 accept a filing by a statewide, national, or international 2641 employee organization of its constitution and bylaws in lieu of a 2642 filing of the documents by each subordinate organization. The 2643 exclusive representative or other employee organization originally 2644 filing its constitution and bylaws shall report, promptly, to the 2645 board all changes or amendments to its constitution and bylaws.2646 (B) Every employee organization shall file with the board an 2647 annual report. The report shall be in a form prescribed by the 2648 board and shall contain the following information:2649 (1) The names and addresses of the organization, any parent 2650 organization or organizations with which it is affiliated, and all 2651 organizationwide officers;2652 (2) The name and address of its local agent for service of 2653 process;2654 (3) A general description of the public employees the 2655 organization represents or seeks to represent;2656 (4) The amounts of the initiation fee and monthly dues 2657 members must pay;2658 (5) A pledge, in a form prescribed by the board, that the 2659 organization will comply with the laws of the state and that it 2660 will accept members without regard to age, race, color, sex2661 religion, creed, gender, age, ancestry,creed,religion, ancestry,2662 or national origin,; disability, sexual orientation, gender 2663 identity, or military status as those terms are defined in section 2664 4112.01 of the Revised Code, military status as defined in that 2665 section,; or physical disability as provided by law:;2666 (6) A financial report.2667 (C) The constitution or bylaws of every employee organization 2668 shall do all of the following:2669 (1) Require that the organization keep accurate accounts of 2670 all income and expenses, prepare an annual financial report, keep 2671 open for inspection by any member of the organization its 2672 accounts, and make loans to officers and agents only on terms and 2673 conditions available to all members;2674 (2) Prohibit business or financial interests of its officers 2675 and agents, their spouses, minor children, parents, or otherwise, 2676 in conflict with the fiduciary obligation of such persons to the 2677 organization;2678 (3) When specifically requested by the board, require every 2679 official who is designated as a fiscal officer of an employee 2680 organization and who is responsible for funds or other property of 2681 the organization or trust in which an organization is interested, 2682 or a subsidiary organization be bonded with the amount, scope, and 2683 form of the bond determined by the board;2684 (4) Require periodic elections of officers by secret ballot 2685 subject to recognized safeguards concerning the equal right of all 2686 members to nominate, seek office, and vote in the elections, the 2687 right of individual members to participate in the affairs of the 2688 organization, and fair and equitable procedures in disciplinary 2689 actions.2690 (D) The board shall prescribe rules necessary to govern the 2691 establishment and reporting of trusteeships over employee 2692 organizations. The establishment of trusteeships is permissible 2693 only if the constitution or bylaws of the organization set forth 2694 reasonable procedures.2695 (E) The board may withhold certification of an employee 2696 organization that willfully refuses to register or file an annual 2697 report or that willfully refuses to comply with other provisions 2698 of this section. The board may revoke a certification of an 2699 employee organization for willfully failing to comply with this 2700 section. The board may enforce the prohibitions contained in this 2701 section by petitioning the court of common pleas of the county in 2702 which the violation occurs for an injunction. Persons complaining 2703 of a violation of this section shall file the complaint with the 2704 board.2705 (F) Upon the written request to the board of any member of a 2706 certified employee organization and where the board determines the 2707 necessity for an audit, the board may require the employee 2708 organization to provide a certified audit of its financial 2709 records.2710 (G) Any employee organization subject to the 2711 "Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. 2712 519, 29 U.S.C.A., 401, as amended, may file copies with the board 2713 of all reports it is required to file under that act in lieu of 2714 compliance with all parts of this section other than division (A) 2715 of this section. The board shall accept a filing by a statewide, 2716 national, or international employee organization of its reports in 2717 lieu of a filing of such reports by each subordinate organization.2718 Sec. 4735.16. (A) Every real estate broker licensed under 2719 this chapter shall erect or maintain a sign on the business 2720 premises plainly stating that the licensee is a real estate 2721 broker. If the real estate broker maintains one or more branch 2722 offices, the real estate broker shall erect or maintain a sign at 2723 each branch office plainly stating that the licensee is a real 2724 estate broker.2725 (B)(1) Any licensed real estate broker or salesperson who 2726 advertises to buy, sell, exchange, or lease real estate, or to 2727 engage in any act regulated by this chapter, with respect to 2728 property the licensee does not own, shall be identified in the 2729 advertisement by name and indicate the name of the brokerage with 2730 which the licensee is affiliated.2731 (2) Any licensed real estate broker or sales person2732 salesperson who advertises to sell, exchange, or lease real 2733 estate, or to engage in any act regulated by this chapter, with 2734 respect to property that the licensee owns, shall be identified in 2735 the advertisement by name and indicate that the property is agent 2736 owned, and if the property is listed with a real estate brokerage, 2737 the advertisement shall also indicate the name of the brokerage 2738 with which the property is listed.2739 (3) The name of the brokerage shall be displayed in equal 2740 prominence with the name of the salesperson in the advertisement. 2741 For purposes of this section, "brokerage" means the name the real 2742 estate company or sole broker is doing business as, or if the real 2743 estate company or sole broker does not use such a name, the name 2744 of the real estate company or sole broker as licensed.2745 (4) A real estate broker who is representing a seller under 2746 an exclusive right to sell or lease listing agreement shall not 2747 advertise such property to the public as "for sale by owner" or 2748 otherwise mislead the public to believe that the seller is not 2749 represented by a real estate broker.2750 (5) If any real estate broker or real estate salesperson 2751 advertises in a manner other than as provided in this section or 2752 the rules adopted under this section, that advertisement is 2753 prima-facie evidence of a violation under division (A)(21) of 2754 section 4735.18 of the Revised Code.2755 When the superintendent determines that prima-facie evidence 2756 of a violation of division (A)(21) of section 4735.18 of the 2757 Revised Code or any of the rules adopted thereunder exists, the 2758 superintendent may do either of the following:2759 (a) Initiate disciplinary action under section 4735.051 of 2760 the Revised Code for a violation of division (A)(21) of section 2761 4735.18 of the Revised Code, in accordance with Chapter 119. of 2762 the Revised Code;2763 (b) Personally, or by certified mail, serve a citation upon 2764 the licensee.2765 (C)(1) Every citation served under this section shall give 2766 notice to the licensee of the alleged violation or violations 2767 charged and inform the licensee of the opportunity to request a 2768 hearing in accordance with Chapter 119. of the Revised Code. The 2769 citation also shall contain a statement of a fine of two hundred 2770 dollars per violation, not to exceed two thousand five hundred 2771 dollars per citation. All fines collected pursuant to this section 2772 shall be credited to the real estate recovery fund, created in the 2773 state treasury under section 4735.12 of the Revised Code.2774 (2) If any licensee is cited three times within twelve 2775 consecutive months, the superintendent shall initiate disciplinary 2776 action pursuant to section 4735.051 of the Revised Code for any 2777 subsequent violation that occurs within the same twelve-month 2778 period.2779 (3) If a licensee fails to request a hearing within thirty 2780 days of the date of service of the citation, or the licensee and 2781 the superintendent fail to reach an alternative agreement, the 2782 citation shall become final.2783 (4) Unless otherwise indicated, the licensee named in a final 2784 citation must meet all requirements contained in the final 2785 citation within thirty days of the effective date of that 2786 citation.2787 (5) The superintendent shall suspend automatically a 2788 licensee's license if the licensee fails to comply with division 2789 (C)(4) of this section.2790 (D) A real estate broker or salesperson obtaining the 2791 signature of a party to a listing or other agreement involved in a 2792 real estate transaction shall furnish a copy of the listing or 2793 other agreement to the party immediately after obtaining the 2794 party's signature. Every broker's office shall prominently display 2795 in the same immediate area as licenses are displayed a statement 2796 that it is illegal to discriminate against any person because of 2797 race, color, religion, sexgender, ancestry, or national origin; 2798 or familial status as defined in section 4112.01 of the Revised 2799 Code, national origin, disability, sexual orientation, gender 2800 identity, or military status as defined in that section, 2801 disability as defined in that section,or ancestryas those terms 2802 are defined in section 4112.01 of the Revised Code, in the sale or 2803 rental of housing or residential lots, in advertising the sale or 2804 rental of housing, in the financing of housing, or in the 2805 provision of real estate brokerage services and that blockbusting 2806 also is illegal. The statement shall bear the United States 2807 department of housing and urban development equal housing logo, 2808 shall contain the information that the broker and the broker's 2809 salespersons are licensed by the division of real estate and 2810 professional licensing and that the division can assist with any 2811 consumer complaints or inquiries, and shall explain the provisions 2812 of section 4735.12 of the Revised Code. The statement shall 2813 provide the division's address and telephone number. The Ohio real 2814 estate commission shall provide by rule for the wording and size 2815 of the statement. The pamphlet required under section 4735.03 of 2816 the Revised Code shall contain the same statement that is required 2817 on the statement displayed as provided in this section and shall 2818 be made available by real estate brokers and salespersons to their 2819 clients. The commission shall provide the wording and size of the 2820 pamphlet.2821 Sec. 4735.55. (A) Each written agency agreement shall 2822 contain all of the following:2823 (1) An expiration date;2824 (2) A statement that it is illegal, pursuant to the Ohio fair 2825 housing law, division (H) of section 4112.02 of the Revised Code, 2826 and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to 2827 refuse to sell, transfer, assign, rent, lease, sublease, or 2828 finance housing accommodations, refuse to negotiate for the sale 2829 or rental of housing accommodations, or otherwise deny or make 2830 unavailable housing accommodations because of race, color, 2831 religion, sexgender, ancestry, or national origin; or familial 2832 status as defined in section 4112.01 of the Revised Code, 2833 ancestry, disability, sexual orientation, gender identity, or2834 military status as defined in that section, disability as defined 2835 in that section, or national originas those terms are defined in 2836 section 4112.01 of the Revised Code, or to so discriminate in 2837 advertising the sale or rental of housing, in the financing of 2838 housing, or in the provision of real estate brokerage services;2839 (3) A statement defining the practice known as "blockbusting" 2840 and stating that it is illegal;2841 (4) A copy of the United States department of housing and 2842 urban development equal housing opportunity logotype, as set forth 2843 in 24 C.F.R. 109.30, as amended.2844 (B) Each written agency agreement shall contain a place for 2845 the licensee and the client to sign and date the agreement.2846 (C) A licensee shall furnish a copy of any written agency 2847 agreement to a client in a timely manner after the licensee and 2848 the client have signed and dated it.2849 Sec. 4757.07. The counselor, social worker, and marriage and 2850 family therapist board and its professional standards committees 2851 shall not discriminate against any licensee, registrant, or 2852 applicant for a license or certificate of registration under this 2853 chapter because of the person's race, color, religion, sexgender, 2854 age, or national origin,; or disability, sexual orientation, or 2855 gender identity, as those terms are defined in section 4112.01 of 2856 the Revised Code, or age. The board or committee, as appropriate, 2857 shall afford a hearing to any person who files with the board or 2858 committee a statement alleging discrimination based on any of 2859 those reasons.2860 Sec. 4758.16. The chemical dependency professionals board 2861 shall not discriminate against any licensee, certificate holder, 2862 or applicant for a license or certificate under this chapter 2863 because of the individual's race, color, religion, gender, age, or2864 national origin,; or disability, sexual orientation, or gender 2865 identity, as those terms are defined in section 4112.01 of the 2866 Revised Code, or age. The board shall afford a hearing to any 2867 individual who files with the board a statement alleging 2868 discrimination based on any of those reasons.2869 Sec. 4765.18. The state board of emergency medical, fire, 2870 and transportation services may suspend or revoke a certificate of 2871 accreditation or a certificate of approval issued under section 2872 4765.17 of the Revised Code for any of the following reasons:2873 (A) Violation of this chapter or any rule adopted under it;2874 (B) Furnishing of false, misleading, or incomplete 2875 information to the board;2876 (C) The signing of an application or the holding of a 2877 certificate of accreditation by a person who has pleaded guilty to 2878 or has been convicted of a felony, or has pleaded guilty to or 2879 been convicted of a crime involving moral turpitude;2880 (D) The signing of an application or the holding of a 2881 certificate of accreditation by a person who is addicted to the 2882 use of any controlled substance or has been adjudicated 2883 incompetent for that purpose by a court, as provided in section 2884 5122.301 of the Revised Code;2885 (E) Violation of any commitment made in an application for a 2886 certificate of accreditation or certificate of approval;2887 (F) Presentation to prospective students of misleading, 2888 false, or fraudulent information relating to the emergency medical 2889 services training program or emergency medical services continuing 2890 education program, employment opportunities, or opportunities for 2891 enrollment in accredited institutions of higher education after 2892 entering or completing courses offered by the operator of a 2893 program;2894 (G) Failure to maintain in a safe and sanitary condition 2895 premises and equipment used in conducting courses of study;2896 (H) Failure to maintain financial resources adequate for the 2897 satisfactory conduct of courses of study or to retain a sufficient 2898 number of certified instructors;2899 (I) Discrimination in the acceptance of students upon the 2900 basis of race, color, religion, sexgender, or national origin; or 2901 sexual orientation or gender identity as those terms are defined 2902 in section 4112.01 of the Revised Code.2903 Sec. 5104.09. (A)(1) Except as provided in rules adopted 2904 pursuant to division (D) of this section, no individual who has 2905 been convicted of or pleaded guilty to a violation described in 2906 division (A)(5) of section 109.572 of the Revised Code, a 2907 violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, 2908 2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 2909 of the Revised Code or a violation of an existing or former law or 2910 ordinance of any municipal corporation, this state, any other 2911 state, or the United States that is substantially equivalent to 2912 any of those violations, or two violations of section 4511.19 of 2913 the Revised Code during operation of the center or home shall be 2914 certified as an in-home aide or be employed in any capacity in or 2915 own or operate a child day-care center, type A family day-care 2916 home, type B family day-care home, or certified type B family 2917 day-care home.2918 (2) Each employee of a child day-care center and type A home 2919 and every person eighteen years of age or older residing in a type 2920 A home shall sign a statement on forms prescribed by the director 2921 of job and family services attesting to the fact that the employee 2922 or resident person has not been convicted of or pleaded guilty to 2923 any offense set forth in division (A)(1) of this section and that 2924 no child has been removed from the employee's or resident person's 2925 home pursuant to section 2151.353 of the Revised Code. Each 2926 licensee of a type A home shall sign a statement on a form 2927 prescribed by the director attesting to the fact that no person 2928 who resides at the type A home and who is under the age of 2929 eighteen has been adjudicated a delinquent child for committing a 2930 violation of any section listed in division (A)(1) of this 2931 section. The statements shall be kept on file at the center or 2932 type A home.2933 (3) Each in-home aide and every person eighteen years of age 2934 or older residing in a certified type B home shall sign a 2935 statement on forms prescribed by the director of job and family 2936 services attesting that the aide or resident person has not been 2937 convicted of or pleaded guilty to any offense set forth in 2938 division (A)(1) of this section and that no child has been removed 2939 from the aide's or resident person's home pursuant to section 2940 2151.353 of the Revised Code. Each authorized provider shall sign 2941 a statement on forms prescribed by the director attesting that the 2942 provider has not been convicted of or pleaded guilty to any 2943 offense set forth in division (A)(1) of this section and that no 2944 child has been removed from the provider's home pursuant to 2945 section 2151.353 of the Revised Code. Each authorized provider 2946 shall sign a statement on a form prescribed by the director 2947 attesting to the fact that no person who resides at the certified 2948 type B home and who is under the age of eighteen has been 2949 adjudicated a delinquent child for committing a violation of any 2950 section listed in division (A)(1) of this section. The statements 2951 shall be kept on file at the county department of job and family 2952 services.2953 (4) Each administrator and licensee of a center or type A 2954 home shall sign a statement on a form prescribed by the director 2955 of job and family services attesting that the administrator or 2956 licensee has not been convicted of or pleaded guilty to any 2957 offense set forth in division (A)(1) of this section and that no 2958 child has been removed from the administrator's or licensee's home 2959 pursuant to section 2151.353 of the Revised Code. The statement 2960 shall be kept on file at the center or type A home.2961 (B) No in-home aide, no administrator, licensee, authorized 2962 provider, or employee of a center, type A home, or certified type 2963 B home, and no person eighteen years of age or older residing in a 2964 type A home or certified type B home shall withhold information 2965 from, or falsify information on, any statement required pursuant 2966 to division (A)(2), (3), or (4) of this section.2967 (C) No administrator, licensee, or child-care staff member 2968 shall discriminate in the enrollment of children in a child 2969 day-care center upon the basis of race, color, religion, sex2970 gender, or national origin; or sexual orientation or gender 2971 identity as those terms are defined in section 4112.01 of the 2972 Revised Code.2973 (D) The director of job and family services shall adopt rules 2974 pursuant to Chapter 119. of the Revised Code to implement this 2975 section, including rules specifying exceptions to the prohibition 2976 in division (A) of this section for persons who have been 2977 convicted of an offense listed in that division but meet 2978 rehabilitation standards set by the director.2979 Sec. 5107.26. (A) As used in this section:2980 (1) "Transitional child care" means publicly funded child 2981 care provided under division (A)(3) of section 5104.34 of the 2982 Revised Code.2983 (2) "Transitional medicaid" means the medical assistance 2984 provided under section 5111.0115 of the Revised Code.2985 (B) Except as provided in division (C) of this section, each 2986 member of an assistance group participating in Ohio works first is 2987 ineligible to participate in the program for six payment months if 2988 a county department of job and family services determines that a 2989 member of the assistance group terminated the member's employment 2990 and each person who, on the day prior to the day a recipient 2991 begins to receive transitional child care or transitional 2992 medicaid, was a member of the recipient's assistance group is 2993 ineligible to participate in Ohio works first for six payment 2994 months if a county department determines that the recipient 2995 terminated the recipient's employment.2996 (C) No assistance group member shall lose or be denied 2997 eligibility to participate in Ohio works first pursuant to 2998 division (B) of this section if the termination of employment was 2999 because an assistance group member or recipient of transitional 3000 child care or transitional medicaid secured comparable or better 3001 employment or the county department of job and family services 3002 certifies that the member or recipient terminated the employment 3003 with just cause.3004 Just cause includes the following:3005 (1) Discrimination by an employer based on age, race, sex,3006 color, handicap, religious beliefs, orgender, age, national 3007 origin, or handicap; or sexual orientation or gender identity as 3008 those terms are defined in section 4112.01 of the Revised Code;3009 (2) Work demands or conditions that render continued 3010 employment unreasonable, such as working without being paid on 3011 schedule;3012 (3) Employment that has become unsuitable due to any of the 3013 following:3014 (a) The wage is less than the federal minimum wage;3015 (b) The work is at a site subject to a strike or lockout, 3016 unless the strike has been enjoined under section 208 of the 3017 "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. 3018 178, as amended, an injunction has been issued under section 10 of 3019 the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as 3020 amended, or an injunction has been issued under section 4117.16 of 3021 the Revised Code;3022 (c) The documented degree of risk to the member or 3023 recipient's health and safety is unreasonable;3024 (d) The member or recipient is physically or mentally unfit 3025 to perform the employment, as documented by medical evidence or by 3026 reliable information from other sources.3027 (4) Documented illness of the member or recipient or of 3028 another assistance group member of the member or recipient 3029 requiring the presence of the member or recipient;3030 (5) A documented household emergency;3031 (6) Lack of adequate child care for children of the member or 3032 recipient who are under six years of age.3033 Sec. 5111.31. (A) Every provider agreement with the provider 3034 of a nursing facility or intermediate care facility for the 3035 mentally retarded shall:3036 (1) Prohibit the provider from failing or refusing to retain 3037 as a patient any person because the person is, becomes, or may, as 3038 a patient in the facility, become a medicaid recipient. For the 3039 purposes of this division, a medicaid recipient who is a patient 3040 in a facility shall be considered a patient in the facility during 3041 any hospital stays totaling less than twenty-five days during any 3042 twelve-month period. Recipients who have been identified by the 3043 department of job and family services or its designee as requiring 3044 the level of care of an intermediate care facility for the 3045 mentally retarded shall not be subject to a maximum period of 3046 absences during which they are considered patients if prior 3047 authorization of the department for visits with relatives and 3048 friends and participation in therapeutic programs is obtained 3049 under rules adopted under section 5111.02 of the Revised Code.3050 (2) Except as provided by division (B)(1) of this section, 3051 include any part of the facility that meets standards for 3052 certification of compliance with federal and state laws and rules 3053 for participation in the medicaid program.3054 (3) Prohibit the provider from discriminating against any 3055 patient on the basis of race, color, sex, creed, gender, or 3056 national origin; or sexual orientation or gender identity as those 3057 terms are defined in section 4112.01 of the Revised Code.3058 (4) Except as otherwise prohibited under section 5111.55 of 3059 the Revised Code, prohibit the provider from failing or refusing 3060 to accept a patient because the patient is, becomes, or may, as a 3061 patient in the facility, become a medicaid recipient if less than 3062 eighty per cent of the patients in the facility are medicaid 3063 recipients.3064 (B)(1) Except as provided by division (B)(2) of this section, 3065 the following are not required to be included in a provider 3066 agreement unless otherwise required by federal law:3067 (a) Beds added during the period beginning July 1, 1987, and 3068 ending July 1, 1993, to a nursing home licensed under Chapter 3069 3721. of the Revised Code;3070 (b) Beds in an intermediate care facility for the mentally 3071 retarded that are designated for respite care under a medicaid 3072 waiver component operated pursuant to a waiver sought under 3073 section 5111.87 of the Revised Code.3074 (2) If a provider chooses to include a bed specified in 3075 division (B)(1)(a) of this section in a provider agreement, the 3076 bed may not be removed from the provider agreement unless the 3077 provider withdraws the facility in which the bed is located from 3078 the medicaid program.3079 (C) Nothing in this section shall bar a provider that is a 3080 religious organization operating a religious or denominational 3081 nursing facility or intermediate care facility for the mentally 3082 retarded from giving preference to persons of the same religion or 3083 denomination. Nothing in this section shall bar any provider from 3084 giving preference to persons with whom the provider has contracted 3085 to provide continuing care.3086 (D) Nothing in this section shall bar the provider of a 3087 county home organized under Chapter 5155. of the Revised Code from 3088 admitting residents exclusively from the county in which the 3089 county home is located.3090 (E) No provider of a nursing facility or intermediate care 3091 facility for the mentally retarded for which a provider agreement 3092 is in effect shall violate the provider contract obligations 3093 imposed under this section.3094 (F) Nothing in divisions (A) and (C) of this section shall 3095 bar a provider from retaining patients who have resided in the 3096 provider's facility for not less than one year as private pay 3097 patients and who subsequently become medicaid recipients, but 3098 refusing to accept as a patient any person who is or may, as a 3099 patient in the facility, become a medicaid recipient, if all of 3100 the following apply:3101 (1) The provider does not refuse to retain any patient who 3102 has resided in the provider's facility for not less than one year 3103 as a private pay patient because the patient becomes a medicaid 3104 recipient, except as necessary to comply with division (F)(2) of 3105 this section;3106 (2) The number of medicaid recipients retained under this 3107 division does not at any time exceed ten per cent of all the 3108 patients in the facility;3109 (3) On July 1, 1980, all the patients in the facility were 3110 private pay patients.3111 Sec. 5119.623. The director of mental health may withhold 3112 funds otherwise to be allocated to a board of alcohol, drug 3113 addiction, and mental health services under section 5119.62 of the 3114 Revised Code if the board denies available service on the basis of 3115 religion, race, color, religion, creed, sexgender, age, national 3116 origin, age,or developmental disability; or disability, sexual 3117 orientation, or gender identity, as those terms are defined in 3118 section 4112.01 of the Revised Code, or developmental disability.3119 Sec. 5123.351. The director of developmental disabilities, 3120 with respect to the eligibility for state reimbursement of 3121 expenses incurred by facilities and programs established and 3122 operated under Chapter 5126. of the Revised Code for persons with 3123 mental retardation or a developmental disability, shall do all of 3124 the following:3125 (A) Make rules that may be necessary to carry out the 3126 purposes of Chapter 5126. and sections 5123.35, 5123.351, and 3127 5123.36 of the Revised Code;3128 (B) Define minimum standards for qualifications of personnel, 3129 professional services, and in-service training and educational 3130 leave programs;3131 (C) Review and evaluate community programs and make 3132 recommendations for needed improvements to county boards of 3133 developmental disabilities and to program directors;3134 (D) Withhold state reimbursement, in whole or in part, from 3135 any county or combination of counties for failure to comply with 3136 Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code 3137 or rules of the department of developmental disabilities;3138 (E) Withhold state funds from an agency, corporation, or 3139 association denying or rendering service on the basis of race, 3140 color, sex, religion, gender, ancestry, or national origin,;3141 disability, sexual orientation, or gender identity, as those terms 3142 are defined in section 4112.01 of the Revised Code,; or inability 3143 to pay;3144 (F) Provide consultative staff service to communities to 3145 assist in ascertaining needs and in planning and establishing 3146 programs.3147 Sec. 5126.07. No county board of developmental disabilities 3148 or any agency, corporation, or association under contract with a 3149 county board of developmental disabilities shall discriminate in 3150 the provision of services under its authority or contract on the 3151 basis of race, color, sex, creed, gender, national origin, or3152 disability, national origin,; sexual orientation or gender 3153 identity as those terms are defined in section 4112.01 of the 3154 Revised Code; or the inability to pay.3155 Each county board of developmental disabilities shall provide 3156 a plan of affirmative action describing its goals and methods for 3157 the provision of equal employment opportunities for all persons 3158 under its authority and shall ensure nondiscrimination in 3159 employment under its authority or contract on the basis of race, 3160 color, sex, creed, gender, national origin, or disability, or 3161 national origin; or sexual orientation or gender identity as those 3162 terms are defined in section 4112.01 of the Revised Code.3163 Sec. 5515.08. (A) The department of transportation may 3164 contract to sell commercial advertising space within or on the 3165 outside surfaces of any building located within a roadside rest 3166 area under its jurisdiction in exchange for cash payment. Money 3167 the department receives under this section shall be deposited in 3168 the state treasury to the credit of the roadside rest area 3169 improvement fund, which is hereby created. The department shall 3170 use the money in the fund only to improve roadside rest areas in 3171 accordance with section 5529.06 of the Revised Code.3172 (B) Advertising placed under this section shall comply with 3173 all of the following:3174 (1) It shall not be libelous or obscene and shall not promote 3175 any illegal product or service.3176 (2) It shall not promote illegal discrimination on the basis 3177 of the race, religion, age, ancestry, national origin, or3178 handicap, age, or ancestry; or sexual orientation or gender 3179 identity as those terms are defined in section 4112.01 of the 3180 Revised Code of any person.3181 (3) It shall not support or oppose any candidate for 3182 political office or any political cause, issue, or organization.3183 (4) It shall comply with any controlling federal or state 3184 regulations or restrictions.3185 (5) To the extent physically and technically practical, it 3186 shall state that the advertisement is a paid commercial 3187 advertisement and that the state does not endorse the product or 3188 service promoted by the advertisement or make any representation 3189 about the accuracy of the advertisement or the quality or 3190 performance of the product or service promoted by the 3191 advertisement.3192 (6) It shall conform to all applicable rules adopted by the 3193 director of transportation under division (E) of this section.3194 (C) Contracts entered into under this section shall be 3195 awarded only to the qualified bidder who submits the highest 3196 responsive bid or according to uniformly applied rate classes.3197 (D) No person, except an advertiser alleging a breach of 3198 contract or the improper awarding of a contract, has a cause of 3199 action against the state with respect to any contract or 3200 advertising authorized by this section. Under no circumstances is 3201 the state liable for consequential or noneconomic damages with 3202 respect to any contract or advertising authorized under this 3203 section.3204 (E) The director, in accordance with Chapter 119. of the 3205 Revised Code, shall adopt rules to implement this section. The 3206 rules shall be consistent with the policy of protecting the safety 3207 of the traveling public and consistent with the national policy 3208 governing the use and control of such roadside rest areas. The 3209 rules shall regulate the awarding of contracts and may regulate 3210 the content, display, and other aspects of the commercial 3211 advertising authorized by this section.3212 Sec. 5709.832. The legislative authority of a county, 3213 township, or municipal corporation that grants an exemption from 3214 taxation under Chapter 725. or 1728. or section 3735.67, 5709.40, 3215 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the 3216 Revised Code shall develop policies to ensure that the recipient 3217 of the exemption practices nondiscriminatory hiring in its 3218 operations. As used in this section, "nondiscriminatory hiring" 3219 means that no individual may be denied employment solely on the 3220 basis of race, color, religion, sexgender, ancestry, national 3221 origin, or disability, color, national origin, or ancestry; or 3222 sexual orientation or gender identity as those terms are defined 3223 in section 4112.01 of the Revised Code.3224 Section 2. That existing sections 9.03, 124.93, 125.111, 3225 153.59, 153.591, 340.12, 511.03, 717.01, 1501.012, 1751.18, 3226 2927.03, 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3227 3332.09, 3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 3228 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 3229 4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 3230 5126.07, 5515.08, and 5709.832 of the Revised Code are hereby 3231 repealed.3232 Section 3. That the version of section 5104.09 of the 3233 Revised Code that is scheduled to take effect January 1, 2014, be 3234 amended to read as follows:3235 Sec. 5104.09. (A)(1) Except as provided in rules adopted 3236 pursuant to division (D) of this section, no individual who has 3237 been convicted of or pleaded guilty to a violation described in 3238 division (A)(5) of section 109.572 of the Revised Code, a 3239 violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, 3240 2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 3241 of the Revised Code or a violation of an existing or former law or 3242 ordinance of any municipal corporation, this state, any other 3243 state, or the United States that is substantially equivalent to 3244 any of those violations, or two violations of section 4511.19 of 3245 the Revised Code during operation of the center or home shall be 3246 certified as an in-home aide or be employed in any capacity in or 3247 own or operate a child day-care center, type A family day-care 3248 home, type B family day-care home, or licensed type B family 3249 day-care home.3250 (2) Each employee of a child day-care center and type A home 3251 and every person eighteen years of age or older residing in a type 3252 A home or licensed type B home shall sign a statement on forms 3253 prescribed by the director of job and family services attesting to 3254 the fact that the employee or resident person has not been 3255 convicted of or pleaded guilty to any offense set forth in 3256 division (A)(1) of this section and that no child has been removed 3257 from the employee's or resident person's home pursuant to section 3258 2151.353 of the Revised Code. Each licensee of a type A family 3259 day-care home or type B family day-care home shall sign a 3260 statement on a form prescribed by the director attesting to the 3261 fact that no person who resides at the type A home or licensed 3262 type B home and who is under the age of eighteen has been 3263 adjudicated a delinquent child for committing a violation of any 3264 section listed in division (A)(1) of this section. The statements 3265 shall be kept on file at the center, type A home, or licensed type 3266 B home.3267 (3) Each in-home aide shall sign a statement on forms 3268 prescribed by the director of job and family services attesting 3269 that the aide has not been convicted of or pleaded guilty to any 3270 offense set forth in division (A)(1) of this section and that no 3271 child has been removed from the aide's home pursuant to section 3272 2151.353 of the Revised Code. The statement shall be kept on file 3273 at the county department of job and family services.3274 (4) Each administrator and licensee of a center, type A home, 3275 or licensed type B home shall sign a statement on a form 3276 prescribed by the director of job and family services attesting 3277 that the administrator or licensee has not been convicted of or 3278 pleaded guilty to any offense set forth in division (A)(1) of this 3279 section and that no child has been removed from the 3280 administrator's or licensee's home pursuant to section 2151.353 of 3281 the Revised Code. The statement shall be kept on file at the 3282 center, type A home, or licensed type B home.3283 (B) No in-home aide, no administrator, licensee, or employee 3284 of a center, type A home, or licensed type B home, and no person 3285 eighteen years of age or older residing in a type A home or 3286 licensed type B home shall withhold information from, or falsify 3287 information on, any statement required pursuant to division 3288 (A)(2), (3), or (4) of this section.3289 (C) No administrator, licensee, or child-care staff member 3290 shall discriminate in the enrollment of children in a child 3291 day-care center upon the basis of race, color, religion, sex3292 gender, or national origin; or sexual orientation or gender 3293 identity as those terms are defined in section 4112.01 of the 3294 Revised Code.3295 (D) The director of job and family services shall adopt rules 3296 in accordance with Chapter 119. of the Revised Code to implement 3297 this section, including rules specifying exceptions to the 3298 prohibition in division (A) of this section for persons who have 3299 been convicted of an offense listed in that division but meet 3300 rehabilitation standards set by the director.3301 Section 4. That the existing version of section 5104.09 of 3302 the Revised Code that is scheduled to take effect January 1, 2014, 3303 is hereby repealed.3304 Section 5. Sections 3 and 4 of this act shall take effect 3305 January 1, 2014.3306 Section 6. The General Assembly, applying the principle 3307 stated in division (B) of section 1.52 of the Revised Code that 3308 amendments are to be harmonized if reasonably capable of 3309 simultaneous operation, finds that the following sections, 3310 presented in this act as composites of the sections as amended by 3311 the acts as indicated, are the resulting versions of the sections 3312 in effect prior to the effective date of the sections as presented 3313 in this act:3314 Section 4112.04 of the Revised Code as amended by Am. Sub. 3315 H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of the 3316 128th General Assembly.3317 Section 5104.09 of the Revised Code, effective January 1, 3318 2014, as amended by Am. Sub. H.B. 487 and Am. Sub. S.B. 316 of the 3319 129th General Assembly.3320