Text of OH HB 335 (2011)

As Introduced 129th General Assembly Regular Session 2011-2012 H. B. No. 335 Representatives Antonio, McGregor Cosponsors: Representatives Garland, Ramos, Murray, Driehaus, Foley, Celeste, Stinziano, Slesnick, Fedor, Hagan, R., Boyd, Clyde, Yuko, Williams, Letson, Lundy, Gentile, Szollosi, Heard, Goyal, Ashford, O'Brien, Barnes A BILL To amend sections 9.03, 124.93, 125.111, 340.12, 1 511.03, 717.01, 1501.012, 1751.18, 2927.03, 2 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3 3314.06, 3332.09, 3721.13, 3905.55, 4111.17, 4 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 5 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 6 4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 7 5119.623, 5123.351, 5126.07, 5515.08, and 5709.832 8 of the Revised Code to prohibit discrimination on 9 the basis of sexual orientation or gender 10 identity.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 9.03, 124.93, 125.111, 340.12, 12 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3301.53, 13 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3905.55, 14 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 15 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 16 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 5515.08, and 17 5709.832 of the Revised Code be amended to read as follows:18 Sec. 9.03. (A) As used in this section, "political 19 subdivision" means any body corporate and politic, except a 20 municipal corporation that has adopted a charter under Section 7 21 of Article XVIII, Ohio Constitution, and except a county that has 22 adopted a charter under Sections 3 and 4 of Article X, Ohio 23 Constitution, to which both of the following apply:24 (1) It is responsible for governmental activities only in a 25 geographic area smaller than the state.26 (2) It is subject to the sovereign immunity of the state.27 (B) Except as otherwise provided in division (C) of this 28 section, the governing body of a political subdivision may use 29 public funds to publish and distribute newsletters, or to use any 30 other means, to communicate information about the plans, policies, 31 and operations of the political subdivision to members of the 32 public within the political subdivision and to other persons who 33 may be affected by the political subdivision.34 (C) Except as otherwise provided in division (A)(7) of 35 section 340.03 or division (A)(12) of section 340.033 of the 36 Revised Code, no governing body of a political subdivision shall 37 use public funds to do any of the following:38 (1) Publish, distribute, or otherwise communicate information 39 that does any of the following:40 (a) Contains defamatory, libelous, or obscene matter;41 (b) Promotes alcoholic beverages, cigarettes or other tobacco 42 products, or any illegal product, service, or activity;43 (c) Promotes illegal discrimination on the basis of sexual 44 orientation or gender identity as those terms are defined in 45 section 4112.01 of the Revised Code, gender, race, color, 46 religion, national origin, handicap, age, or ancestry;47 (d) Supports or opposes any labor organization or any action 48 by, on behalf of, or against any labor organization;49 (e) Supports or opposes the nomination or election of a 50 candidate for public office, the investigation, prosecution, or 51 recall of a public official, or the passage of a levy or bond 52 issue.53 (2) Compensate any employee of the political subdivision for 54 time spent on any activity to influence the outcome of an election 55 for any of the purposes described in division (C)(1)(e) of this 56 section. Division (C)(2) of this section does not prohibit the use 57 of public funds to compensate an employee of a political 58 subdivision for attending a public meeting to present information 59 about the political subdivision's finances, activities, and 60 governmental actions in a manner that is not designed to influence 61 the outcome of an election or the passage of a levy or bond issue, 62 even though the election, levy, or bond issue is discussed or 63 debated at the meeting.64 (D) Nothing in this section prohibits or restricts any 65 political subdivision from sponsoring, participating in, or doing 66 any of the following:67 (1) Charitable or public service advertising that is not 68 commercial in nature;69 (2) Advertising of exhibitions, performances, programs, 70 products, or services that are provided by employees of a 71 political subdivision or are provided at or through premises owned 72 or operated by a political subdivision;73 (3) Licensing an interest in a name or mark that is owned or 74 controlled by the political subdivision.75 (E) As used in this section, "cigarettes" and "tobacco 76 product" have the same meanings as in section 5743.01 of the 77 Revised Code.78 Sec. 124.93. (A) As used in this section, "physician" means 79 any person who holds a valid certificate to practice medicine and 80 surgery or osteopathic medicine and surgery issued under Chapter 81 4731. of the Revised Code.82 (B) No health insuring corporation that, on or after July 1, 83 1993, enters into or renews a contract with the department of 84 administrative services under section 124.82 of the Revised Code, 85 because of a physician's race, color, religion, sexgender, or86 national origin,; disability, sexual orientation, gender identity,87 or military status, as those terms are defined in section 4112.01 88 of the Revised Code,; age,; or ancestry, shall refuse to contract 89 with that physician for the provision of health care services 90 under section 124.82 of the Revised Code.91 Any health insuring corporation that violates this division 92 is deemed to have engaged in an unlawful discriminatory practice 93 as defined in section 4112.02 of the Revised Code and is subject 94 to Chapter 4112. of the Revised Code.95 (C) Each health insuring corporation that, on or after July 96 1, 1993, enters into or renews a contract with the department of 97 administrative services under section 124.82 of the Revised Code 98 and that refuses to contract with a physician for the provision of 99 health care services under that section shall provide that 100 physician with a written notice that clearly explains the reason 101 or reasons for the refusal. The notice shall be sent to the 102 physician by regular mail within thirty days after the refusal.103 Any health insuring corporation that fails to provide notice 104 in compliance with this division is deemed to have engaged in an 105 unfair and deceptive act or practice in the business of insurance 106 as defined in section 3901.21 of the Revised Code and is subject 107 to sections 3901.19 to 3901.26 of the Revised Code.108 Sec. 125.111. (A) Every contract for or on behalf of the 109 state or any of its political subdivisions for any purchase shall 110 contain provisions similar to those required by section 153.59 of 111 the Revised Code in the case of construction contracts by which 112 the contractor agrees to both of the following:113 (1) That, in the hiring of employees for the performance of 114 work under the contract or any subcontract, no contractor or 115 subcontractor, by reason of race, color, religion, sexgender, or116 age,; disability, sexual orientation, gender identity, or military 117 status, as those terms are defined in section 4112.01 of the 118 Revised Code,; national origin,; or ancestry, shall discriminate 119 against any citizen of this state in the employment of a person 120 qualified and available to perform the work to which the contract 121 relates;122 (2) That no contractor, subcontractor, or person acting on 123 behalf of any contractor or subcontractor, in any manner, shall 124 discriminate against, intimidate, or retaliate against any 125 employee hired for the performance of work under the contract on 126 account of race, color, religion, sexgender, or age,; disability, 127 sexual orientation, gender identity, or military status, as those 128 terms are defined in section 4112.01 of the Revised Code,;129 national origin,; or ancestry.130 (B) All contractors from whom the state or any of its 131 political subdivisions make purchases shall have a written 132 affirmative action program for the employment and effective 133 utilization of economically disadvantaged persons, as referred to 134 in division (E)(1) of section 122.71 of the Revised Code. 135 Annually, each such contractor shall file a description of the 136 affirmative action program and a progress report on its 137 implementation with the equal employment opportunity office of the 138 department of administrative services.139 Sec. 340.12. No board of alcohol, drug addiction, and mental 140 health services or any agency, corporation, or association under 141 contract with such a board shall discriminate in the provision of 142 services under its authority, in employment, or contract on the 143 basis of sexual orientation or gender identity as those terms are 144 defined in section 4112.01 of the Revised Code, race, color, sex145 gender, creed, disability, or national origin.146 Each board, each community mental health agency, and each 147 alcohol and drug addiction program shall have a written 148 affirmative action program. The affirmative action program shall 149 include goals for the employment and effective utilization of, 150 including contracts with, members of economically disadvantaged 151 groups as defined in division (E)(1) of section 122.71 of the 152 Revised Code in percentages reflecting as nearly as possible the 153 composition of the alcohol, drug addiction, and mental health 154 service district served by the board. Each board, agency, and 155 program shall file a description of the affirmative action program 156 and a progress report on its implementation with the department of 157 mental health or the department of alcohol and drug addiction 158 services.159 Sec. 511.03. After an affirmative vote in an election held 160 under sections 511.01 and 511.02 of the Revised Code, the board of 161 township trustees may make all contracts necessary for the 162 purchase of a site, and the erection, improvement, or enlargement 163 of such building. The board shall have control of any town hall 164 belonging to the township, and it may rent or lease all or part of 165 any hall, lodge, or recreational facility belonging to the 166 township, to any person or organization under terms the board 167 considers proper, for which all rent shall be paid in advance or 168 fully secured. In establishing the terms of any rental agreement 169 or lease pursuant to this section, the board of township trustees 170 may give preference to persons who are residents of or 171 organizations that are headquartered in the township or that are 172 charitable or fraternal in nature. All persons or organizations 173 shall be treated on a like or similar basis, and no 174 differentiation shall be made on the basis of sexual orientation 175 or gender identity as those terms are defined in section 4112.01 176 of the Revised Code, race, color, religion, national origin, sex177 gender, or political affiliation. The rents received for such 178 facilities may be used for their repair or improvement, and any 179 balance shall be used for general township purposes.180 Sec. 717.01. Each municipal corporation may do any of the 181 following:182 (A) Acquire by purchase or condemnation real estate with or 183 without buildings on it, and easements or interests in real 184 estate;185 (B) Extend, enlarge, reconstruct, repair, equip, furnish, or 186 improve a building or improvement that it is authorized to acquire 187 or construct;188 (C) Erect a crematory or provide other means for disposing of 189 garbage or refuse, and erect public comfort stations;190 (D) Purchase turnpike roads and make them free;191 (E) Construct wharves and landings on navigable waters;192 (F) Construct infirmaries, workhouses, prisons, police 193 stations, houses of refuge and correction, market houses, public 194 halls, public offices, municipal garages, repair shops, storage 195 houses, and warehouses;196 (G) Construct or acquire waterworks for supplying water to 197 the municipal corporation and its inhabitants and extend the 198 waterworks system outside of the municipal corporation limits;199 (H) Construct or purchase gas works or works for the 200 generation and transmission of electricity, for the supplying of 201 gas or electricity to the municipal corporation and its 202 inhabitants;203 (I) Provide grounds for cemeteries or crematories, enclose 204 and embellish them, and construct vaults or crematories;205 (J) Construct sewers, sewage disposal works, flushing 206 tunnels, drains, and ditches;207 (K) Construct free public libraries and reading rooms, and 208 free recreation centers;209 (L) Establish free public baths and municipal lodging houses;210 (M) Construct monuments or memorial buildings to commemorate 211 the services of soldiers, sailors, and marines of the state and 212 nation;213 (N) Provide land for and improve parks, boulevards, and 214 public playgrounds;215 (O) Construct hospitals and pesthouses;216 (P) Open, construct, widen, extend, improve, resurface, or 217 change the line of any street or public highway;218 (Q) Construct and improve levees, dams, waterways, 219 waterfronts, and embankments and improve any watercourse passing 220 through the municipal corporation;221 (R) Construct or improve viaducts, bridges, and culverts;222 (S)(1) Construct any building necessary for the police or 223 fire department;224 (2) Purchase fire engines or fire boats;225 (3) Construct water towers or fire cisterns;226 (4) Place underground the wires or signal apparatus of any 227 police or fire department.228 (T) Construct any municipal ice plant for the purpose of 229 manufacturing ice for the citizens of a municipal corporation;230 (U) Construct subways under any street or boulevard or 231 elsewhere;232 (V) Acquire by purchase, gift, devise, bequest, lease, 233 condemnation proceedings, or otherwise, real or personal property, 234 and thereon and thereof to establish, construct, enlarge, improve, 235 equip, maintain, and operate airports, landing fields, or other 236 air navigation facilities, either within or outside the limits of 237 a municipal corporation, and acquire by purchase, gift, devise, 238 lease, or condemnation proceedings rights-of-way for connections 239 with highways, waterways, and electric, steam, and interurban 240 railroads, and improve and equip such facilities with structures 241 necessary or appropriate for such purposes. No municipal 242 corporation may take or disturb property or facilities belonging 243 to any public utility or to a common carrier engaged in interstate 244 commerce, which property or facilities are required for the proper 245 and convenient operation of the utility or carrier, unless 246 provision is made for the restoration, relocation, or duplication 247 of the property or facilities elsewhere at the sole cost of the 248 municipal corporation.249 (W) Provide by agreement with any regional airport authority, 250 created under section 308.03 of the Revised Code, for the making 251 of necessary surveys, appraisals, and examinations preliminary to 252 the acquisition or construction of any airport or airport facility 253 and pay the portion of the expense of the surveys, appraisals, and 254 examinations as set forth in the agreement;255 (X) Provide by agreement with any regional airport authority, 256 created under section 308.03 of the Revised Code, for the 257 acquisition, construction, maintenance, or operation of any 258 airport or airport facility owned or to be owned and operated by 259 the regional airport authority or owned or to be owned and 260 operated by the municipal corporation and pay the portion of the 261 expense of it as set forth in the agreement;262 (Y) Acquire by gift, purchase, lease, or condemnation, land, 263 forest, and water rights necessary for conservation of forest 264 reserves, water parks, or reservoirs, either within or without the 265 limits of the municipal corporation, and improve and equip the 266 forest and water parks with structures, equipment, and 267 reforestation necessary or appropriate for any purpose for the 268 utilization of any of the forest and water benefits that may 269 properly accrue therefrom to the municipal corporation;270 (Z) Acquire real property by purchase, gift, or devise and 271 construct and maintain on it public swimming pools, either within 272 or outside the limits of the municipal corporation;273 (AA) Construct or rehabilitate, equip, maintain, operate, and 274 lease facilities for housing of elderly persons and for persons of 275 low and moderate income, and appurtenant facilities. No municipal 276 corporation shall deny housing accommodations to or withhold 277 housing accommodations from elderly persons or persons of low and 278 moderate income because of race, color, religion, sex,or gender;279 familial status as defined in section 4112.01 of the Revised Code, 280 military status as defined in that section, disability as defined 281 in that section, or sexual orientation, or gender identity, as 282 those terms are defined in section 4112.01 of the Revised Code;283 ancestry,; or national origin. Any elderly person or person of low 284 or moderate income who is denied housing accommodations or has 285 them withheld by a municipal corporation because of race, color, 286 religion, sex,or gender; familial status as defined in section 287 4112.01 of the Revised Code, military status as defined in that 288 section, disability as defined in that section, sexual 289 orientation, or gender identity, as those terms are defined in 290 section 4112.01 of the Revised Code; ancestry,; or national origin 291 may file a charge with the Ohio civil rights commission as 292 provided in Chapter 4112. of the Revised Code.293 (BB) Acquire, rehabilitate, and develop rail property or rail 294 service, and enter into agreements with the Ohio rail development 295 commission, boards of county commissioners, boards of township 296 trustees, legislative authorities of other municipal corporations, 297 with other governmental agencies or organizations, and with 298 private agencies or organizations in order to achieve those 299 purposes;300 (CC) Appropriate and contribute money to a soil and water 301 conservation district for use under Chapter 1515. of the Revised 302 Code;303 (DD) Authorize the board of county commissioners, pursuant to 304 a contract authorizing the action, to contract on the municipal 305 corporation's behalf for the administration and enforcement within 306 its jurisdiction of the state building code by another county or 307 another municipal corporation located within or outside the 308 county. The contract for administration and enforcement shall 309 provide for obtaining certification pursuant to division (E) of 310 section 3781.10 of the Revised Code for the exercise of 311 administration and enforcement authority within the municipal 312 corporation seeking those services and shall specify which 313 political subdivision is responsible for securing that 314 certification.315 (EE) Expend money for providing and maintaining services and 316 facilities for senior citizens.317 "Airport," "landing field," and "air navigation facility," as 318 defined in section 4561.01 of the Revised Code, apply to division 319 (V) of this section.320 As used in divisions (W) and (X) of this section, "airport" 321 and "airport facility" have the same meanings as in section 308.01 322 of the Revised Code.323 As used in division (BB) of this section, "rail property" and 324 "rail service" have the same meanings as in section 4981.01 of the 325 Revised Code.326 Sec. 1501.012. (A) The director of natural resources may 327 lease lands in state parks, as defined in section 1501.07 of the 328 Revised Code, and contract for the construction and operation of 329 public service facilities, as mentioned in that section, and for 330 major renovation or remodeling of existing public service 331 facilities by the lessees on those lands. If the director 332 determines that doing so would be consistent with long-range 333 planning of the department of natural resources and in the best 334 interests of the department and the division of parks and 335 recreation in the department, the director shall negotiate and 336 execute a lease and contract for those purposes in accordance with 337 this chapter except as otherwise provided in this section.338 (B) With the approval of the recreation and resources council 339 created under section 1501.04 of the Revised Code, the director 340 shall draft a statement of intent describing any public service 341 facility that the department wishes to have constructed in 342 accordance with this section and establishing a procedure for the 343 submission of proposals for providing the facility, including, but 344 not limited to, a requirement that each prospective bidder or 345 lessee of land shall submit with the proposal a completed 346 questionnaire and financial statement, on forms prescribed and 347 furnished by the department, to enable the department to ascertain 348 the person's financial worth and experience in maintaining and 349 operating facilities similar or related to the public service 350 facility in question. The completed questionnaire and financial 351 statement shall be verified under oath by the prospective bidder 352 or lessee. Questionnaires and financial statements submitted under 353 this division are confidential and are not open to public 354 inspection. Nothing in this division shall be construed to prevent 355 use of or reference to questionnaires and financial statements in 356 a civil action or criminal prosecution commenced by the state.357 The director shall publish the statement of intent in at 358 least three daily newspapers of general circulation in the state 359 at least once each week for four consecutive weeks. The director 360 then shall accept proposals in response to the statement of intent 361 for at least thirty days following the final publication of the 362 statement. At the end of the period during which proposals may be 363 submitted under this division, the director shall select the 364 proposal that the director determines best complies with the 365 statement of intent and may negotiate a lease and contract with 366 the person that submitted that proposal.367 (C) Any lease and contract negotiated under this section 368 shall include in its terms and conditions all of the following:369 (1) The legal description of the leasehold;370 (2) The duration of the lease and contract, which shall not 371 exceed forty years, and a requirement that the lease and contract 372 be nonrenewable;373 (3) A requirement that the lessee maintain in full force and 374 effect during the term of the lease and contract comprehensive 375 liability insurance for injury, death, or loss to persons or 376 property and fire casualty insurance for the public service 377 facility and all its structures in an amount established by the 378 director and naming the department as an additional insured;379 (4) A requirement that the lessee maintain in full force and 380 effect suitable performance bonds or other adequate security 381 pertaining to the construction and operation of the public service 382 facility;383 (5) Detailed plans and specifications controlling the 384 construction of the public service facility that shall include all 385 of the following:386 (a) The size and capacity of the facility;387 (b) The type and quality of construction;388 (c) Other criteria that the department considers necessary 389 and advisable.390 (6) The manner of rental payment;391 (7) A stipulation that the director shall have control and 392 supervision over all of the following:393 (a) The operating season of the public service facility;394 (b) The facility's hours of operation;395 (c) The maximum rates to be charged guests using the 396 facility;397 (d) The facility's sanitary conditions;398 (e) The quality of food and service furnished the guests of 399 the facility;400 (f) The lessee's general and structural maintenance 401 responsibilities at the facility.402 (8) The disposition of the leasehold and improvements at the 403 expiration of the lease and contract;404 (9) A requirement that the public service facility be 405 available to all members of the public without regard to sex406 gender, race, color, creed, ancestry, or national origin,; or 407 disability, sexual orientation or gender identity, as those terms 408 are defined in section 4112.01 of the Revised Code;409 (10) Other terms and conditions that the director considers 410 necessary and advisable to carry out the purposes of this section.411 (D) The attorney general shall approve the form of the lease 412 and contract prior to its execution by the director.413 (E) The authority granted in this section to the director is 414 in addition and supplemental to any other authority granted the 415 director under state law.416 Sec. 1751.18. (A)(1) No health insuring corporation shall 417 cancel or fail to renew the coverage of a subscriber or enrollee 418 because of any health status-related factor in relation to the 419 subscriber or enrollee, the subscriber's or enrollee's 420 requirements for health care services, or for any other reason 421 designated under rules adopted by the superintendent of insurance.422 (2) Unless otherwise required by state or federal law, no 423 health insuring corporation, or health care facility or provider 424 through which the health insuring corporation has made 425 arrangements to provide health care services, shall discriminate 426 against any individual with regard to enrollment, disenrollment, 427 or the quality of health care services rendered, on the basis of 428 the individual's race, color, sexgender, age, religion,; military 429 status, sexual orientation, or gender identity, as those terms 430 are defined in section 4112.01 of the Revised Code,; or status as 431 a recipient of medicare or medicaid, or any health status-related 432 factor in relation to the individual. However, a health insuring 433 corporation shall not be required to accept a recipient of 434 medicare or medical assistance, if an agreement has not been 435 reached on appropriate payment mechanisms between the health 436 insuring corporation and the governmental agency administering 437 these programs. Further, except for open enrollment coverage under 438 sections 3923.58 and 3923.581 of the Revised Code, a health 439 insuring corporation may reject an applicant for nongroup 440 enrollment on the basis of any health status-related factor in 441 relation to the applicant.442 (B) A health insuring corporation may cancel or decide not to 443 renew the coverage of an enrollee if the enrollee has performed an 444 act or practice that constitutes fraud or intentional 445 misrepresentation of material fact under the terms of the coverage 446 and if the cancellation or nonrenewal is not based, either 447 directly or indirectly, on any health status-related factor in 448 relation to the enrollee.449 (C) An enrollee may appeal any action or decision of a health 450 insuring corporation taken pursuant to section 2742(b) to (e) of 451 the "Health Insurance Portability and Accountability Act of 1996," 452 Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as 453 amended. To appeal, the enrollee may submit a written complaint to 454 the health insuring corporation pursuant to section 1751.19 of the 455 Revised Code. The enrollee may, within thirty days after receiving 456 a written response from the health insuring corporation, appeal 457 the health insuring corporation's action or decision to the 458 superintendent.459 (D) As used in this section, "health status-related factor" 460 means any of the following:461 (1) Health status;462 (2) Medical condition, including both physical and mental 463 illnesses;464 (3) Claims experience;465 (4) Receipt of health care;466 (5) Medical history;467 (6) Genetic information;468 (7) Evidence of insurability, including conditions arising 469 out of acts of domestic violence;470 (8) Disability.471 Sec. 2927.03. (A) No person, whether or not acting under 472 color of law, shall by force or threat of force willfully injure, 473 intimidate, or interfere with, or attempt to injure, intimidate, 474 or interfere with, any of the following:475 (1) Any person because of race, color, religion, sexgender, 476 national origin, or ancestry; or familial status as defined in 477 section 4112.01 of the Revised Code, national origin, military 478 status as defined in that section, disability as defined in that 479 section, gender identity, or ancestrysexual orientation, as those 480 terms are defined in section 4112.01 of the Revised Code, and 481 because that person is or has been selling, purchasing, renting, 482 financing, occupying, contracting, or negotiating for the sale, 483 purchase, rental, financing, or occupation of any housing 484 accommodations, or applying for or participating in any service, 485 organization, or facility relating to the business of selling or 486 renting housing accommodations;487 (2) Any person because that person is or has been doing, or 488 in order to intimidate that person or any other person or any 489 class of persons from doing, either of the following:490 (a) Participating, without discrimination on account of race, 491 color, religion, sexgender, national origin, or ancestry; or492 familial status as defined in section 4112.01 of the Revised Code, 493 national origin, military status as defined in that section, 494 disability as defined in that section, gender identity, or 495 ancestry,sexual orientation, as those terms are defined in 496 section 4112.01 of the Revised Code, in any of the activities, 497 services, organizations, or facilities described in division 498 (A)(1) of this section;499 (b) Affording another person or class of persons opportunity 500 or protection so to participate.501 (3) Any person because that person is or has been, or in 502 order to discourage that person or any other person from, lawfully 503 aiding or encouraging other persons to participate, without 504 discrimination on account of race, color, religion, sexgender, 505 national origin, or ancestry; or familial status as defined in 506 section 4112.01 of the Revised Code, national origin, military 507 status as defined in that section, disability as defined in that 508 section, gender identity, or ancestry,sexual orientation, as 509 those terms are defined in section 4112.01 of the Revised Code, in 510 any of the activities, services, organizations, or facilities 511 described in division (A)(1) of this section, or participating 512 lawfully in speech or peaceful assembly opposing any denial of the 513 opportunity to so participate.514 (B) Whoever violates division (A) of this section is guilty 515 of a misdemeanor of the first degree.516 Sec. 3113.36. (A) To qualify for funds under section 3113.35 517 of the Revised Code, a shelter for victims of domestic violence 518 shall meet all of the following requirements:519 (1) Be incorporated in this state as a nonprofit corporation;520 (2) Have trustees who represent the racial, ethnic, and 521 socioeconomic diversity of the community to be served, including 522 at least one person who is or has been a victim of domestic 523 violence;524 (3) Receive at least twenty-five per cent of its funds from 525 sources other than funds distributed pursuant to section 3113.35 526 of the Revised Code. These other sources may be public or private, 527 and may include funds distributed pursuant to section 3113.37 of 528 the Revised Code, and contributions of goods or services, 529 including materials, commodities, transportation, office space, or 530 other types of facilities or personal services.531 (4) Provide residential service or facilities for children 532 when accompanied by a parent, guardian, or custodian who is a 533 victim of domestic violence and who is receiving temporary 534 residential service at the shelter;535 (5) Require persons employed by or volunteering services to 536 the shelter to maintain the confidentiality of any information 537 that would identify individuals served by the shelter.538 (B) A shelter for victims of domestic violence does not 539 qualify for funds if it discriminates in its admissions or 540 provision of services on the basis of sexual orientation or gender 541 identity as those terms are defined in section 4112.01 of the 542 Revised Code, race, religion, color, age, marital status, national 543 origin, or ancestry. A shelter does not qualify for funds in the 544 second half of any year if its application projects the provision 545 of residential service and such service has not been provided in 546 the first half of that year; such a shelter does not qualify for 547 funds in the following year.548 Sec. 3301.53. (A) The state board of education, in 549 consultation with the director of job and family services, shall 550 formulate and prescribe by rule adopted under Chapter 119. of the 551 Revised Code minimum standards to be applied to preschool programs 552 operated by school district boards of education, county DD boards, 553 or eligible nonpublic schools. The rules shall include the 554 following:555 (1) Standards ensuring that the preschool program is located 556 in a safe and convenient facility that accommodates the enrollment 557 of the program, is of the quality to support the growth and 558 development of the children according to the program objectives, 559 and meets the requirements of section 3301.55 of the Revised Code;560 (2) Standards ensuring that supervision, discipline, and 561 programs will be administered according to established objectives 562 and procedures;563 (3) Standards ensuring that preschool staff members and 564 nonteaching employees are recruited, employed, assigned, 565 evaluated, and provided inservice education without discrimination 566 on the basis of sexual orientation or gender identity as those 567 terms are defined in section 4112.01 of the Revised Code, age, 568 color, national origin, race, or sexgender; and that preschool 569 staff members and nonteaching employees are assigned 570 responsibilities in accordance with written position descriptions 571 commensurate with their training and experience;572 (4) A requirement that boards of education intending to 573 establish a preschool program demonstrate a need for a preschool 574 program prior to establishing the program;575 (5) Requirements that children participating in preschool 576 programs have been immunized to the extent considered appropriate 577 by the state board to prevent the spread of communicable disease;578 (6) Requirements that the parents of preschool children 579 complete the emergency medical authorization form specified in 580 section 3313.712 of the Revised Code.581 (B) The state board of education in consultation with the 582 director of job and family services shall ensure that the rules 583 adopted by the state board under sections 3301.52 to 3301.58 of 584 the Revised Code are consistent with and meet or exceed the 585 requirements of Chapter 5104. of the Revised Code with regard to 586 child day-care centers. The state board and the director of job 587 and family services shall review all such rules at least once 588 every five years.589 (C) The state board of education, in consultation with the 590 director of job and family services, shall adopt rules for school 591 child programs that are consistent with and meet or exceed the 592 requirements of the rules adopted for school child day-care 593 centers under Chapter 5104. of the Revised Code.594 Sec. 3304.14. The governor shall appoint an administrator of 595 the rehabilitation services commission to serve at the pleasure of 596 the governor and shall fix the administrator's compensation. The 597 administrator shall devote the administrator's entire time to the 598 duties of the administrator's office, shall hold no other office 599 or position of trust and profit, and shall engage in no other 600 business during the administrator's term of office. The governor 601 may grant the administrator the authority to appoint, remove, and 602 discipline without regard to sexsexual orientation or gender 603 identity as those terms are defined in section 4112.01 of the 604 Revised Code, gender, race, creed, color, age, or national origin, 605 such other professional, administrative, and clerical staff 606 members as are necessary to carry out the functions and duties of 607 the commission.608 Sec. 3304.50. The Ohio independent living council 609 established and appointed by the governor under the authority of 610 section 107.18 of the Revised Code and pursuant to the 611 "Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 612 U.S.C.A. 796d, shall appoint an executive director to serve at the 613 pleasure of the council and shall fix histhe executive director's614 compensation. The executive director shall not be considered a 615 public employee for purposes of Chapter 4117. of the Revised Code. 616 The council may delegate to the executive director the authority 617 to appoint, remove, and discipline, without regard to sexsexual 618 orientation or gender identity as those terms are defined in 619 section 4112.01 of the Revised Code, gender, race, creed, color, 620 age, or national origin, such other professional, administrative, 621 and clerical staff members as are necessary to carry out the 622 functions and duties of the council.623 Sec. 3313.481. (A) With the approval of the department of 624 education, a board of education of a city, exempted village, 625 local, or joint vocational school district may operate any of its 626 schools on a schedule other than that required by section 3313.48 627 of the Revised Code in order to do any of the following:628 (1) To provide a flexible school day during which may be held 629 parent-teacher conferences and reporting periods involving time in 630 excess of that permitted to be credited toward fulfillment of the 631 minimum school year under section 3313.48 of the Revised Code;632 (2) To establish and maintain a calendar of quarters, 633 trimesters, or pentamesters;634 (3) To provide staggered attendance schedules if it receives 635 approval to do so from the department of education.636 (B) A school district operating a school under this section 637 shall have such school open for instruction for each pupil 638 enrolled in that school for at least nine hundred ten hours during 639 the school year. For purposes of determining whether a school that 640 is on a staggered attendance schedule is in compliance with this 641 section in any school year, the department of education may 642 include days the school was open for instruction with pupils in 643 attendance for not more than the first seventy days of the ensuing 644 school year provided such days are not considered as days the 645 school was open for instruction during such ensuing school year. 646 The following shall be considered as time during which the schools 647 are open for instruction for a pupil enrolled in such a school, or 648 for a pupil enrolled in a school that is not on a staggered 649 attendance schedule but that operates under this section:650 (1) Morning and afternoon recess periods of not more than 651 fifteen minutes duration per period for a pupil in grades one 652 through six;653 (2) Ten hours during which the pupil would otherwise be in 654 attendance but when he is not required to attend school in order 655 to provide time for individualized parent-teacher conferences and 656 reporting periods;657 (3) Ten hours during which the pupil would otherwise be in 658 attendance but is not required to attend school in order to 659 provide time for teachers to attend professional meetings;660 (4) The number of hours pupils would otherwise be in 661 attendance but are not required to attend because school is closed 662 as a result of a public calamity as provided in section 3317.01 of 663 the Revised Code.664 (C) No board of education shall discriminate on the basis of 665 sexsexual orientation or gender identity as those terms are 666 defined in section 4112.01 of the Revised Code, gender, race, 667 religion, or national origin when assigning pupils to attendance 668 schedules pursuant to this section.669 Sec. 3314.06. The governing authority of each community 670 school established under this chapter shall adopt admission 671 procedures that specify the following:672 (A) That except as otherwise provided in this section, 673 admission to the school shall be open to any individual age five 674 to twenty-two entitled to attend school pursuant to section 675 3313.64 or 3313.65 of the Revised Code in a school district in the 676 state.677 (B)(1) That admission to the school may be limited to 678 students who have attained a specific grade level or are within a 679 specific age group; to students that meet a definition of 680 "at-risk," as defined in the contract; to residents of a specific 681 geographic area within the district, as defined in the contract; 682 or to separate groups of autistic students and nondisabled 683 students, as authorized in section 3314.061 of the Revised Code 684 and as defined in the contract.685 (2) For purposes of division (B)(1) of this section, 686 "at-risk" students may include those students identified as gifted 687 students under section 3324.03 of the Revised Code.688 (C) Whether enrollment is limited to students who reside in 689 the district in which the school is located or is open to 690 residents of other districts, as provided in the policy adopted 691 pursuant to the contract.692 (D)(1) That there will be no discrimination in the admission 693 of students to the school on the basis of sexual orientation or 694 gender identity as those terms are defined in section 4112.01 of 695 the Revised Code, race, creed, color, disability, or sexgender696 except that:697 (a) The governing authority may establish single-gender 698 schools for the purpose described in division (G) of this section 699 provided comparable facilities and learning opportunities are 700 offered for both boys and girls. Such comparable facilities and 701 opportunities may be offered for each sexgender at separate 702 locations.703 (b) The governing authority may establish a school that 704 simultaneously serves a group of students identified as autistic 705 and a group of students who are not disabled, as authorized in 706 section 3314.061 of the Revised Code. However, unless the total 707 capacity established for the school has been filled, no student 708 with any disability shall be denied admission on the basis of that 709 disability.710 (2) That upon admission of any student with a disability, the 711 community school will comply with all federal and state laws 712 regarding the education of students with disabilities.713 (E) That the school may not limit admission to students on 714 the basis of intellectual ability, measures of achievement or 715 aptitude, or athletic ability, except that a school may limit its 716 enrollment to students as described in division (B) of this 717 section.718 (F) That the community school will admit the number of 719 students that does not exceed the capacity of the school's 720 programs, classes, grade levels, or facilities.721 (G) That the purpose of single-gender schools that are 722 established shall be to take advantage of the academic benefits 723 some students realize from single-gender instruction and 724 facilities and to offer students and parents residing in the 725 district the option of a single-gender education.726 (H) That, except as otherwise provided under division (B) of 727 this section or section 3314.061 of the Revised Code, if the 728 number of applicants exceeds the capacity restrictions of division 729 (F) of this section, students shall be admitted by lot from all 730 those submitting applications, except preference shall be given to 731 students attending the school the previous year and to students 732 who reside in the district in which the school is located. 733 Preference may be given to siblings of students attending the 734 school the previous year.735 Notwithstanding divisions (A) to (H) of this section, in the 736 event the racial composition of the enrollment of the community 737 school is violative of a federal desegregation order, the 738 community school shall take any and all corrective measures to 739 comply with the desegregation order.740 Sec. 3332.09. The state board of career colleges and schools 741 may limit, suspend, revoke, or refuse to issue or renew a 742 certificate of registration or program authorization or may impose 743 a penalty pursuant to section 3332.091 of the Revised Code for any 744 one or combination of the following causes:745 (A) Violation of any provision of sections 3332.01 to 3332.09 746 of the Revised Code, the board's minimum standards, or any rule 747 made by the board;748 (B) Furnishing of false, misleading, deceptive, altered, or 749 incomplete information or documents to the board;750 (C) The signing of an application or the holding of a 751 certificate of registration by a person who has pleaded guilty or 752 has been found guilty of a felony or has pleaded guilty or been 753 found guilty of a crime involving moral turpitude;754 (D) The signing of an application or the holding of a 755 certificate of registration by a person who is addicted to the use 756 of any controlled substance, or who is found to be mentally 757 incompetent;758 (E) Violation of any commitment made in an application for a 759 certificate of registration or program authorization;760 (F) Presenting to prospective students, either at the time of 761 solicitation or enrollment, or through advertising, mail 762 circulars, or phone solicitation, misleading, deceptive, false, or 763 fraudulent information relating to any program, employment 764 opportunity, or opportunities for enrollment in accredited 765 institutions of higher education after entering or completing 766 programs offered by the holder of a certificate of registration;767 (G) Failure to provide or maintain premises or equipment for 768 offering programs in a safe and sanitary condition;769 (H) Refusal by an agent to display the agent's permit upon 770 demand of a prospective student or other interested person;771 (I) Failure to maintain financial resources adequate for the 772 satisfactory conduct of programs as presented in the plan of 773 operation or to retain a sufficient number and qualified staff of 774 instruction, except that nothing in this chapter requires an 775 instructor to be licensed by the state board of education or to 776 hold any type of post-high school degree;777 (J) Offering training or programs other than those presented 778 in the application, except that schools may offer special courses 779 adapted to the needs of individual students when the special 780 courses are in the subject field specified in the application;781 (K) Discrimination in the acceptance of students upon the 782 basis of sexual orientation or gender identity as those terms are 783 defined in section 4112.01 of the Revised Code, race, color, 784 religion, sexgender, or national origin;785 (L) Accepting the services of an agent not holding a valid 786 permit issued under section 3332.10 or 3332.11 of the Revised 787 Code;788 (M) The use of monetary or other valuable consideration by 789 the school's agents or representatives to induce prospective 790 students to enroll in the school, or the practice of awarding 791 monetary or other valuable considerations without board approval 792 to students in exchange for procuring the enrollment of others;793 (N) Failure to provide at the request of the board, any 794 information, records, or files pertaining to the operation of the 795 school or recruitment and enrollment of students.796 If the board modifies or adopts additional minimum standards 797 or rules pursuant to section 3332.031 of the Revised Code, all 798 schools and agents shall have sixty days from the effective date 799 of the modifications or additional standards or rules to comply 800 with such modifications or additions.801 Sec. 3721.13. (A) The rights of residents of a home shall 802 include, but are not limited to, the following:803 (1) The right to a safe and clean living environment pursuant 804 to the medicare and medicaid programs and applicable state laws 805 and regulations prescribed by the public health council;806 (2) The right to be free from physical, verbal, mental, and 807 emotional abuse and to be treated at all times with courtesy, 808 respect, and full recognition of dignity and individuality;809 (3) Upon admission and thereafter, the right to adequate and 810 appropriate medical treatment and nursing care and to other 811 ancillary services that comprise necessary and appropriate care 812 consistent with the program for which the resident contracted. 813 This care shall be provided without regard to considerations such 814 as sexual orientation or gender identity as those terms are 815 defined in section 4112.01 of the Revised Code, race, color, 816 religion, national origin, age, gender, or source of payment for 817 care.818 (4) The right to have all reasonable requests and inquiries 819 responded to promptly;820 (5) The right to have clothes and bed sheets changed as the 821 need arises, to ensure the resident's comfort or sanitation;822 (6) The right to obtain from the home, upon request, the name 823 and any specialty of any physician or other person responsible for 824 the resident's care or for the coordination of care;825 (7) The right, upon request, to be assigned, within the 826 capacity of the home to make the assignment, to the staff 827 physician of the resident's choice, and the right, in accordance 828 with the rules and written policies and procedures of the home, to 829 select as the attending physician a physician who is not on the 830 staff of the home. If the cost of a physician's services is to be 831 met under a federally supported program, the physician shall meet 832 the federal laws and regulations governing such services.833 (8) The right to participate in decisions that affect the 834 resident's life, including the right to communicate with the 835 physician and employees of the home in planning the resident's 836 treatment or care and to obtain from the attending physician 837 complete and current information concerning medical condition, 838 prognosis, and treatment plan, in terms the resident can 839 reasonably be expected to understand; the right of access to all 840 information in the resident's medical record; and the right to 841 give or withhold informed consent for treatment after the 842 consequences of that choice have been carefully explained. When 843 the attending physician finds that it is not medically advisable 844 to give the information to the resident, the information shall be 845 made available to the resident's sponsor on the resident's behalf, 846 if the sponsor has a legal interest or is authorized by the 847 resident to receive the information. The home is not liable for a 848 violation of this division if the violation is found to be the 849 result of an act or omission on the part of a physician selected 850 by the resident who is not otherwise affiliated with the home.851 (9) The right to withhold payment for physician visitation if 852 the physician did not visit the resident;853 (10) The right to confidential treatment of personal and 854 medical records, and the right to approve or refuse the release of 855 these records to any individual outside the home, except in case 856 of transfer to another home, hospital, or health care system, as 857 required by law or rule, or as required by a third-party payment 858 contract;859 (11) The right to privacy during medical examination or 860 treatment and in the care of personal or bodily needs;861 (12) The right to refuse, without jeopardizing access to 862 appropriate medical care, to serve as a medical research subject;863 (13) The right to be free from physical or chemical 864 restraints or prolonged isolation except to the minimum extent 865 necessary to protect the resident from injury to self, others, or 866 to property and except as authorized in writing by the attending 867 physician for a specified and limited period of time and 868 documented in the resident's medical record. Prior to authorizing 869 the use of a physical or chemical restraint on any resident, the 870 attending physician shall make a personal examination of the 871 resident and an individualized determination of the need to use 872 the restraint on that resident.873 Physical or chemical restraints or isolation may be used in 874 an emergency situation without authorization of the attending 875 physician only to protect the resident from injury to self or 876 others. Use of the physical or chemical restraints or isolation 877 shall not be continued for more than twelve hours after the onset 878 of the emergency without personal examination and authorization by 879 the attending physician. The attending physician or a staff 880 physician may authorize continued use of physical or chemical 881 restraints for a period not to exceed thirty days, and at the end 882 of this period and any subsequent period may extend the 883 authorization for an additional period of not more than thirty 884 days. The use of physical or chemical restraints shall not be 885 continued without a personal examination of the resident and the 886 written authorization of the attending physician stating the 887 reasons for continuing the restraint.888 If physical or chemical restraints are used under this 889 division, the home shall ensure that the restrained resident 890 receives a proper diet. In no event shall physical or chemical 891 restraints or isolation be used for punishment, incentive, or 892 convenience.893 (14) The right to the pharmacist of the resident's choice and 894 the right to receive pharmaceutical supplies and services at 895 reasonable prices not exceeding applicable and normally accepted 896 prices for comparably packaged pharmaceutical supplies and 897 services within the community;898 (15) The right to exercise all civil rights, unless the 899 resident has been adjudicated incompetent pursuant to Chapter 900 2111. of the Revised Code and has not been restored to legal 901 capacity, as well as the right to the cooperation of the home's 902 administrator in making arrangements for the exercise of the right 903 to vote;904 (16) The right of access to opportunities that enable the 905 resident, at the resident's own expense or at the expense of a 906 third-party payer, to achieve the resident's fullest potential, 907 including educational, vocational, social, recreational, and 908 habilitation programs;909 (17) The right to consume a reasonable amount of alcoholic 910 beverages at the resident's own expense, unless not medically 911 advisable as documented in the resident's medical record by the 912 attending physician or unless contradictory to written admission 913 policies;914 (18) The right to use tobacco at the resident's own expense 915 under the home's safety rules and under applicable laws and rules 916 of the state, unless not medically advisable as documented in the 917 resident's medical record by the attending physician or unless 918 contradictory to written admission policies;919 (19) The right to retire and rise in accordance with the 920 resident's reasonable requests, if the resident does not disturb 921 others or the posted meal schedules and upon the home's request 922 remains in a supervised area, unless not medically advisable as 923 documented by the attending physician;924 (20) The right to observe religious obligations and 925 participate in religious activities; the right to maintain 926 individual and cultural identity; and the right to meet with and 927 participate in activities of social and community groups at the 928 resident's or the group's initiative;929 (21) The right upon reasonable request to private and 930 unrestricted communications with the resident's family, social 931 worker, and any other person, unless not medically advisable as 932 documented in the resident's medical record by the attending 933 physician, except that communications with public officials or 934 with the resident's attorney or physician shall not be restricted. 935 Private and unrestricted communications shall include, but are not 936 limited to, the right to:937 (a) Receive, send, and mail sealed, unopened correspondence;938 (b) Reasonable access to a telephone for private 939 communications;940 (c) Private visits at any reasonable hour.941 (22) The right to assured privacy for visits by the spouse, 942 or if both are residents of the same home, the right to share a 943 room within the capacity of the home, unless not medically 944 advisable as documented in the resident's medical record by the 945 attending physician;946 (23) The right upon reasonable request to have room doors 947 closed and to have them not opened without knocking, except in the 948 case of an emergency or unless not medically advisable as 949 documented in the resident's medical record by the attending 950 physician;951 (24) The right to retain and use personal clothing and a 952 reasonable amount of possessions, in a reasonably secure manner, 953 unless to do so would infringe on the rights of other residents or 954 would not be medically advisable as documented in the resident's 955 medical record by the attending physician;956 (25) The right to be fully informed, prior to or at the time 957 of admission and during the resident's stay, in writing, of the 958 basic rate charged by the home, of services available in the home, 959 and of any additional charges related to such services, including 960 charges for services not covered under the medicare or medicaid 961 program. The basic rate shall not be changed unless thirty days'962 notice is given to the resident or, if the resident is unable to 963 understand this information, to the resident's sponsor.964 (26) The right of the resident and person paying for the care 965 to examine and receive a bill at least monthly for the resident's 966 care from the home that itemizes charges not included in the basic 967 rates;968 (27)(a) The right to be free from financial exploitation;969 (b) The right to manage the resident's own personal financial 970 affairs, or, if the resident has delegated this responsibility in 971 writing to the home, to receive upon written request at least a 972 quarterly accounting statement of financial transactions made on 973 the resident's behalf. The statement shall include:974 (i) A complete record of all funds, personal property, or 975 possessions of a resident from any source whatsoever, that have 976 been deposited for safekeeping with the home for use by the 977 resident or the resident's sponsor;978 (ii) A listing of all deposits and withdrawals transacted, 979 which shall be substantiated by receipts which shall be available 980 for inspection and copying by the resident or sponsor.981 (28) The right of the resident to be allowed unrestricted 982 access to the resident's property on deposit at reasonable hours, 983 unless requests for access to property on deposit are so 984 persistent, continuous, and unreasonable that they constitute a 985 nuisance;986 (29) The right to receive reasonable notice before the 987 resident's room or roommate is changed, including an explanation 988 of the reason for either change.989 (30) The right not to be transferred or discharged from the 990 home unless the transfer is necessary because of one of the 991 following:992 (a) The welfare and needs of the resident cannot be met in 993 the home.994 (b) The resident's health has improved sufficiently so that 995 the resident no longer needs the services provided by the home.996 (c) The safety of individuals in the home is endangered.997 (d) The health of individuals in the home would otherwise be 998 endangered.999 (e) The resident has failed, after reasonable and appropriate 1000 notice, to pay or to have the medicare or medicaid program pay on 1001 the resident's behalf, for the care provided by the home. A 1002 resident shall not be considered to have failed to have the 1003 resident's care paid for if the resident has applied for medicaid, 1004 unless both of the following are the case:1005 (i) The resident's application, or a substantially similar 1006 previous application, has been denied by the county department of 1007 job and family services.1008 (ii) If the resident appealed the denial pursuant to division 1009 (C) of section 5101.35 of the Revised Code, the director of job 1010 and family services has upheld the denial.1011 (f) The home's license has been revoked, the home is being 1012 closed pursuant to section 3721.08, sections 5111.35 to 5111.62, 1013 or section 5155.31 of the Revised Code, or the home otherwise 1014 ceases to operate.1015 (g) The resident is a recipient of medicaid, and the home's 1016 participation in the medicaid program is involuntarily terminated 1017 or denied.1018 (h) The resident is a beneficiary under the medicare program, 1019 and the home's participation in the medicare program is 1020 involuntarily terminated or denied.1021 (31) The right to voice grievances and recommend changes in 1022 policies and services to the home's staff, to employees of the 1023 department of health, or to other persons not associated with the 1024 operation of the home, of the resident's choice, free from 1025 restraint, interference, coercion, discrimination, or reprisal. 1026 This right includes access to a residents' rights advocate, and 1027 the right to be a member of, to be active in, and to associate 1028 with persons who are active in organizations of relatives and 1029 friends of nursing home residents and other organizations engaged 1030 in assisting residents.1031 (32) The right to have any significant change in the 1032 resident's health status reported to the resident's sponsor. As 1033 soon as such a change is known to the home's staff, the home shall 1034 make a reasonable effort to notify the sponsor within twelve 1035 hours.1036 (B) A sponsor may act on a resident's behalf to assure that 1037 the home does not deny the residents' rights under sections 1038 3721.10 to 3721.17 of the Revised Code.1039 (C) Any attempted waiver of the rights listed in division (A) 1040 of this section is void.1041 Sec. 3905.55. (A) Except as provided in division (B) of this 1042 section, an agent may charge a consumer a fee if all of the 1043 following conditions are met:1044 (1) The fee is disclosed to the consumer in a manner that 1045 separately identifies the fee and the premium.1046 (2) The fee is not calculated as a percentage of the premium.1047 (3) The fee is not refunded, forgiven, waived, offset, or 1048 reduced by any commission earned or received for any policy or 1049 coverage sold.1050 (4) The amount of the fee, and the consumer's obligation to 1051 pay the fee, are not conditioned upon the occurrence of a future 1052 event or condition, such as the purchase, cancellation, lapse, 1053 declination, or nonrenewal of insurance.1054 (5) The agent discloses to the consumer that the fee is being 1055 charged by the agent and not by the insurance company, that 1056 neither state law nor the insurance company requires the agent to 1057 charge the fee, and that the fee is not refundable.1058 (6) The consumer consents to the fee.1059 (7) The agent, in charging the fee, does not discriminate on 1060 the basis of race, sexgender, national origin, religion, 1061 disability, health status, age, marital status,; disability,1062 military status, gender identity, or sexual orientation, as those 1063 terms are defined in section 4112.01 of the Revised Code,; or 1064 geographic location, and does not unfairly discriminate between 1065 persons of essentially the same class and of essentially the same 1066 hazard or expectation of life.1067 (B) A fee may not be charged for taking or submitting an 1068 initial application for coverage with any one insurer or different 1069 programs with the same insurer, or processing a change to an 1070 existing policy, a cancellation, a claim, or a renewal, in 1071 connection with any of the following personal lines policies:1072 (1) Private passenger automobile;1073 (2) Homeowners, including coverage for tenants or condominium 1074 owners, owner-occupied fire or dwelling property coverage, 1075 personal umbrella liability, or any other personal lines-related 1076 coverage whether sold as a separate policy or as an endorsement to 1077 another personal lines policy;1078 (3) Individual life insurance;1079 (4) Individual sickness or accident insurance;1080 (5) Disability income policies;1081 (6) Credit insurance products.1082 (C) Notwithstanding any other provision of this section, an 1083 agent may charge a fee for agent services in connection with a 1084 policy issued on a no-commission basis, if the agent provides the 1085 consumer with prior disclosure of the fee and of the services to 1086 be provided.1087 (D) In the event of a dispute between an agent and a consumer 1088 regarding any disclosure required by this section, the agent has 1089 the burden of proving that the disclosure was made.1090 (E)(1) No person shall fail to comply with this section.1091 (2) Whoever violates division (E)(1) of this section is 1092 deemed to have engaged in an unfair and deceptive act or practice 1093 in the business of insurance under sections 3901.19 to 3901.26 of 1094 the Revised Code.1095 (F) This section does not apply with respect to any expense 1096 fee charged by a surety bail bond agent to cover the costs 1097 incurred by the surety bail bond agent in executing the bail bond.1098 Sec. 4111.17. (A) No employer, including the state and 1099 political subdivisions thereof, shall discriminate in the payment 1100 of wages on the basis of sexual orientation or gender identity as 1101 those terms are defined in section 4112.01 of the Revised Code,1102 race, color, religion, sexgender, age, national origin, or 1103 ancestry by paying wages to any employee at a rate less than the 1104 rate at which the employer pays wages to another employee for 1105 equal work on jobs the performance of which requires equal skill, 1106 effort, and responsibility, and which are performed under similar 1107 conditions.1108 (B) Nothing in this section prohibits an employer from paying 1109 wages to one employee at a rate different from that at which the 1110 employer pays another employee for the performance of equal work 1111 under similar conditions on jobs requiring equal skill, effort, 1112 and responsibility, when the payment is made pursuant to any of 1113 the following:1114 (1) A seniority system;1115 (2) A merit system;1116 (3) A system which measures earnings by the quantity or 1117 quality of production;1118 (4) A wage rate differential determined by any factor other 1119 than sexual orientation or gender identity as those terms are 1120 defined in section 4112.01 of the Revised Code, race, color, 1121 religion, sexgender, age, national origin, or ancestry.1122 (C) No employer shall reduce the wage rate of any employee in 1123 order to comply with this section.1124 (D) The director of commerce shall carry out, administer, and 1125 enforce this section. Any employee discriminated against in 1126 violation of this section may sue in any court of competent 1127 jurisdiction to recover two times the amount of the difference 1128 between the wages actually received and the wages received by a 1129 person performing equal work for the employer, from the date of 1130 the commencement of the violation, and for costs, including 1131 attorney fees. The director may take an assignment of any such 1132 wage claim in trust for such employee and sue in the employee's 1133 behalf. In any civil action under this section, two or more 1134 employees of the same employer may join as co-plaintiffs in one 1135 action. The director may sue in one action for claims assigned to 1136 the director by two or more employees of the same employer. No 1137 agreement to work for a discriminatory wage constitutes a defense 1138 for any civil or criminal action to enforce this section. No 1139 employer shall discriminate against any employee because such 1140 employee makes a complaint or institutes, or testifies in, any 1141 proceeding under this section.1142 (E) Any action arising under this section shall be initiated 1143 within one year after the date of violation.1144 Sec. 4112.01. (A) As used in this chapter:1145 (1) "Person" includes one or more individuals, partnerships, 1146 associations, organizations, corporations, legal representatives, 1147 trustees, trustees in bankruptcy, receivers, and other organized 1148 groups of persons. "Person" also includes, but is not limited to, 1149 any owner, lessor, assignor, builder, manager, broker, 1150 salesperson, appraiser, agent, employee, lending institution, and 1151 the state and all political subdivisions, authorities, agencies, 1152 boards, and commissions of the state.1153 (2) "Employer" includes the state, any political subdivision 1154 of the state, any person employing four or more persons within the 1155 state, and any person acting directly or indirectly in the 1156 interest of an employer, except that for purposes of 1157 discrimination based upon sexual orientation or gender identity, 1158 "employer" includes the state, any political subdivision of the 1159 state, any person employing fifteen or more persons within the 1160 state, and any person acting directly or indirectly in the 1161 interest of an employer.1162 (3) "Employee" means an individual employed by any employer 1163 but does not include any individual employed in the domestic 1164 service of any person.1165 (4) "Labor organization" includes any organization that 1166 exists, in whole or in part, for the purpose of collective 1167 bargaining or of dealing with employers concerning grievances, 1168 terms or conditions of employment, or other mutual aid or 1169 protection in relation to employment.1170 (5) "Employment agency" includes any person regularly 1171 undertaking, with or without compensation, to procure 1172 opportunities to work or to procure, recruit, refer, or place 1173 employees.1174 (6) "Commission" means the Ohio civil rights commission 1175 created by section 4112.03 of the Revised Code.1176 (7) "Discriminate" includes segregate or separate.1177 (8) "Unlawful discriminatory practice" means any act 1178 prohibited by section 4112.02, 4112.021, or 4112.022 of the 1179 Revised Code.1180 (9) "Place of public accommodation" means any inn, 1181 restaurant, eating house, barbershop, public conveyance by air, 1182 land, or water, theater, store, other place for the sale of 1183 merchandise, or any other place of public accommodation or 1184 amusement of which the accommodations, advantages, facilities, or 1185 privileges are available to the public.1186 (10) "Housing accommodations" includes any building or 1187 structure, or portion of a building or structure, that is used or 1188 occupied or is intended, arranged, or designed to be used or 1189 occupied as the home residence, dwelling, dwelling unit, or 1190 sleeping place of one or more individuals, groups, or families 1191 whether or not living independently of each other; and any vacant 1192 land offered for sale or lease. "Housing accommodations" also 1193 includes any housing accommodations held or offered for sale or 1194 rent by a real estate broker, salesperson, or agent, by any other 1195 person pursuant to authorization of the owner, by the owner, or by 1196 the owner's legal representative.1197 (11) "Restrictive covenant" means any specification limiting 1198 the transfer, rental, lease, or other use of any housing 1199 accommodations because of race, color, religion, sexgender, 1200 military status, familial status, national origin, disability, or 1201 ancestry, or any limitation based upon affiliation with or 1202 approval by any person, directly or indirectly, employing race, 1203 color, religion, sexgender, military status, familial status, 1204 national origin, disability, or ancestry as a condition of 1205 affiliation or approval.1206 (12) "Burial lot" means any lot for the burial of deceased 1207 persons within any public burial ground or cemetery, including, 1208 but not limited to, cemeteries owned and operated by municipal 1209 corporations, townships, or companies or associations incorporated 1210 for cemetery purposes.1211 (13) "Disability" means a physical or mental impairment that 1212 substantially limits one or more major life activities, including 1213 the functions of caring for one's self, performing manual tasks, 1214 walking, seeing, hearing, speaking, breathing, learning, and 1215 working; a record of a physical or mental impairment; or being 1216 regarded as having a physical or mental impairment.1217 (14) Except as otherwise provided in section 4112.021 of the 1218 Revised Code, "age" means at least forty years old.1219 (15) "Familial status" means either of the following:1220 (a) One or more individuals who are under eighteen years of 1221 age and who are domiciled with a parent or guardian having legal 1222 custody of the individual or domiciled, with the written 1223 permission of the parent or guardian having legal custody, with a 1224 designee of the parent or guardian;1225 (b) Any person who is pregnant or in the process of securing 1226 legal custody of any individual who is under eighteen years of 1227 age.1228 (16)(a) Except as provided in division (A)(16)(b) of this 1229 section, "physical or mental impairment" includes any of the 1230 following:1231 (i) Any physiological disorder or condition, cosmetic 1232 disfigurement, or anatomical loss affecting one or more of the 1233 following body systems: neurological; musculoskeletal; special 1234 sense organs; respiratory, including speech organs; 1235 cardiovascular; reproductive; digestive; genito-urinary; hemic and 1236 lymphatic; skin; and endocrine;1237 (ii) Any mental or psychological disorder, including, but not 1238 limited to, mental retardation, organic brain syndrome, emotional 1239 or mental illness, and specific learning disabilities;1240 (iii) Diseases and conditions, including, but not limited to, 1241 orthopedic, visual, speech, and hearing impairments, cerebral 1242 palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 1243 cancer, heart disease, diabetes, human immunodeficiency virus 1244 infection, mental retardation, emotional illness, drug addiction, 1245 and alcoholism.1246 (b) "Physical or mental impairment" does not include any of 1247 the following:1248 (i) Homosexuality and bisexuality;1249 (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 1250 voyeurism, gender identity disorders not resulting from physical 1251 impairments, or other sexual behavior disorders;1252 (iii) Compulsive gambling, kleptomania, or pyromania;1253 (iv) Psychoactive substance use disorders resulting from the 1254 current illegal use of a controlled substance or the current use 1255 of alcoholic beverages.1256 (17) "Dwelling unit" means a single unit of residence for a 1257 family of one or more persons.1258 (18) "Common use areas" means rooms, spaces, or elements 1259 inside or outside a building that are made available for the use 1260 of residents of the building or their guests, and includes, but is 1261 not limited to, hallways, lounges, lobbies, laundry rooms, refuse 1262 rooms, mail rooms, recreational areas, and passageways among and 1263 between buildings.1264 (19) "Public use areas" means interior or exterior rooms or 1265 spaces of a privately or publicly owned building that are made 1266 available to the general public.1267 (20) "Controlled substance" has the same meaning as in 1268 section 3719.01 of the Revised Code.1269 (21) "Disabled tenant" means a tenant or prospective tenant 1270 who is a person with a disability.1271 (22) "Military status" means a person's status in "service in 1272 the uniformed services" as defined in section 5923.05 of the 1273 Revised Code.1274 (23) "Aggrieved person" includes both of the following:1275 (a) Any person who claims to have been injured by any 1276 unlawful discriminatory practice described in division (H) of 1277 section 4112.02 of the Revised Code;1278 (b) Any person who believes that the person will be injured 1279 by, any unlawful discriminatory practice described in division (H) 1280 of section 4112.02 of the Revised Code that is about to occur.1281 (24) "Sexual orientation" means actual or perceived, 1282 heterosexuality, homosexuality, or bisexuality.1283 (25) "Gender identity" means the gender-related identity, 1284 appearance, or mannerisms or other gender-related characteristics 1285 of an individual, with or without regard to the individual's 1286 designated gender at birth.1287 (B) For the purposes of divisions (A) to (F) of section 1288 4112.02 of the Revised Code, the terms "because of sexgender" and 1289 "on the basis of sexgender" include, but are not limited to, 1290 because of or on the basis of pregnancy, any illness arising out 1291 of and occurring during the course of a pregnancy, childbirth, or 1292 related medical conditions. Women affected by pregnancy, 1293 childbirth, or related medical conditions shall be treated the 1294 same for all employment-related purposes, including receipt of 1295 benefits under fringe benefit programs, as other persons not so 1296 affected but similar in their ability or inability to work, and 1297 nothing in division (B) of section 4111.17 of the Revised Code 1298 shall be interpreted to permit otherwise. This division shall not 1299 be construed to require an employer to pay for health insurance 1300 benefits for abortion, except where the life of the mother would 1301 be endangered if the fetus were carried to term or except where 1302 medical complications have arisen from the abortion, provided that 1303 nothing in this division precludes an employer from providing 1304 abortion benefits or otherwise affects bargaining agreements in 1305 regard to abortion.1306 Sec. 4112.02. It shall be an unlawful discriminatory 1307 practice:1308 (A) For any employer, because of the race, color, religion, 1309 sexgender, sexual orientation, gender identity, military status, 1310 national origin, disability, age, or ancestry of any person, to 1311 discharge without just cause, to refuse to hire, or otherwise to 1312 discriminate against that person with respect to hire, tenure, 1313 terms, conditions, or privileges of employment, or any matter 1314 directly or indirectly related to employment.1315 (B) For an employment agency or personnel placement service, 1316 because of race, color, religion, sexgender, sexual orientation, 1317 gender identity, military status, national origin, disability, 1318 age, or ancestry, to do any of the following:1319 (1) Refuse or fail to accept, register, classify properly, or 1320 refer for employment, or otherwise discriminate against any 1321 person;1322 (2) Comply with a request from an employer for referral of 1323 applicants for employment if the request directly or indirectly 1324 indicates that the employer fails to comply with the provisions of 1325 sections 4112.01 to 4112.07 of the Revised Code.1326 (C) For any labor organization to do any of the following:1327 (1) Limit or classify its membership on the basis of race, 1328 color, religion, sexgender, sexual orientation, gender identity,1329 military status, national origin, disability, age, or ancestry;1330 (2) Discriminate against, limit the employment opportunities 1331 of, or otherwise adversely affect the employment status, wages, 1332 hours, or employment conditions of any person as an employee 1333 because of race, color, religion, sexgender, sexual orientation, 1334 gender identity, military status, national origin, disability, 1335 age, or ancestry.1336 (D) For any employer, labor organization, or joint 1337 labor-management committee controlling apprentice training 1338 programs to discriminate against any person because of race, 1339 color, religion, sexgender, sexual orientation, gender identity,1340 military status, national origin, disability, or ancestry in 1341 admission to, or employment in, any program established to provide 1342 apprentice training.1343 (E) Except where based on a bona fide occupational 1344 qualification certified in advance by the commission, for any 1345 employer, employment agency, personnel placement service, or labor 1346 organization, prior to employment or admission to membership, to 1347 do any of the following:1348 (1) Elicit or attempt to elicit any information concerning 1349 the race, color, religion, sexgender, sexual orientation, gender 1350 identity, military status, national origin, disability, age, or 1351 ancestry of an applicant for employment or membership;1352 (2) Make or keep a record of the race, color, religion, sex1353 gender, sexual orientation, gender identity, military status, 1354 national origin, disability, age, or ancestry of any applicant for 1355 employment or membership;1356 (3) Use any form of application for employment, or personnel 1357 or membership blank, seeking to elicit information regarding race, 1358 color, religion, sexgender, sexual orientation, gender identity,1359 military status, national origin, disability, age, or ancestry; 1360 but an employer holding a contract containing a nondiscrimination 1361 clause with the government of the United States, or any department 1362 or agency of that government, may require an employee or applicant 1363 for employment to furnish documentary proof of United States 1364 citizenship and may retain that proof in the employer's personnel 1365 records and may use photographic or fingerprint identification for 1366 security purposes;1367 (4) Print or publish or cause to be printed or published any 1368 notice or advertisement relating to employment or membership 1369 indicating any preference, limitation, specification, or 1370 discrimination, based upon race, color, religion, sexgender, 1371 sexual orientation, gender identity, military status, national 1372 origin, disability, age, or ancestry;1373 (5) Announce or follow a policy of denying or limiting, 1374 through a quota system or otherwise, employment or membership 1375 opportunities of any group because of the race, color, religion, 1376 sexgender, sexual orientation, gender identity, military status, 1377 national origin, disability, age, or ancestry of that group;1378 (6) Utilize in the recruitment or hiring of persons any 1379 employment agency, personnel placement service, training school or 1380 center, labor organization, or any other employee-referring source 1381 known to discriminate against persons because of their race, 1382 color, religion, sexgender, sexual orientation, gender identity,1383 military status, national origin, disability, age, or ancestry.1384 (F) For any person seeking employment to publish or cause to 1385 be published any advertisement that specifies or in any manner 1386 indicates that person's race, color, religion, sexgender, sexual 1387 orientation, gender identity, military status, national origin, 1388 disability, age, or ancestry, or expresses a limitation or 1389 preference as to the race, color, religion, sexgender, sexual 1390 orientation, gender identity, military status, national origin, 1391 disability, age, or ancestry of any prospective employer.1392 (G) For any proprietor or any employee, keeper, or manager of 1393 a place of public accommodation to deny to any person, except for 1394 reasons applicable alike to all persons regardless of race, color, 1395 religion, sexgender, sexual orientation, gender identity,1396 military status, national origin, disability, age, or ancestry, 1397 the full enjoyment of the accommodations, advantages, facilities, 1398 or privileges of the place of public accommodation.1399 (H) For any person to do any of the following:1400 (1) Refuse to sell, transfer, assign, rent, lease, sublease, 1401 or finance housing accommodations, refuse to negotiate for the 1402 sale or rental of housing accommodations, or otherwise deny or 1403 make unavailable housing accommodations because of race, color, 1404 religion, sexgender, sexual orientation, gender identity,1405 military status, familial status, ancestry, disability, or 1406 national origin;1407 (2) Represent to any person that housing accommodations are 1408 not available for inspection, sale, or rental, when in fact they 1409 are available, because of race, color, religion, sexgender, 1410 sexual orientation, gender identity, military status, familial 1411 status, ancestry, disability, or national origin;1412 (3) Discriminate against any person in the making or 1413 purchasing of loans or the provision of other financial assistance 1414 for the acquisition, construction, rehabilitation, repair, or 1415 maintenance of housing accommodations, or any person in the making 1416 or purchasing of loans or the provision of other financial 1417 assistance that is secured by residential real estate, because of 1418 race, color, religion, sexgender, sexual orientation, gender 1419 identity, military status, familial status, ancestry, disability, 1420 or national origin or because of the racial composition of the 1421 neighborhood in which the housing accommodations are located, 1422 provided that the person, whether an individual, corporation, or 1423 association of any type, lends money as one of the principal 1424 aspects or incident to the person's principal business and not 1425 only as a part of the purchase price of an owner-occupied 1426 residence the person is selling nor merely casually or 1427 occasionally to a relative or friend;1428 (4) Discriminate against any person in the terms or 1429 conditions of selling, transferring, assigning, renting, leasing, 1430 or subleasing any housing accommodations or in furnishing 1431 facilities, services, or privileges in connection with the 1432 ownership, occupancy, or use of any housing accommodations, 1433 including the sale of fire, extended coverage, or homeowners 1434 insurance, because of race, color, religion, sexgender, sexual 1435 orientation, gender identity, military status, familial status, 1436 ancestry, disability, or national origin or because of the racial 1437 composition of the neighborhood in which the housing 1438 accommodations are located;1439 (5) Discriminate against any person in the terms or 1440 conditions of any loan of money, whether or not secured by 1441 mortgage or otherwise, for the acquisition, construction, 1442 rehabilitation, repair, or maintenance of housing accommodations 1443 because of race, color, religion, sexgender, sexual orientation, 1444 gender identity, military status, familial status, ancestry, 1445 disability, or national origin or because of the racial 1446 composition of the neighborhood in which the housing 1447 accommodations are located;1448 (6) Refuse to consider without prejudice the combined income 1449 of both husband and wife for the purpose of extending mortgage 1450 credit to a married couple or either member of a married couple;1451 (7) Print, publish, or circulate any statement or 1452 advertisement, or make or cause to be made any statement or 1453 advertisement, relating to the sale, transfer, assignment, rental, 1454 lease, sublease, or acquisition of any housing accommodations, or 1455 relating to the loan of money, whether or not secured by mortgage 1456 or otherwise, for the acquisition, construction, rehabilitation, 1457 repair, or maintenance of housing accommodations, that indicates 1458 any preference, limitation, specification, or discrimination based 1459 upon race, color, religion, sexgender, sexual orientation, gender 1460 identity, military status, familial status, ancestry, disability, 1461 or national origin, or an intention to make any such preference, 1462 limitation, specification, or discrimination;1463 (8) Except as otherwise provided in division (H)(8) or (17) 1464 of this section, make any inquiry, elicit any information, make or 1465 keep any record, or use any form of application containing 1466 questions or entries concerning race, color, religion, sexgender, 1467 sexual orientation, gender identity, military status, familial 1468 status, ancestry, disability, or national origin in connection 1469 with the sale or lease of any housing accommodations or the loan 1470 of any money, whether or not secured by mortgage or otherwise, for 1471 the acquisition, construction, rehabilitation, repair, or 1472 maintenance of housing accommodations. Any person may make 1473 inquiries, and make and keep records, concerning race, color, 1474 religion, sexgender, sexual orientation, gender identity,1475 military status, familial status, ancestry, disability, or 1476 national origin for the purpose of monitoring compliance with this 1477 chapter.1478 (9) Include in any transfer, rental, or lease of housing 1479 accommodations any restrictive covenant, or honor or exercise, or 1480 attempt to honor or exercise, any restrictive covenant;1481 (10) Induce or solicit, or attempt to induce or solicit, a 1482 housing accommodations listing, sale, or transaction by 1483 representing that a change has occurred or may occur with respect 1484 to the racial, religious, sexualgender, sexual orientation, 1485 gender identity, military status, familial status, or ethnic 1486 composition of the block, neighborhood, or other area in which the 1487 housing accommodations are located, or induce or solicit, or 1488 attempt to induce or solicit, a housing accommodations listing, 1489 sale, or transaction by representing that the presence or 1490 anticipated presence of persons of any race, color, religion, sex1491 gender, sexual orientation, gender identity, military status, 1492 familial status, ancestry, disability, or national origin, in the 1493 block, neighborhood, or other area will or may have results 1494 including, but not limited to, the following:1495 (a) The lowering of property values;1496 (b) A change in the racial, religious, sexualgender, sexual 1497 orientation, gender identity, military status, familial status, or 1498 ethnic composition of the block, neighborhood, or other area;1499 (c) An increase in criminal or antisocial behavior in the 1500 block, neighborhood, or other area;1501 (d) A decline in the quality of the schools serving the 1502 block, neighborhood, or other area.1503 (11) Deny any person access to or membership or participation 1504 in any multiple-listing service, real estate brokers' 1505 organization, or other service, organization, or facility relating 1506 to the business of selling or renting housing accommodations, or 1507 discriminate against any person in the terms or conditions of that 1508 access, membership, or participation, on account of race, color, 1509 religion, sexgender, sexual orientation, gender identity,1510 military status, familial status, national origin, disability, or 1511 ancestry;1512 (12) Coerce, intimidate, threaten, or interfere with any 1513 person in the exercise or enjoyment of, or on account of that 1514 person's having exercised or enjoyed or having aided or encouraged 1515 any other person in the exercise or enjoyment of, any right 1516 granted or protected by division (H) of this section;1517 (13) Discourage or attempt to discourage the purchase by a 1518 prospective purchaser of housing accommodations, by representing 1519 that any block, neighborhood, or other area has undergone or might 1520 undergo a change with respect to its religious, racial, sexual1521 gender, sexual orientation, gender identity, military status, 1522 familial status, or ethnic composition;1523 (14) Refuse to sell, transfer, assign, rent, lease, sublease, 1524 or finance, or otherwise deny or withhold, a burial lot from any 1525 person because of the race, color, sexgender, sexual orientation, 1526 gender identity, military status, familial status, age, ancestry, 1527 disability, or national origin of any prospective owner or user of 1528 the lot;1529 (15) Discriminate in the sale or rental of, or otherwise make 1530 unavailable or deny, housing accommodations to any buyer or renter 1531 because of a disability of any of the following:1532 (a) The buyer or renter;1533 (b) A person residing in or intending to reside in the 1534 housing accommodations after they are sold, rented, or made 1535 available;1536 (c) Any individual associated with the person described in 1537 division (H)(15)(b) of this section.1538 (16) Discriminate in the terms, conditions, or privileges of 1539 the sale or rental of housing accommodations to any person or in 1540 the provision of services or facilities to any person in 1541 connection with the housing accommodations because of a disability 1542 of any of the following:1543 (a) That person;1544 (b) A person residing in or intending to reside in the 1545 housing accommodations after they are sold, rented, or made 1546 available;1547 (c) Any individual associated with the person described in 1548 division (H)(16)(b) of this section.1549 (17) Except as otherwise provided in division (H)(17) of this 1550 section, make an inquiry to determine whether an applicant for the 1551 sale or rental of housing accommodations, a person residing in or 1552 intending to reside in the housing accommodations after they are 1553 sold, rented, or made available, or any individual associated with 1554 that person has a disability, or make an inquiry to determine the 1555 nature or severity of a disability of the applicant or such a 1556 person or individual. The following inquiries may be made of all 1557 applicants for the sale or rental of housing accommodations, 1558 regardless of whether they have disabilities:1559 (a) An inquiry into an applicant's ability to meet the 1560 requirements of ownership or tenancy;1561 (b) An inquiry to determine whether an applicant is qualified 1562 for housing accommodations available only to persons with 1563 disabilities or persons with a particular type of disability;1564 (c) An inquiry to determine whether an applicant is qualified 1565 for a priority available to persons with disabilities or persons 1566 with a particular type of disability;1567 (d) An inquiry to determine whether an applicant currently 1568 uses a controlled substance in violation of section 2925.11 of the 1569 Revised Code or a substantively comparable municipal ordinance;1570 (e) An inquiry to determine whether an applicant at any time 1571 has been convicted of or pleaded guilty to any offense, an element 1572 of which is the illegal sale, offer to sell, cultivation, 1573 manufacture, other production, shipment, transportation, delivery, 1574 or other distribution of a controlled substance.1575 (18)(a) Refuse to permit, at the expense of a person with a 1576 disability, reasonable modifications of existing housing 1577 accommodations that are occupied or to be occupied by the person 1578 with a disability, if the modifications may be necessary to afford 1579 the person with a disability full enjoyment of the housing 1580 accommodations. This division does not preclude a landlord of 1581 housing accommodations that are rented or to be rented to a 1582 disabled tenant from conditioning permission for a proposed 1583 modification upon the disabled tenant's doing one or more of the 1584 following:1585 (i) Providing a reasonable description of the proposed 1586 modification and reasonable assurances that the proposed 1587 modification will be made in a workerlike manner and that any 1588 required building permits will be obtained prior to the 1589 commencement of the proposed modification;1590 (ii) Agreeing to restore at the end of the tenancy the 1591 interior of the housing accommodations to the condition they were 1592 in prior to the proposed modification, but subject to reasonable 1593 wear and tear during the period of occupancy, if it is reasonable 1594 for the landlord to condition permission for the proposed 1595 modification upon the agreement;1596 (iii) Paying into an interest-bearing escrow account that is 1597 in the landlord's name, over a reasonable period of time, a 1598 reasonable amount of money not to exceed the projected costs at 1599 the end of the tenancy of the restoration of the interior of the 1600 housing accommodations to the condition they were in prior to the 1601 proposed modification, but subject to reasonable wear and tear 1602 during the period of occupancy, if the landlord finds the account 1603 reasonably necessary to ensure the availability of funds for the 1604 restoration work. The interest earned in connection with an escrow 1605 account described in this division shall accrue to the benefit of 1606 the disabled tenant who makes payments into the account.1607 (b) A landlord shall not condition permission for a proposed 1608 modification upon a disabled tenant's payment of a security 1609 deposit that exceeds the customarily required security deposit of 1610 all tenants of the particular housing accommodations.1611 (19) Refuse to make reasonable accommodations in rules, 1612 policies, practices, or services when necessary to afford a person 1613 with a disability equal opportunity to use and enjoy a dwelling 1614 unit, including associated public and common use areas;1615 (20) Fail to comply with the standards and rules adopted 1616 under division (A) of section 3781.111 of the Revised Code;1617 (21) Discriminate against any person in the selling, 1618 brokering, or appraising of real property because of race, color, 1619 religion, sexgender, sexual orientation, gender identity,1620 military status, familial status, ancestry, disability, or 1621 national origin;1622 (22) Fail to design and construct covered multifamily 1623 dwellings for first occupancy on or after June 30, 1992, in 1624 accordance with the following conditions:1625 (a) The dwellings shall have at least one building entrance 1626 on an accessible route, unless it is impractical to do so because 1627 of the terrain or unusual characteristics of the site.1628 (b) With respect to dwellings that have a building entrance 1629 on an accessible route, all of the following apply:1630 (i) The public use areas and common use areas of the 1631 dwellings shall be readily accessible to and usable by persons 1632 with a disability.1633 (ii) All the doors designed to allow passage into and within 1634 all premises shall be sufficiently wide to allow passage by 1635 persons with a disability who are in wheelchairs.1636 (iii) All premises within covered multifamily dwelling units 1637 shall contain an accessible route into and through the dwelling; 1638 all light switches, electrical outlets, thermostats, and other 1639 environmental controls within such units shall be in accessible 1640 locations; the bathroom walls within such units shall contain 1641 reinforcements to allow later installation of grab bars; and the 1642 kitchens and bathrooms within such units shall be designed and 1643 constructed in a manner that enables an individual in a wheelchair 1644 to maneuver about such rooms.1645 For purposes of division (H)(22) of this section, "covered 1646 multifamily dwellings" means buildings consisting of four or more 1647 units if such buildings have one or more elevators and ground 1648 floor units in other buildings consisting of four or more units.1649 (I) For any person to discriminate in any manner against any 1650 other person because that person has opposed any unlawful 1651 discriminatory practice defined in this section or because that 1652 person has made a charge, testified, assisted, or participated in 1653 any manner in any investigation, proceeding, or hearing under 1654 sections 4112.01 to 4112.07 of the Revised Code.1655 (J) For any person to aid, abet, incite, compel, or coerce 1656 the doing of any act declared by this section to be an unlawful 1657 discriminatory practice, to obstruct or prevent any person from 1658 complying with this chapter or any order issued under it, or to 1659 attempt directly or indirectly to commit any act declared by this 1660 section to be an unlawful discriminatory practice.1661 (K)(1) Nothing in division (H) of this section shall bar any 1662 religious or denominational institution or organization, or any 1663 nonprofit charitable or educational organization that is operated, 1664 supervised, or controlled by or in connection with a religious 1665 organization, from limiting the sale, rental, or occupancy of 1666 housing accommodations that it owns or operates for other than a 1667 commercial purpose to persons of the same religion, or from giving 1668 preference in the sale, rental, or occupancy of such housing 1669 accommodations to persons of the same religion, unless membership 1670 in the religion is restricted on account of race, color, or 1671 national origin.1672 (2) Nothing in division (H) of this section shall bar any 1673 bona fide private or fraternal organization that, incidental to 1674 its primary purpose, owns or operates lodgings for other than a 1675 commercial purpose, from limiting the rental or occupancy of the 1676 lodgings to its members or from giving preference to its members.1677 (3) Nothing in division (H) of this section limits the 1678 applicability of any reasonable local, state, or federal 1679 restrictions regarding the maximum number of occupants permitted 1680 to occupy housing accommodations. Nothing in that division 1681 prohibits the owners or managers of housing accommodations from 1682 implementing reasonable occupancy standards based on the number 1683 and size of sleeping areas or bedrooms and the overall size of a 1684 dwelling unit, provided that the standards are not implemented to 1685 circumvent the purposes of this chapter and are formulated, 1686 implemented, and interpreted in a manner consistent with this 1687 chapter and any applicable local, state, or federal restrictions 1688 regarding the maximum number of occupants permitted to occupy 1689 housing accommodations.1690 (4) Nothing in division (H) of this section requires that 1691 housing accommodations be made available to an individual whose 1692 tenancy would constitute a direct threat to the health or safety 1693 of other individuals or whose tenancy would result in substantial 1694 physical damage to the property of others.1695 (5) Nothing in division (H) of this section pertaining to 1696 discrimination on the basis of familial status shall be construed 1697 to apply to any of the following:1698 (a) Housing accommodations provided under any state or 1699 federal program that have been determined under the "Fair Housing 1700 Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 1701 amended, to be specifically designed and operated to assist 1702 elderly persons;1703 (b) Housing accommodations intended for and solely occupied 1704 by persons who are sixty-two years of age or older;1705 (c) Housing accommodations intended and operated for 1706 occupancy by at least one person who is fifty-five years of age or 1707 older per unit, as determined under the "Fair Housing Amendments 1708 Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.1709 (L) Nothing in divisions (A) to (E) of this section shall be 1710 construed to require a person with a disability to be employed or 1711 trained under circumstances that would significantly increase the 1712 occupational hazards affecting either the person with a 1713 disability, other employees, the general public, or the facilities 1714 in which the work is to be performed, or to require the employment 1715 or training of a person with a disability in a job that requires 1716 the person with a disability routinely to undertake any task, the 1717 performance of which is substantially and inherently impaired by 1718 the person's disability.1719 (M) Nothing in divisions (H)(1) to (18) of this section shall 1720 be construed to require any person selling or renting property to 1721 modify the property in any way or to exercise a higher degree of 1722 care for a person with a disability, to relieve any person with a 1723 disability of any obligation generally imposed on all persons 1724 regardless of disability in a written lease, rental agreement, or 1725 contract of purchase or sale, or to forbid distinctions based on 1726 the inability to fulfill the terms and conditions, including 1727 financial obligations, of the lease, agreement, or contract.1728 (N) An aggrieved individual may enforce the individual's 1729 rights relative to discrimination on the basis of age as provided 1730 for in this section by instituting a civil action, within one 1731 hundred eighty days after the alleged unlawful discriminatory 1732 practice occurred, in any court with jurisdiction for any legal or 1733 equitable relief that will effectuate the individual's rights.1734 A person who files a civil action under this division is 1735 barred, with respect to the practices complained of, from 1736 instituting a civil action under section 4112.14 of the Revised 1737 Code and from filing a charge with the commission under section 1738 4112.05 of the Revised Code.1739 (O) With regard to age, it shall not be an unlawful 1740 discriminatory practice and it shall not constitute a violation of 1741 division (A) of section 4112.14 of the Revised Code for any 1742 employer, employment agency, joint labor-management committee 1743 controlling apprenticeship training programs, or labor 1744 organization to do any of the following:1745 (1) Establish bona fide employment qualifications reasonably 1746 related to the particular business or occupation that may include 1747 standards for skill, aptitude, physical capability, intelligence, 1748 education, maturation, and experience;1749 (2) Observe the terms of a bona fide seniority system or any 1750 bona fide employee benefit plan, including, but not limited to, a 1751 retirement, pension, or insurance plan, that is not a subterfuge 1752 to evade the purposes of this section. However, no such employee 1753 benefit plan shall excuse the failure to hire any individual, and 1754 no such seniority system or employee benefit plan shall require or 1755 permit the involuntary retirement of any individual, because of 1756 the individual's age except as provided for in the "Age 1757 Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 1758 29 U.S.C.A. 623, as amended by the "Age Discrimination in 1759 Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 1760 623, as amended.1761 (3) Retire an employee who has attained sixty-five years of 1762 age who, for the two-year period immediately before retirement, is 1763 employed in a bona fide executive or a high policymaking position, 1764 if the employee is entitled to an immediate nonforfeitable annual 1765 retirement benefit from a pension, profit-sharing, savings, or 1766 deferred compensation plan, or any combination of those plans, of 1767 the employer of the employee, which equals, in the aggregate, at 1768 least forty-four thousand dollars, in accordance with the 1769 conditions of the "Age Discrimination in Employment Act Amendment 1770 of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age 1771 Discrimination in Employment Act Amendments of 1986," 100 Stat. 1772 3342, 29 U.S.C.A. 631, as amended;1773 (4) Observe the terms of any bona fide apprenticeship program 1774 if the program is registered with the Ohio apprenticeship council 1775 pursuant to sections 4139.01 to 4139.06 of the Revised Code and is 1776 approved by the federal committee on apprenticeship of the United 1777 States department of labor.1778 (P) Nothing in this chapter prohibiting age discrimination 1779 and nothing in division (A) of section 4112.14 of the Revised Code 1780 shall be construed to prohibit the following:1781 (1) The designation of uniform age the attainment of which is 1782 necessary for public employees to receive pension or other 1783 retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 1784 or 5505. of the Revised Code;1785 (2) The mandatory retirement of uniformed patrol officers of 1786 the state highway patrol as provided in section 5505.16 of the 1787 Revised Code;1788 (3) The maximum age requirements for appointment as a patrol 1789 officer in the state highway patrol established by section 5503.01 1790 of the Revised Code;1791 (4) The maximum age requirements established for original 1792 appointment to a police department or fire department in sections 1793 124.41 and 124.42 of the Revised Code;1794 (5) Any maximum age not in conflict with federal law that may 1795 be established by a municipal charter, municipal ordinance, or 1796 resolution of a board of township trustees for original 1797 appointment as a police officer or firefighter;1798 (6) Any mandatory retirement provision not in conflict with 1799 federal law of a municipal charter, municipal ordinance, or 1800 resolution of a board of township trustees pertaining to police 1801 officers and firefighters;1802 (7) Until January 1, 1994, the mandatory retirement of any 1803 employee who has attained seventy years of age and who is serving 1804 under a contract of unlimited tenure, or similar arrangement 1805 providing for unlimited tenure, at an institution of higher 1806 education as defined in the "Education Amendments of 1980," 94 1807 Stat. 1503, 20 U.S.C.A. 1141(a).1808 (Q)(1)(a) Except as provided in division (Q)(1)(b) of this 1809 section, for purposes of divisions (A) to (E) of this section, a 1810 disability does not include any physiological disorder or 1811 condition, mental or psychological disorder, or disease or 1812 condition caused by an illegal use of any controlled substance by 1813 an employee, applicant, or other person, if an employer, 1814 employment agency, personnel placement service, labor 1815 organization, or joint labor-management committee acts on the 1816 basis of that illegal use.1817 (b) Division (Q)(1)(a) of this section does not apply to an 1818 employee, applicant, or other person who satisfies any of the 1819 following:1820 (i) The employee, applicant, or other person has successfully 1821 completed a supervised drug rehabilitation program and no longer 1822 is engaging in the illegal use of any controlled substance, or the 1823 employee, applicant, or other person otherwise successfully has 1824 been rehabilitated and no longer is engaging in that illegal use.1825 (ii) The employee, applicant, or other person is 1826 participating in a supervised drug rehabilitation program and no 1827 longer is engaging in the illegal use of any controlled substance.1828 (iii) The employee, applicant, or other person is erroneously 1829 regarded as engaging in the illegal use of any controlled 1830 substance, but the employee, applicant, or other person is not 1831 engaging in that illegal use.1832 (2) Divisions (A) to (E) of this section do not prohibit an 1833 employer, employment agency, personnel placement service, labor 1834 organization, or joint labor-management committee from doing any 1835 of the following:1836 (a) Adopting or administering reasonable policies or 1837 procedures, including, but not limited to, testing for the illegal 1838 use of any controlled substance, that are designed to ensure that 1839 an individual described in division (Q)(1)(b)(i) or (ii) of this 1840 section no longer is engaging in the illegal use of any controlled 1841 substance;1842 (b) Prohibiting the illegal use of controlled substances and 1843 the use of alcohol at the workplace by all employees;1844 (c) Requiring that employees not be under the influence of 1845 alcohol or not be engaged in the illegal use of any controlled 1846 substance at the workplace;1847 (d) Requiring that employees behave in conformance with the 1848 requirements established under "The Drug-Free Workplace Act of 1849 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;1850 (e) Holding an employee who engages in the illegal use of any 1851 controlled substance or who is an alcoholic to the same 1852 qualification standards for employment or job performance, and the 1853 same behavior, to which the employer, employment agency, personnel 1854 placement service, labor organization, or joint labor-management 1855 committee holds other employees, even if any unsatisfactory 1856 performance or behavior is related to an employee's illegal use of 1857 a controlled substance or alcoholism;1858 (f) Exercising other authority recognized in the "Americans 1859 with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, 1860 as amended, including, but not limited to, requiring employees to 1861 comply with any applicable federal standards.1862 (3) For purposes of this chapter, a test to determine the 1863 illegal use of any controlled substance does not include a medical 1864 examination.1865 (4) Division (Q) of this section does not encourage, 1866 prohibit, or authorize, and shall not be construed as encouraging, 1867 prohibiting, or authorizing, the conduct of testing for the 1868 illegal use of any controlled substance by employees, applicants, 1869 or other persons, or the making of employment decisions based on 1870 the results of that type of testing.1871 (R)(1) Nothing in this section shall prohibit any religious 1872 association, corporation, or society that is not organized for 1873 private profit, or any institution organized for educational 1874 purposes that is operated, supervised, or controlled by such a 1875 religious association, corporation, or society, from doing either 1876 of the following:1877 (a) Limiting admission to or giving preference to persons of 1878 the same religion or denomination;1879 (b) In matters related to sexual orientation or gender 1880 identity, taking any action with respect to education, employment, 1881 housing and real property, or use of facilities.1882 (2) Division (R)(1) of this section shall not apply to 1883 secular business activities regularly carried on in which the 1884 religious association, corporation, or society engages if the 1885 conduct of those activities is unrelated to the religious and 1886 educational purposes for which the association, corporation, or 1887 society is organized.1888 (S) Nothing in this section shall be construed to establish 1889 an unlawful employment practice based on actual or perceived 1890 gender identity due to the denial of access to shared shower or 1891 dressing facilities in which being seen unclothed is unavoidable, 1892 provided that the employer provides reasonable access to adequate 1893 facilities that are not inconsistent with an employee's gender 1894 identity as established with the employer at the time of initial 1895 employment or upon notification to the employer that the employee 1896 has undergone or is undergoing gender transition, whichever is 1897 later.1898 (T) Nothing in this section shall be construed to require the 1899 construction of new or additional facilities.1900 (U) Nothing in this section prohibits an employer from 1901 implementing, enforcing, or modifying a dress code or grooming 1902 standards not prohibited by other provisions of federal, state, or 1903 local law and requiring an employee, during the employee's hours 1904 at work, to adhere to the dress code or grooming standards, 1905 provided that the employer permits any employee who has undergone 1906 gender transition before being initially employed, and any 1907 employee who has notified the employer that the employee has 1908 undergone or is undergoing gender transition after being initially 1909 employed, to adhere to the same dress code or grooming standards 1910 to which the employee has transitioned or is transitioning.1911 (V) Nothing in this section shall be construed to authorize 1912 or require any private employer, employment agency, or labor 1913 organization to implement quotas or affirmative action policies or 1914 programs, based on sexual orientation or gender identity.1915 (W) Upon receiving certification of a bona fide occupational 1916 qualification from the commission, nothing in this section 1917 requires an employer, whose business is primarily religious in 1918 nature, to take any employment action that would compromise that 1919 business's religious purposes relating to sexual orientation or 1920 gender identity.1921 (X)(1) It shall be an unlawful discriminatory practice for 1922 any employer, employment agency, or labor organization to limit, 1923 segregate, or classify its employees or applicants for employment 1924 in any way that would deprive or tend to deprive any individual of 1925 employment or otherwise adversely affect the status of the 1926 individual as an employee because of the individual's actual or 1927 perceived sexual orientation or gender identity.1928 (2) The commission shall not collect statistics on actual or 1929 perceived sexual orientation or gender identity from any employer, 1930 employment agency, or labor organization nor compel any of them to 1931 collect such statistics.1932 (3) Only disparate treatment claims, and not disparate impact 1933 claims, may be brought under this section on the basis of sexual 1934 orientation or gender identity. As used in division (X)(3) of this 1935 section, "disparate impact" means a facially neutral policy or 1936 practice that has a negative impact on a protected group.1937 Sec. 4112.021. (A) As used in this section:1938 (1) "Credit" means the right granted by a creditor to a 1939 person to defer payment of a debt, to incur debt and defer its 1940 payment, or to purchase property or services and defer payment for 1941 the property or services.1942 (2) "Creditor" means any person who regularly extends, 1943 renews, or continues credit, any person who regularly arranges for 1944 the extension, renewal, or continuation of credit, or any assignee 1945 of an original creditor who participates in the decision to 1946 extend, renew, or continue credit, whether or not any interest or 1947 finance charge is required.1948 (3) "Credit reporting agency" means any person who, for 1949 monetary fees or dues or on a cooperative nonprofit basis, 1950 regularly assembles or evaluates credit information for the 1951 purpose of furnishing credit reports to creditors.1952 (4) "Age" means any age of eighteen years or older.1953 (B) It shall be an unlawful discriminatory practice:1954 (1) For any creditor to do any of the following:1955 (a) Discriminate against any applicant for credit in the 1956 granting, withholding, extending, or renewing of credit, or in the 1957 fixing of the rates, terms, or conditions of any form of credit, 1958 on the basis of race, color, religion, age, sexgender, sexual 1959 orientation, gender identity, military status, marital status, 1960 national origin, disability, or ancestry, except that this 1961 division shall not apply with respect to age in any real estate 1962 transaction between a financial institution, a dealer in 1963 intangibles, or an insurance company as defined in section 5725.01 1964 of the Revised Code and its customers;1965 (b) Use or make any inquiry as to race, color, religion, age, 1966 sexgender, sexual orientation, gender identity, military status, 1967 marital status, national origin, disability, or ancestry for the 1968 purpose of limiting or specifying those persons to whom credit 1969 will be granted, except that an inquiry of marital status does not 1970 constitute discrimination for the purposes of this section if the 1971 inquiry is made for the purpose of ascertaining the creditor's 1972 rights and remedies applicable to the particular extension of 1973 credit, and except that creditors are excepted from this division 1974 with respect to any inquiry, elicitation of information, record, 1975 or form of application required of a particular creditor by any 1976 instrumentality or agency of the United States, or required of a 1977 particular creditor by any agency or instrumentality to enforce 1978 the "Civil Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A. 1979 3608(c);1980 (c) Refuse to consider the sources of income of an applicant 1981 for credit, or disregard or ignore the income of an applicant, in 1982 whole or in part, on the basis of race, color, religion, age, sex1983 gender, sexual orientation, gender identity, military status, 1984 marital status, disability, national origin, or ancestry;1985 (d) Refuse to grant credit to an individual in any name that 1986 individual customarily uses, if it has been determined in the 1987 normal course of business that the creditor will grant credit to 1988 the individual;1989 (e) Impose any special requirements or conditions, including, 1990 but not limited to, a requirement for co-obligors or 1991 reapplication, upon any applicant or class of applicants on the 1992 basis of race, color, religion, age, sexgender, sexual 1993 orientation, gender identity, military status, marital status, 1994 national origin, disability, or ancestry in circumstances where 1995 similar requirements or conditions are not imposed on other 1996 applicants similarly situated, unless the special requirements or 1997 conditions that are imposed with respect to age are the result of 1998 a real estate transaction exempted under division (B)(1)(a) of 1999 this section or are the result of programs that grant preferences 2000 to certain age groups administered by instrumentalities or 2001 agencies of the United States, a state, or a political subdivision 2002 of a state;2003 (f) Fail or refuse to provide an applicant for credit a 2004 written statement of the specific reasons for rejection of the 2005 application if requested in writing by the applicant within sixty 2006 days of the rejection. The creditor shall provide the written 2007 statement of the specific reason for rejection within thirty days 2008 after receipt of a request of that nature. For purposes of this 2009 section, a statement that the applicant was rejected solely on the 2010 basis of information received from a credit reporting agency or 2011 because the applicant failed to meet the standards required by the 2012 creditor's credit scoring system, uniformly applied, shall 2013 constitute a specific reason for rejection.2014 (g) Fail or refuse to print on or firmly attach to each 2015 application for credit, in a type size no smaller than that used 2016 throughout most of the application form, the following notice: 2017 "The Ohio laws against discrimination require that all creditors 2018 make credit equally available to all credit worthy customers, and 2019 that credit reporting agencies maintain separate credit histories 2020 on each individual upon request. The Ohio civil rights commission 2021 administers compliance with this law." This notice is not required 2022 to be included in applications that have a multi-state 2023 distribution if the notice is mailed to the applicant with the 2024 notice of acceptance or rejection of the application.2025 (h) Fail or refuse on the basis of race, color, religion, 2026 age, sexgender, sexual orientation, gender identity, military 2027 status, marital status, national origin, disability, or ancestry 2028 to maintain, upon the request of the individual, a separate 2029 account for each individual to whom credit is extended;2030 (i) Fail or refuse on the basis of race, color, religion, 2031 age, sexgender, sexual orientation, gender identity, military 2032 status, marital status, national origin, disability, or ancestry 2033 to maintain records on any account established after November 1, 2034 1976, to furnish information on the accounts to credit reporting 2035 agencies in a manner that clearly designates the contractual 2036 liability for repayment as indicated on the application for the 2037 account, and, if more than one individual is contractually liable 2038 for repayment, to maintain records and furnish information in the 2039 name of each individual. This division does not apply to 2040 individuals who are contractually liable only if the primary party 2041 defaults on the account.2042 (2) For any credit reporting agency to do any of the 2043 following:2044 (a) Fail or refuse on the basis of race, color, religion, 2045 age, sexgender, sexual orientation, gender identity, military 2046 status, marital status, national origin, disability, or ancestry 2047 to maintain, upon the request of the individual, a separate file 2048 on each individual about whom information is assembled or 2049 evaluated;2050 (b) Fail or refuse on the basis of race, color, religion, 2051 age, sexgender, sexual orientation, gender identity, military 2052 status, marital status, national origin, disability, or ancestry 2053 to clearly note, maintain, and report any information furnished it 2054 under division (B)(1)(i) of this section.2055 (C) This section does not prohibit a creditor from requesting 2056 the signature of both spouses to create a valid lien, pass clear 2057 title, or waive inchoate rights to property.2058 (D) The rights granted by this section may be enforced by 2059 aggrieved individuals by filing a civil action in a court of 2060 common pleas within one hundred eighty days after the alleged 2061 unlawful discriminatory practice occurred. Upon application by the 2062 plaintiff and in circumstances that the court considers just, the 2063 court in which a civil action under this section is brought may 2064 appoint an attorney for the plaintiff and may authorize the 2065 commencement of a civil action upon proper showing without the 2066 payment of costs. If the court finds that an unlawful 2067 discriminatory practice prohibited by this section occurred or is 2068 about to occur, the court may grant relief that it considers 2069 appropriate, including a permanent or temporary injunction, 2070 temporary restraining order, or other order, and may award to the 2071 plaintiff compensatory and punitive damages of not less than one 2072 hundred dollars, together with attorney's fees and court costs.2073 (E) Nothing contained in this section shall bar a creditor 2074 from reviewing an application for credit on the basis of 2075 established criteria used in the normal course of business for the 2076 determination of the credit worthiness of the individual applicant 2077 for credit, including the credit history of the applicant.2078 Sec. 4112.04. (A) The commission shall do all of the 2079 following:2080 (1) Establish and maintain a principal office in the city of 2081 Columbus and any other offices within the state that it considers 2082 necessary;2083 (2) Appoint an executive director who shall serve at the 2084 pleasure of the commission and be its principal administrative 2085 officer. The executive director shall be paid a salary fixed 2086 pursuant to Chapter 124. of the Revised Code.2087 (3) Appoint hearing examiners and other employees and agents 2088 who it considers necessary and prescribe their duties subject to 2089 Chapter 124. of the Revised Code;2090 (4) Adopt, promulgate, amend, and rescind rules to effectuate 2091 the provisions of this chapter and the policies and practice of 2092 the commission in connection with this chapter;2093 (5) Formulate policies to effectuate the purposes of this 2094 chapter and make recommendations to agencies and officers of the 2095 state or political subdivisions to effectuate the policies;2096 (6) Receive, investigate, and pass upon written charges made 2097 under oath of unlawful discriminatory practices;2098 (7) Make periodic surveys of the existence and effect of 2099 discrimination because of race, color, religion, sexgender, 2100 sexual orientation, gender identity, military status, familial 2101 status, national origin, disability, age, or ancestry on the 2102 enjoyment of civil rights by persons within the state;2103 (8) Report, from time to time, but not less than once a year, 2104 to the general assembly and the governor, describing in detail the 2105 investigations, proceedings, and hearings it has conducted and 2106 their outcome, the decisions it has rendered, and the other work 2107 performed by it, which report shall include a copy of any surveys 2108 prepared pursuant to division (A)(7) of this section and shall 2109 include the recommendations of the commission as to legislative or 2110 other remedial action;2111 (9) Prepare a comprehensive educational program, in 2112 cooperation with the department of education, for the students of 2113 the primary and secondary public schools of this state and for all 2114 other residents of this state that is designed to eliminate 2115 prejudice on the basis of race, color, religion, sex, military 2116 status, familial status, national origin, disability, age, or 2117 ancestry in this state, to further good will among those groups,2118 and to emphasize the origin of prejudice against those groupsand 2119 discrimination, its harmful effects, and itstheir incompatibility 2120 with American principles of equality and fair play;2121 (10) Receive progress reports from agencies, 2122 instrumentalities, institutions, boards, commissions, and other 2123 entities of this state or any of its political subdivisions and 2124 their agencies, instrumentalities, institutions, boards, 2125 commissions, and other entities regarding affirmative action 2126 programs for the employment of persons against whom discrimination 2127 is prohibited by this chapter, or regarding any affirmative 2128 housing accommodations programs developed to eliminate or reduce 2129 an imbalance of race, color, religion, sexgender, sexual 2130 orientation, gender identity, military status, familial status, 2131 national origin, disability, or ancestry. All agencies, 2132 instrumentalities, institutions, boards, commissions, and other 2133 entities of this state or its political subdivisions, and all 2134 political subdivisions, that have undertaken affirmative action 2135 programs pursuant to a conciliation agreement with the commission, 2136 an executive order of the governor, any federal statute or rule, 2137 or an executive order of the president of the United States shall 2138 file progress reports with the commission annually on or before 2139 the first day of November. The commission shall analyze and 2140 evaluate the progress reports and report its findings annually to 2141 the general assembly on or before the thirtieth day of January of 2142 the year immediately following the receipt of the reports.2143 (B) The commission may do any of the following:2144 (1) Meet and function at any place within the state;2145 (2) Initiate and undertake on its own motion investigations 2146 of problems of employment or housing accommodations 2147 discrimination;2148 (3) Hold hearings, subpoena witnesses, compel their 2149 attendance, administer oaths, take the testimony of any person 2150 under oath, require the production for examination of any books 2151 and papers relating to any matter under investigation or in 2152 question before the commission, and make rules as to the issuance 2153 of subpoenas by individual commissioners.2154 (a) In conducting a hearing or investigation, the commission 2155 shall have access at all reasonable times to premises, records, 2156 documents, individuals, and other evidence or possible sources of 2157 evidence and may examine, record, and copy the premises, records, 2158 documents, and other evidence or possible sources of evidence and 2159 take and record the testimony or statements of the individuals as 2160 reasonably necessary for the furtherance of the hearing or 2161 investigation. In investigations, the commission shall comply with 2162 the fourth amendment to the United States Constitution relating to 2163 unreasonable searches and seizures. The commission or a member of 2164 the commission may issue subpoenas to compel access to or the 2165 production of premises, records, documents, and other evidence or 2166 possible sources of evidence or the appearance of individuals, and 2167 may issue interrogatories to a respondent, to the same extent and 2168 subject to the same limitations as would apply if the subpoenas or 2169 interrogatories were issued or served in aid of a civil action in 2170 a court of common pleas.2171 (b) Upon written application by a party to a hearing under 2172 division (B) of section 4112.05 of the Revised Code, the 2173 commission shall issue subpoenas in its name to the same extent 2174 and subject to the same limitations as subpoenas issued by the 2175 commission. Subpoenas issued at the request of a party shall show 2176 on their face the name and address of the party and shall state 2177 that they were issued at the party's request.2178 (c) Witnesses summoned by subpoena of the commission are 2179 entitled to the witness and mileage fees provided for under 2180 section 119.094 of the Revised Code.2181 (d) Within five days after service of a subpoena upon any 2182 person, the person may petition the commission to revoke or modify 2183 the subpoena. The commission shall grant the petition if it finds 2184 that the subpoena requires an appearance or attendance at an 2185 unreasonable time or place, that it requires production of 2186 evidence that does not relate to any matter before the commission, 2187 that it does not describe with sufficient particularity the 2188 evidence to be produced, that compliance would be unduly onerous, 2189 or for other good reason.2190 (e) In case of contumacy or refusal to obey a subpoena, the 2191 commission or person at whose request it was issued may petition 2192 for its enforcement in the court of common pleas in the county in 2193 which the person to whom the subpoena was addressed resides, was 2194 served, or transacts business.2195 (4) Create local or statewide advisory agencies and 2196 conciliation councils to aid in effectuating the purposes of this 2197 chapter. The commission may itself, or it may empower these 2198 agencies and councils to, do either or both of the following:2199 (a) Study the problems of discrimination in all or specific 2200 fields of human relationships when based on race, color, religion, 2201 sexgender, sexual orientation, gender identity, military status, 2202 familial status, national origin, disability, age, or ancestry;2203 (b) Foster through community effort, or otherwise, good will 2204 among the groups and elements of the population of the state.2205 The agencies and councils may make recommendations to the 2206 commission for the development of policies and procedures in 2207 general. They shall be composed of representative citizens who 2208 shall serve without pay, except that reimbursement for actual and 2209 necessary traveling expenses shall be made to citizens who serve 2210 on a statewide agency or council.2211 (5) Issue any publications and the results of investigations 2212 and research that in its judgment will tend to promote good will 2213 and minimize or eliminate discrimination because of race, color, 2214 religion, sexgender, sexual orientation, gender identity,2215 military status, familial status, national origin, disability, 2216 age, or ancestry.2217 Sec. 4112.05. (A) The commission, as provided in this 2218 section, shall prevent any person from engaging in unlawful 2219 discriminatory practices, provided that, before instituting the 2220 formal hearing authorized by division (B) of this section, it 2221 shall attempt, by informal methods of conference, conciliation, 2222 mediation, and persuasion, to induce compliance with this chapter.2223 (B)(1) Any person may file a charge with the commission 2224 alleging that another person has engaged or is engaging in an 2225 unlawful discriminatory practice. In the case of a charge alleging 2226 an unlawful discriminatory practice described in division (A), 2227 (B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in 2228 section 4112.021 or 4112.022 of the Revised Code, the charge shall 2229 be in writing and under oath and shall be filed with the 2230 commission within six months after the alleged unlawful 2231 discriminatory practice was committed. In the case of a charge 2232 alleging an unlawful discriminatory practice described in division 2233 (H) of section 4112.02 of the Revised Code, the charge shall be in 2234 writing and under oath and shall be filed with the commission 2235 within one year after the alleged unlawful discriminatory practice 2236 was committed.2237 (2) Upon receiving a charge, the commission may initiate a 2238 preliminary investigation to determine whether it is probable that 2239 an unlawful discriminatory practice has been or is being engaged 2240 in. The commission also may conduct, upon its own initiative and 2241 independent of the filing of any charges, a preliminary 2242 investigation relating to any of the unlawful discriminatory 2243 practices described in division (A), (B), (C), (D), (E), (F), (I), 2244 or (J) of section 4112.02 or in section 4112.021 or 4112.022 of 2245 the Revised Code. Prior to a notification of a complainant under 2246 division (B)(4) of this section or prior to the commencement of 2247 informal methods of conference, conciliation, and persuasion under 2248 that division, the members of the commission and the officers and 2249 employees of the commission shall not make public in any manner 2250 and shall retain as confidential all information that was obtained 2251 as a result of or that otherwise pertains to a preliminary 2252 investigation other than one described in division (B)(3) of this 2253 section.2254 (3)(a) Unless it is impracticable to do so and subject to its 2255 authority under division (B)(3)(d) of this section, the commission 2256 shall complete a preliminary investigation of a charge filed 2257 pursuant to division (B)(1) of this section that alleges an 2258 unlawful discriminatory practice described in division (H) of 2259 section 4112.02 of the Revised Code, and shall take one of the 2260 following actions, within one hundred days after the filing of the 2261 charge:2262 (i) Notify the complainant and the respondent that it is not 2263 probable that an unlawful discriminatory practice described in 2264 division (H) of section 4112.02 of the Revised Code has been or is 2265 being engaged in and that the commission will not issue a 2266 complaint in the matter;2267 (ii) Initiate a complaint and schedule it for informal 2268 methods of conference, conciliation, and persuasion;2269 (iii) Initiate a complaint and refer it to the attorney 2270 general with a recommendation to seek a temporary or permanent 2271 injunction or a temporary restraining order. If this action is 2272 taken, the attorney general shall apply, as expeditiously as 2273 possible after receipt of the complaint, to the court of common 2274 pleas of the county in which the unlawful discriminatory practice 2275 allegedly occurred for the appropriate injunction or order, and 2276 the court shall hear and determine the application as 2277 expeditiously as possible.2278 (b) If it is not practicable to comply with the requirements 2279 of division (B)(3)(a) of this section within the one-hundred-day 2280 period described in that division, the commission shall notify the 2281 complainant and the respondent in writing of the reasons for the 2282 noncompliance.2283 (c) Prior to the issuance of a complaint under division 2284 (B)(3)(a)(ii) or (iii) of this section or prior to a notification 2285 of the complainant and the respondent under division (B)(3)(a)(i) 2286 of this section, the members of the commission and the officers 2287 and employees of the commission shall not make public in any 2288 manner and shall retain as confidential all information that was 2289 obtained as a result of or that otherwise pertains to a 2290 preliminary investigation of a charge filed pursuant to division 2291 (B)(1) of this section that alleges an unlawful discriminatory 2292 practice described in division (H) of section 4112.05 of the 2293 Revised Code.2294 (d) Notwithstanding the types of action described in 2295 divisions (B)(3)(a)(ii) and (iii) of this section, prior to the 2296 issuance of a complaint or the referral of a complaint to the 2297 attorney general and prior to endeavoring to eliminate an unlawful 2298 discriminatory practice described in division (H) of section 2299 4112.02 of the Revised Code by informal methods of conference, 2300 conciliation, and persuasion, the commission may seek a temporary 2301 or permanent injunction or a temporary restraining order in the 2302 court of common pleas of the county in which the unlawful 2303 discriminatory practice allegedly occurred.2304 (4) If the commission determines after a preliminary 2305 investigation other than one described in division (B)(3) of this 2306 section that it is not probable that an unlawful discriminatory 2307 practice has been or is being engaged in, it shall notify any 2308 complainant under division (B)(1) of this section that it has so 2309 determined and that it will not issue a complaint in the matter. 2310 If the commission determines after a preliminary investigation 2311 other than the one described in division (B)(3) of this section 2312 that it is probable that an unlawful discriminatory practice has 2313 been or is being engaged in, it shall endeavor to eliminate the 2314 practice by informal methods of conference, conciliation, and 2315 persuasion.2316 (5) Nothing said or done during informal methods of 2317 conference, conciliation, and persuasion under this section shall 2318 be disclosed by any member of the commission or its staff or be 2319 used as evidence in any subsequent hearing or other proceeding. 2320 If, after a preliminary investigation and the use of informal 2321 methods of conference, conciliation, and persuasion under this 2322 section, the commission is satisfied that any unlawful 2323 discriminatory practice will be eliminated, it may treat the 2324 charge involved as being conciliated and enter that disposition on 2325 the records of the commission. If the commission fails to effect 2326 the elimination of an unlawful discriminatory practice by informal 2327 methods of conference, conciliation, and persuasion under this 2328 section and to obtain voluntary compliance with this chapter, the 2329 commission shall issue and cause to be served upon any person, 2330 including the respondent against whom a complainant has filed a 2331 charge pursuant to division (B)(1) of this section, a complaint 2332 stating the charges involved and containing a notice of an 2333 opportunity for a hearing before the commission, a member of the 2334 commission, or a hearing examiner at a place that is stated in the 2335 notice and that is located within the county in which the alleged 2336 unlawful discriminatory practice has occurred or is occurring or 2337 in which the respondent resides or transacts business. The hearing 2338 shall be held not less than thirty days after the service of the 2339 complaint upon the complainant, the aggrieved persons other than 2340 the complainant on whose behalf the complaint is issued, and the 2341 respondent, unless the complainant, an aggrieved person, or the 2342 respondent elects to proceed under division (A)(2) of section 2343 4112.051 of the Revised Code when that division is applicable. If 2344 a complaint pertains to an alleged unlawful discriminatory 2345 practice described in division (H) of section 4112.02 of the 2346 Revised Code, the complaint shall notify the complainant, an 2347 aggrieved person, and the respondent of the right of the 2348 complainant, an aggrieved person, or the respondent to elect to 2349 proceed with the administrative hearing process under this section 2350 or to proceed under division (A)(2) of section 4112.051 of the 2351 Revised Code.2352 (6) The attorney general shall represent the commission at 2353 any hearing held pursuant to division (B)(5) of this section and 2354 shall present the evidence in support of the complaint.2355 (7) Any complaint issued pursuant to division (B)(5) of this 2356 section after the filing of a charge under division (B)(1) of this 2357 section shall be so issued within one year after the complainant 2358 filed the charge with respect to an alleged unlawful 2359 discriminatory practice.2360 (C) Any complaint issued pursuant to division (B) of this 2361 section may be amended by the commission, a member of the 2362 commission, or the hearing examiner conducting a hearing under 2363 division (B) of this section, at any time prior to or during the 2364 hearing. The respondent has the right to file an answer or an 2365 amended answer to the original and amended complaints and to 2366 appear at the hearing in person, by attorney, or otherwise to 2367 examine and cross-examine witnesses.2368 (D) The complainant shall be a party to a hearing under 2369 division (B) of this section, and any person who is an 2370 indispensable party to a complete determination or settlement of a 2371 question involved in the hearing shall be joined. Any aggrieved 2372 person who has or claims an interest in the subject of the hearing 2373 and in obtaining or preventing relief against the unlawful 2374 discriminatory practices complained of shall be permitted to 2375 appear only for the presentation of oral or written arguments, to 2376 present evidence, perform direct and cross-examination, and be 2377 represented by counsel. The commission shall adopt rules, in 2378 accordance with Chapter 119. of the Revised Code governing the 2379 authority granted under this division.2380 (E) In any hearing under division (B) of this section, the 2381 commission, a member of the commission, or the hearing examiner 2382 shall not be bound by the Rules of Evidence but, in ascertaining 2383 the practices followed by the respondent, shall take into account 2384 all reliable, probative, and substantial statistical or other 2385 evidence produced at the hearing that may tend to prove the 2386 existence of a predetermined pattern of employment or membership, 2387 provided that nothing contained in this section shall be construed 2388 to authorize or require any person to observe the proportion that 2389 persons of any race, color, religion, sexgender, sexual 2390 orientation, gender identity, military status, familial status, 2391 national origin, disability, age, or ancestry bear to the total 2392 population or in accordance with any criterion other than the 2393 individual qualifications of the applicant.2394 (F) The testimony taken at a hearing under division (B) of 2395 this section shall be under oath and shall be reduced to writing 2396 and filed with the commission. Thereafter, in its discretion, the 2397 commission, upon the service of a notice upon the complainant and 2398 the respondent that indicates an opportunity to be present, may 2399 take further testimony or hear argument.2400 (G)(1) If, upon all reliable, probative, and substantial 2401 evidence presented at a hearing under division (B) of this 2402 section, the commission determines that the respondent has engaged 2403 in, or is engaging in, any unlawful discriminatory practice, 2404 whether against the complainant or others, the commission shall 2405 state its findings of fact and conclusions of law and shall issue 2406 and, subject to the provisions of Chapter 119. of the Revised 2407 Code, cause to be served on the respondent an order requiring the 2408 respondent to cease and desist from the unlawful discriminatory 2409 practice, requiring the respondent to take any further affirmative 2410 or other action that will effectuate the purposes of this chapter, 2411 including, but not limited to, hiring, reinstatement, or upgrading 2412 of employees with or without back pay, or admission or restoration 2413 to union membership, and requiring the respondent to report to the 2414 commission the manner of compliance. If the commission directs 2415 payment of back pay, it shall make allowance for interim earnings. 2416 If it finds a violation of division (H) of section 4112.02 of the 2417 Revised Code, the commission additionally shall require the 2418 respondent to pay actual damages and reasonable attorney's fees, 2419 and may award to the complainant punitive damages as follows:2420 (a) If division (G)(1)(b) or (c) of this section does not 2421 apply, punitive damages in an amount not to exceed ten thousand 2422 dollars;2423 (b) If division (G)(1)(c) of this section does not apply and 2424 if the respondent has been determined by a final order of the 2425 commission or by a final judgment of a court to have committed one 2426 violation of division (H) of section 4112.02 of the Revised Code 2427 during the five-year period immediately preceding the date on 2428 which a complaint was issued pursuant to division (B) of this 2429 section, punitive damages in an amount not to exceed twenty-five 2430 thousand dollars;2431 (c) If the respondent has been determined by a final order of 2432 the commission or by a final judgment of a court to have committed 2433 two or more violations of division (H) of section 4112.02 of the 2434 Revised Code during the seven-year period immediately preceding 2435 the date on which a complaint was issued pursuant to division (B) 2436 of this section, punitive damages in an amount not to exceed fifty 2437 thousand dollars.2438 (2) Upon the submission of reports of compliance, the 2439 commission may issue a declaratory order stating that the 2440 respondent has ceased to engage in particular unlawful 2441 discriminatory practices.2442 (H) If the commission finds that no probable cause exists for 2443 crediting charges of unlawful discriminatory practices or if, upon 2444 all the evidence presented at a hearing under division (B) of this 2445 section on a charge, the commission finds that a respondent has 2446 not engaged in any unlawful discriminatory practice against the 2447 complainant or others, it shall state its findings of fact and 2448 shall issue and cause to be served on the complainant an order 2449 dismissing the complaint as to the respondent. A copy of the order 2450 shall be delivered in all cases to the attorney general and any 2451 other public officers whom the commission considers proper.2452 (I) Until the time period for appeal set forth in division 2453 (H) of section 4112.06 of the Revised Code expires, the 2454 commission, subject to the provisions of Chapter 119. of the 2455 Revised Code, at any time, upon reasonable notice, and in the 2456 manner it considers proper, may modify or set aside, in whole or 2457 in part, any finding or order made by it under this section.2458 Sec. 4112.08. This chapter shall be construed liberally for 2459 the accomplishment of its purposes, and any law inconsistent with 2460 any provision of this chapter shall not apply. Nothing contained 2461 in this chapter shall be considered to repeal any of the 2462 provisions of any law of this state relating to discrimination 2463 because of race, color, religion, sexgender, sexual orientation, 2464 gender identity, military status, familial status, disability, 2465 national origin, age, or ancestry, except that any person filing a 2466 charge under division (B)(1) of section 4112.05 of the Revised 2467 Code, with respect to the unlawful discriminatory practices 2468 complained of, is barred from instituting a civil action under 2469 section 4112.14 or division (N) of section 4112.02 of the Revised 2470 Code. This chapter does not limit actions, procedures, and 2471 remedies afforded under federal law.2472 Sec. 4117.19. (A) Every employee organization that is 2473 certified or recognized as a representative of public employees 2474 under this chapter shall file with the state employment relations 2475 board a registration report that is signed by its president or 2476 other appropriate officer. The report shall be in a form 2477 prescribed by the board and accompanied by two copies of the 2478 employee organization's constitution and bylaws. The board shall 2479 accept a filing by a statewide, national, or international 2480 employee organization of its constitution and bylaws in lieu of a 2481 filing of the documents by each subordinate organization. The 2482 exclusive representative or other employee organization originally 2483 filing its constitution and bylaws shall report, promptly, to the 2484 board all changes or amendments to its constitution and bylaws.2485 (B) Every employee organization shall file with the board an 2486 annual report. The report shall be in a form prescribed by the 2487 board and shall contain the following information:2488 (1) The names and addresses of the organization, any parent 2489 organization or organizations with which it is affiliated, and all 2490 organizationwide officers;2491 (2) The name and address of its local agent for service of 2492 process;2493 (3) A general description of the public employees the 2494 organization represents or seeks to represent;2495 (4) The amounts of the initiation fee and monthly dues 2496 members must pay;2497 (5) A pledge, in a form prescribed by the board, that the 2498 organization will comply with the laws of the state and that it 2499 will accept members without regard to age, race, color, sex2500 gender, creed, religion, ancestry, or national origin,;2501 disability, sexual orientation, gender identity, or military 2502 status as those terms are defined in section 4112.01 of the 2503 Revised Code, military status as defined in that section,; or 2504 physical disability as provided by law:;2505 (6) A financial report.2506 (C) The constitution or bylaws of every employee organization 2507 shall do all of the following:2508 (1) Require that the organization keep accurate accounts of 2509 all income and expenses, prepare an annual financial report, keep 2510 open for inspection by any member of the organization its 2511 accounts, and make loans to officers and agents only on terms and 2512 conditions available to all members;2513 (2) Prohibit business or financial interests of its officers 2514 and agents, their spouses, minor children, parents, or otherwise, 2515 in conflict with the fiduciary obligation of such persons to the 2516 organization;2517 (3) When specifically requested by the board, require every 2518 official who is designated as a fiscal officer of an employee 2519 organization and who is responsible for funds or other property of 2520 the organization or trust in which an organization is interested, 2521 or a subsidiary organization be bonded with the amount, scope, and 2522 form of the bond determined by the board;2523 (4) Require periodic elections of officers by secret ballot 2524 subject to recognized safeguards concerning the equal right of all 2525 members to nominate, seek office, and vote in the elections, the 2526 right of individual members to participate in the affairs of the 2527 organization, and fair and equitable procedures in disciplinary 2528 actions.2529 (D) The board shall prescribe rules necessary to govern the 2530 establishment and reporting of trusteeships over employee 2531 organizations. The establishment of trusteeships is permissible 2532 only if the constitution or bylaws of the organization set forth 2533 reasonable procedures.2534 (E) The board may withhold certification of an employee 2535 organization that willfully refuses to register or file an annual 2536 report or that willfully refuses to comply with other provisions 2537 of this section. The board may revoke a certification of an 2538 employee organization for willfully failing to comply with this 2539 section. The board may enforce the prohibitions contained in this 2540 section by petitioning the court of common pleas of the county in 2541 which the violation occurs for an injunction. Persons complaining 2542 of a violation of this section shall file the complaint with the 2543 board.2544 (F) Upon the written request to the board of any member of a 2545 certified employee organization and where the board determines the 2546 necessity for an audit, the board may require the employee 2547 organization to provide a certified audit of its financial 2548 records.2549 (G) Any employee organization subject to the 2550 "Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. 2551 519, 29 U.S.C.A., 401, as amended, may file copies with the board 2552 of all reports it is required to file under that act in lieu of 2553 compliance with all parts of this section other than division (A) 2554 of this section. The board shall accept a filing by a statewide, 2555 national, or international employee organization of its reports in 2556 lieu of a filing of such reports by each subordinate organization.2557 Sec. 4735.16. (A) Every real estate broker licensed under 2558 this chapter shall erect or maintain a sign on the business 2559 premises plainly stating that the licensee is a real estate 2560 broker. If the real estate broker maintains one or more branch 2561 offices, the real estate broker shall erect or maintain a sign at 2562 each branch office plainly stating that the licensee is a real 2563 estate broker.2564 (B)(1) Any licensed real estate broker or salesperson who 2565 advertises to buy, sell, exchange, or lease real estate, or to 2566 engage in any act regulated by this chapter, with respect to 2567 property the licensee does not own, shall be identified in the 2568 advertisement by name and indicate the name of the brokerage with 2569 which the licensee is affiliated.2570 (2) Any licensed real estate broker or sales person2571 salesperson who advertises to sell, exchange, or lease real 2572 estate, or to engage in any act regulated by this chapter, with 2573 respect to property that the licensee owns, shall be identified in 2574 the advertisement by name and indicate that the property is agent 2575 owned, and if the property is listed with a real estate brokerage, 2576 the advertisement shall also indicate the name of the brokerage 2577 with which the property is listed.2578 (3) The name of the brokerage shall be displayed in equal 2579 prominence with the name of the salesperson in the advertisement. 2580 For purposes of this section, "brokerage" means the name the real 2581 estate company or sole broker is doing business as, or if the real 2582 estate company or sole broker does not use such a name, the name 2583 of the real estate company or sole broker as licensed.2584 (4) A real estate broker who is representing a seller under 2585 an exclusive right to sell or lease listing agreement shall not 2586 advertise such property to the public as "for sale by owner" or 2587 otherwise mislead the public to believe that the seller is not 2588 represented by a real estate broker.2589 (5) If any real estate broker or real estate salesperson 2590 advertises in a manner other than as provided in this section or 2591 the rules adopted under this section, that advertisement is 2592 prima-facie evidence of a violation under division (A)(21) of 2593 section 4735.18 of the Revised Code.2594 When the superintendent determines that prima-facie evidence 2595 of a violation of division (A)(21) of section 4735.18 of the 2596 Revised Code or any of the rules adopted thereunder exists, the 2597 superintendent may do either of the following:2598 (a) Initiate disciplinary action under section 4735.051 of 2599 the Revised Code for a violation of division (A)(21) of section 2600 4735.18 of the Revised Code, in accordance with Chapter 119. of 2601 the Revised Code;2602 (b) Personally, or by certified mail, serve a citation upon 2603 the licensee.2604 (C)(1) Every citation served under this section shall give 2605 notice to the licensee of the alleged violation or violations 2606 charged and inform the licensee of the opportunity to request a 2607 hearing in accordance with Chapter 119. of the Revised Code. The 2608 citation also shall contain a statement of a fine of two hundred 2609 dollars per violation, not to exceed two thousand five hundred 2610 dollars per citation. All fines collected pursuant to this section 2611 shall be credited to the real estate recovery fund, created in the 2612 state treasury under section 4735.12 of the Revised Code.2613 (2) If any licensee is cited three times within twelve 2614 consecutive months, the superintendent shall initiate disciplinary 2615 action pursuant to section 4735.051 of the Revised Code for any 2616 subsequent violation that occurs within the same twelve-month 2617 period.2618 (3) If a licensee fails to request a hearing within thirty 2619 days of the date of service of the citation, or the licensee and 2620 the superintendent fail to reach an alternative agreement, the 2621 citation shall become final.2622 (4) Unless otherwise indicated, the licensee named in a final 2623 citation must meet all requirements contained in the final 2624 citation within thirty days of the effective date of that 2625 citation.2626 (5) The superintendent shall suspend automatically a 2627 licensee's license if the licensee fails to comply with division 2628 (C)(4) of this section.2629 (D) A real estate broker or salesperson obtaining the 2630 signature of a party to a listing or other agreement involved in a 2631 real estate transaction shall furnish a copy of the listing or 2632 other agreement to the party immediately after obtaining the 2633 party's signature. Every broker's office shall prominently display 2634 in the same immediate area as licenses are displayed a statement 2635 that it is illegal to discriminate against any person because of 2636 race, color, religion, sexgender, national origin, or ancestry; 2637 or familial status as defined in section 4112.01 of the Revised 2638 Code, national origin, military status as defined in that section, 2639 disability as defined in that section, gender identity, or 2640 ancestrysexual orientation, as those terms are defined in section 2641 4112.01 of the Revised Code, in the sale or rental of housing or 2642 residential lots, in advertising the sale or rental of housing, in 2643 the financing of housing, or in the provision of real estate 2644 brokerage services and that blockbusting also is illegal. The 2645 statement shall bear the United States department of housing and 2646 urban development equal housing logo, shall contain the 2647 information that the broker and the broker's salespersons are 2648 licensed by the division of real estate and professional licensing 2649 and that the division can assist with any consumer complaints or 2650 inquiries, and shall explain the provisions of section 4735.12 of 2651 the Revised Code. The statement shall provide the division's 2652 address and telephone number. The Ohio real estate commission 2653 shall provide by rule for the wording and size of the statement. 2654 The pamphlet required under section 4735.03 of the Revised Code 2655 shall contain the same statement that is required on the statement 2656 displayed as provided in this section and shall be made available 2657 by real estate brokers and salespersons to their clients. The 2658 commission shall provide the wording and size of the pamphlet.2659 Sec. 4735.55. (A) Each written agency agreement shall 2660 contain all of the following:2661 (1) An expiration date;2662 (2) A statement that it is illegal, pursuant to the Ohio fair 2663 housing law, division (H) of section 4112.02 of the Revised Code, 2664 and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to 2665 refuse to sell, transfer, assign, rent, lease, sublease, or 2666 finance housing accommodations, refuse to negotiate for the sale 2667 or rental of housing accommodations, or otherwise deny or make 2668 unavailable housing accommodations because of race, color, 2669 religion, sexgender, national origin, or ancestry; or familial 2670 status as defined in section 4112.01 of the Revised Code, 2671 ancestry, military status as defined in that section, disability 2672 as defined in that section, gender identity, or national origin2673 sexual orientation, as those terms are defined in section 4112.01 2674 of the Revised Code, or to so discriminate in advertising the sale 2675 or rental of housing, in the financing of housing, or in the 2676 provision of real estate brokerage services;2677 (3) A statement defining the practice known as "blockbusting" 2678 and stating that it is illegal;2679 (4) A copy of the United States department of housing and 2680 urban development equal housing opportunity logotype, as set forth 2681 in 24 C.F.R. 109.30, as amended.2682 (B) Each written agency agreement shall contain a place for 2683 the licensee and the client to sign and date the agreement.2684 (C) A licensee shall furnish a copy of any written agency 2685 agreement to a client in a timely manner after the licensee and 2686 the client have signed and dated it.2687 Sec. 4757.07. The counselor, social worker, and marriage and 2688 family therapist board and its professional standards committees 2689 shall not discriminate against any licensee, registrant, or 2690 applicant for a license or certificate of registration under this 2691 chapter because of the person's race, color, religion, sexgender, 2692 or national origin,; disability, sexual orientation, or gender 2693 identity, as those terms are defined in section 4112.01 of the 2694 Revised Code,; or age. The board or committee, as appropriate, 2695 shall afford a hearing to any person who files with the board or 2696 committee a statement alleging discrimination based on any of 2697 those reasons.2698 Sec. 4758.16. The chemical dependency professionals board 2699 shall not discriminate against any licensee, certificate holder, 2700 or applicant for a license or certificate under this chapter 2701 because of the individual's race, color, religion, gender, or2702 national origin,; disability, sexual orientation, or gender 2703 identity, as those terms are defined in section 4112.01 of the 2704 Revised Code,; or age. The board shall afford a hearing to any 2705 individual who files with the board a statement alleging 2706 discrimination based on any of those reasons.2707 Sec. 4765.18. The state board of emergency medical services 2708 may suspend or revoke a certificate of accreditation or a 2709 certificate of approval issued under section 4765.17 of the 2710 Revised Code for any of the following reasons:2711 (A) Violation of this chapter or any rule adopted under it;2712 (B) Furnishing of false, misleading, or incomplete 2713 information to the board;2714 (C) The signing of an application or the holding of a 2715 certificate of accreditation by a person who has pleaded guilty to 2716 or has been convicted of a felony, or has pleaded guilty to or 2717 been convicted of a crime involving moral turpitude;2718 (D) The signing of an application or the holding of a 2719 certificate of accreditation by a person who is addicted to the 2720 use of any controlled substance or has been adjudicated 2721 incompetent for that purpose by a court, as provided in section 2722 5122.301 of the Revised Code;2723 (E) Violation of any commitment made in an application for a 2724 certificate of accreditation or certificate of approval;2725 (F) Presentation to prospective students of misleading, 2726 false, or fraudulent information relating to the emergency medical 2727 services training program or emergency medical services continuing 2728 education program, employment opportunities, or opportunities for 2729 enrollment in accredited institutions of higher education after 2730 entering or completing courses offered by the operator of a 2731 program;2732 (G) Failure to maintain in a safe and sanitary condition 2733 premises and equipment used in conducting courses of study;2734 (H) Failure to maintain financial resources adequate for the 2735 satisfactory conduct of courses of study or to retain a sufficient 2736 number of certified instructors;2737 (I) Discrimination in the acceptance of students upon the 2738 basis of sexual orientation or gender identity as those terms are 2739 defined in section 4112.01 of the Revised Code, race, color, 2740 religion, sexgender, or national origin.2741 Sec. 5104.09. (A)(1) Except as provided in rules adopted 2742 pursuant to division (D) of this section, no individual who has 2743 been convicted of or pleaded guilty to a violation described in 2744 division (A)(9) of section 109.572 of the Revised Code, a 2745 violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05, 2746 2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35 2747 of the Revised Code or a violation of an existing or former law or 2748 ordinance of any municipal corporation, this state, any other 2749 state, or the United States that is substantially equivalent to 2750 any of those violations, or two violations of section 4511.19 of 2751 the Revised Code during operation of the center or home shall be 2752 certified as an in-home aide or be employed in any capacity in or 2753 own or operate a child day-care center, type A family day-care 2754 home, type B family day-care home, or certified type B family 2755 day-care home.2756 (2) Each employee of a child day-care center and type A home 2757 and every person eighteen years of age or older residing in a type 2758 A home shall sign a statement on forms prescribed by the director 2759 of job and family services attesting to the fact that the employee 2760 or resident person has not been convicted of or pleaded guilty to 2761 any offense set forth in division (A)(1) of this section and that 2762 no child has been removed from the employee's or resident person's 2763 home pursuant to section 2151.353 of the Revised Code. Each 2764 licensee of a type A home shall sign a statement on a form 2765 prescribed by the director attesting to the fact that no person 2766 who resides at the type A home and who is under the age of 2767 eighteen has been adjudicated a delinquent child for committing a 2768 violation of any section listed in division (A)(1) of this 2769 section. The statements shall be kept on file at the center or 2770 type A home.2771 (3) Each in-home aide and every person eighteen years of age 2772 or older residing in a certified type B home shall sign a 2773 statement on forms prescribed by the director of job and family 2774 services attesting that the aide or resident person has not been 2775 convicted of or pleaded guilty to any offense set forth in 2776 division (A)(1) of this section and that no child has been removed 2777 from the aide's or resident person's home pursuant to section 2778 2151.353 of the Revised Code. Each authorized provider shall sign 2779 a statement on forms prescribed by the director attesting that the 2780 provider has not been convicted of or pleaded guilty to any 2781 offense set forth in division (A)(1) of this section and that no 2782 child has been removed from the provider's home pursuant to 2783 section 2151.353 of the Revised Code. Each authorized provider 2784 shall sign a statement on a form prescribed by the director 2785 attesting to the fact that no person who resides at the certified 2786 type B home and who is under the age of eighteen has been 2787 adjudicated a delinquent child for committing a violation of any 2788 section listed in division (A)(1) of this section. The statements 2789 shall be kept on file at the county department of job and family 2790 services.2791 (4) Each administrator and licensee of a center or type A 2792 home shall sign a statement on a form prescribed by the director 2793 of job and family services attesting that the administrator or 2794 licensee has not been convicted of or pleaded guilty to any 2795 offense set forth in division (A)(1) of this section and that no 2796 child has been removed from the administrator's or licensee's home 2797 pursuant to section 2151.353 of the Revised Code. The statement 2798 shall be kept on file at the center or type A home.2799 (B) No in-home aide, no administrator, licensee, authorized 2800 provider, or employee of a center, type A home, or certified type 2801 B home, and no person eighteen years of age or older residing in a 2802 type A home or certified type B home shall withhold information 2803 from, or falsify information on, any statement required pursuant 2804 to division (A)(2), (3), or (4) of this section.2805 (C) No administrator, licensee, or child-care staff member 2806 shall discriminate in the enrollment of children in a child 2807 day-care center upon the basis of sexual orientation or gender 2808 identity as those terms are defined in section 4112.01 of the 2809 Revised Code, race, color, religion, sexgender, or national 2810 origin.2811 (D) The director of job and family services shall adopt rules 2812 pursuant to Chapter 119. of the Revised Code to implement this 2813 section, including rules specifying exceptions to the prohibition 2814 in division (A) of this section for persons who have been 2815 convicted of an offense listed in that division but meet 2816 rehabilitation standards set by the department.2817 Sec. 5107.26. (A) As used in this section:2818 (1) "Transitional child care" means publicly funded child 2819 care provided under division (A)(3) of section 5104.34 of the 2820 Revised Code.2821 (2) "Transitional medicaid" means the medical assistance 2822 provided under section 5111.0115 of the Revised Code.2823 (B) Except as provided in division (C) of this section, each 2824 member of an assistance group participating in Ohio works first is 2825 ineligible to participate in the program for six payment months if 2826 a county department of job and family services determines that a 2827 member of the assistance group terminated the member's employment 2828 and each person who, on the day prior to the day a recipient 2829 begins to receive transitional child care or transitional 2830 medicaid, was a member of the recipient's assistance group is 2831 ineligible to participate in Ohio works first for six payment 2832 months if a county department determines that the recipient 2833 terminated the recipient's employment.2834 (C) No assistance group member shall lose or be denied 2835 eligibility to participate in Ohio works first pursuant to 2836 division (B) of this section if the termination of employment was 2837 because an assistance group member or recipient of transitional 2838 child care or transitional medicaid secured comparable or better 2839 employment or the county department of job and family services 2840 certifies that the member or recipient terminated the employment 2841 with just cause.2842 Just cause includes the following:2843 (1) Discrimination by an employer based on sexual orientation 2844 or gender identity as those terms are defined in section 4112.01 2845 of the Revised Code, age, race, sexgender, color, handicap, 2846 religious beliefs, or national origin;2847 (2) Work demands or conditions that render continued 2848 employment unreasonable, such as working without being paid on 2849 schedule;2850 (3) Employment that has become unsuitable due to any of the 2851 following:2852 (a) The wage is less than the federal minimum wage;2853 (b) The work is at a site subject to a strike or lockout, 2854 unless the strike has been enjoined under section 208 of the 2855 "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. 2856 178, as amended, an injunction has been issued under section 10 of 2857 the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as 2858 amended, or an injunction has been issued under section 4117.16 of 2859 the Revised Code;2860 (c) The documented degree of risk to the member or 2861 recipient's health and safety is unreasonable;2862 (d) The member or recipient is physically or mentally unfit 2863 to perform the employment, as documented by medical evidence or by 2864 reliable information from other sources.2865 (4) Documented illness of the member or recipient or of 2866 another assistance group member of the member or recipient 2867 requiring the presence of the member or recipient;2868 (5) A documented household emergency;2869 (6) Lack of adequate child care for children of the member or 2870 recipient who are under six years of age.2871 Sec. 5111.31. (A) Every provider agreement with the provider 2872 of a nursing facility or intermediate care facility for the 2873 mentally retarded shall:2874 (1) Prohibit the provider from failing or refusing to retain 2875 as a patient any person because the person is, becomes, or may, as 2876 a patient in the facility, become a medicaid recipient. For the 2877 purposes of this division, a medicaid recipient who is a patient 2878 in a facility shall be considered a patient in the facility during 2879 any hospital stays totaling less than twenty-five days during any 2880 twelve-month period. Recipients who have been identified by the 2881 department of job and family services or its designee as requiring 2882 the level of care of an intermediate care facility for the 2883 mentally retarded shall not be subject to a maximum period of 2884 absences during which they are considered patients if prior 2885 authorization of the department for visits with relatives and 2886 friends and participation in therapeutic programs is obtained 2887 under rules adopted under section 5111.02 of the Revised Code.2888 (2) Except as provided by division (B)(1) of this section, 2889 include any part of the facility that meets standards for 2890 certification of compliance with federal and state laws and rules 2891 for participation in the medicaid program.2892 (3) Prohibit the provider from discriminating against any 2893 patient on the basis of sexual orientation or gender identity as 2894 those terms are defined in section 4112.01 of the Revised Code,2895 race, color, sexgender, creed, or national origin.2896 (4) Except as otherwise prohibited under section 5111.55 of 2897 the Revised Code, prohibit the provider from failing or refusing 2898 to accept a patient because the patient is, becomes, or may, as a 2899 patient in the facility, become a medicaid recipient if less than 2900 eighty per cent of the patients in the facility are medicaid 2901 recipients.2902 (B)(1) Except as provided by division (B)(2) of this section, 2903 the following are not required to be included in a provider 2904 agreement unless otherwise required by federal law:2905 (a) Beds added during the period beginning July 1, 1987, and 2906 ending July 1, 1993, to a nursing home licensed under Chapter 2907 3721. of the Revised Code;2908 (b) Beds in an intermediate care facility for the mentally 2909 retarded that are designated for respite care under a medicaid 2910 waiver component operated pursuant to a waiver sought under 2911 section 5111.87 of the Revised Code.2912 (2) If a provider chooses to include a bed specified in 2913 division (B)(1)(a) of this section in a provider agreement, the 2914 bed may not be removed from the provider agreement unless the 2915 provider withdraws the facility in which the bed is located from 2916 the medicaid program.2917 (C) Nothing in this section shall bar a provider that is a 2918 religious organization operating a religious or denominational 2919 nursing facility or intermediate care facility for the mentally 2920 retarded from giving preference to persons of the same religion or 2921 denomination. Nothing in this section shall bar any provider from 2922 giving preference to persons with whom the provider has contracted 2923 to provide continuing care.2924 (D) Nothing in this section shall bar the provider of a 2925 county home organized under Chapter 5155. of the Revised Code from 2926 admitting residents exclusively from the county in which the 2927 county home is located.2928 (E) No provider of a nursing facility or intermediate care 2929 facility for the mentally retarded for which a provider agreement 2930 is in effect shall violate the provider contract obligations 2931 imposed under this section.2932 (F) Nothing in divisions (A) and (C) of this section shall 2933 bar a provider from retaining patients who have resided in the 2934 provider's facility for not less than one year as private pay 2935 patients and who subsequently become medicaid recipients, but 2936 refusing to accept as a patient any person who is or may, as a 2937 patient in the facility, become a medicaid recipient, if all of 2938 the following apply:2939 (1) The provider does not refuse to retain any patient who 2940 has resided in the provider's facility for not less than one year 2941 as a private pay patient because the patient becomes a medicaid 2942 recipient, except as necessary to comply with division (F)(2) of 2943 this section;2944 (2) The number of medicaid recipients retained under this 2945 division does not at any time exceed ten per cent of all the 2946 patients in the facility;2947 (3) On July 1, 1980, all the patients in the facility were 2948 private pay patients.2949 Sec. 5119.623. The director of mental health may withhold 2950 funds otherwise to be allocated to a board of alcohol, drug 2951 addiction, and mental health services under section 5119.62 of the 2952 Revised Code if the board denies available service on the basis of 2953 religion, race, color, creed, sexgender, national origin, or2954 age,; disability, sexual orientation, or gender identity, as those 2955 terms are defined in section 4112.01 of the Revised Code,; or 2956 developmental disability.2957 Sec. 5123.351. The director of developmental disabilities, 2958 with respect to the eligibility for state reimbursement of 2959 expenses incurred by facilities and programs established and 2960 operated under Chapter 5126. of the Revised Code for persons with 2961 mental retardation or a developmental disability, shall do all of 2962 the following:2963 (A) Make rules that may be necessary to carry out the 2964 purposes of Chapter 5126. and sections 5123.35, 5123.351, and 2965 5123.36 of the Revised Code;2966 (B) Define minimum standards for qualifications of personnel, 2967 professional services, and in-service training and educational 2968 leave programs;2969 (C) Review and evaluate community programs and make 2970 recommendations for needed improvements to county boards of 2971 developmental disabilities and to program directors;2972 (D) Withhold state reimbursement, in whole or in part, from 2973 any county or combination of counties for failure to comply with 2974 Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code 2975 or rules of the department of developmental disabilities;2976 (E) Withhold state funds from an agency, corporation, or 2977 association denying or rendering service on the basis of race, 2978 color, sexgender, religion, ancestry, or national origin,;2979 disability, sexual orientation, or gender identity, as those terms 2980 are defined in section 4112.01 of the Revised Code,; or inability 2981 to pay;2982 (F) Provide consultative staff service to communities to 2983 assist in ascertaining needs and in planning and establishing 2984 programs.2985 Sec. 5126.07. No county board of developmental disabilities 2986 or any agency, corporation, or association under contract with a 2987 county board of developmental disabilities shall discriminate in 2988 the provision of services under its authority or contract on the 2989 basis of sexual orientation or gender identity as those terms are 2990 defined in section 4112.01 of the Revised Code, race, color, sex2991 gender, creed, disability, national origin, or the inability to 2992 pay.2993 Each county board of developmental disabilities shall provide 2994 a plan of affirmative action describing its goals and methods for 2995 the provision of equal employment opportunities for all persons 2996 under its authority and shall ensure nondiscrimination in 2997 employment under its authority or contract on the basis of sexual 2998 orientation or gender identity as those terms are defined in 2999 section 4112.01 of the Revised Code, race, color, sexgender, 3000 creed, disability, or national origin.3001 Sec. 5515.08. (A) The department of transportation may 3002 contract to sell commercial advertising space within or on the 3003 outside surfaces of any building located within a roadside rest 3004 area under its jurisdiction in exchange for cash payment. Money 3005 the department receives under this section shall be deposited in 3006 the state treasury to the credit of the roadside rest area 3007 improvement fund, which is hereby created. The department shall 3008 use the money in the fund only to improve roadside rest areas in 3009 accordance with section 5529.06 of the Revised Code.3010 (B) Advertising placed under this section shall comply with 3011 all of the following:3012 (1) It shall not be libelous or obscene and shall not promote 3013 any illegal product or service.3014 (2) It shall not promote illegal discrimination on the basis 3015 of the sexual orientation or gender identity as those terms are 3016 defined in section 4112.01 of the Revised Code, race, religion, 3017 gender, national origin, handicap, age, or ancestry of any person.3018 (3) It shall not support or oppose any candidate for 3019 political office or any political cause, issue, or organization.3020 (4) It shall comply with any controlling federal or state 3021 regulations or restrictions.3022 (5) To the extent physically and technically practical, it 3023 shall state that the advertisement is a paid commercial 3024 advertisement and that the state does not endorse the product or 3025 service promoted by the advertisement or make any representation 3026 about the accuracy of the advertisement or the quality or 3027 performance of the product or service promoted by the 3028 advertisement.3029 (6) It shall conform to all applicable rules adopted by the 3030 director of transportation under division (E) of this section.3031 (C) Contracts entered into under this section shall be 3032 awarded only to the qualified bidder who submits the highest 3033 responsive bid or according to uniformly applied rate classes.3034 (D) No person, except an advertiser alleging a breach of 3035 contract or the improper awarding of a contract, has a cause of 3036 action against the state with respect to any contract or 3037 advertising authorized by this section. Under no circumstances is 3038 the state liable for consequential or noneconomic damages with 3039 respect to any contract or advertising authorized under this 3040 section.3041 (E) The director, in accordance with Chapter 119. of the 3042 Revised Code, shall adopt rules to implement this section. The 3043 rules shall be consistent with the policy of protecting the safety 3044 of the traveling public and consistent with the national policy 3045 governing the use and control of such roadside rest areas. The 3046 rules shall regulate the awarding of contracts and may regulate 3047 the content, display, and other aspects of the commercial 3048 advertising authorized by this section.3049 Sec. 5709.832. The legislative authority of a county, 3050 township, or municipal corporation that grants an exemption from 3051 taxation under Chapter 725. or 1728. or section 3735.67, 5709.40, 3052 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the 3053 Revised Code shall develop policies to ensure that the recipient 3054 of the exemption practices nondiscriminatory hiring in its 3055 operations. As used in this section, "nondiscriminatory hiring" 3056 means that no individual may be denied employment solely on the 3057 basis of sexual orientation or gender identity as those terms are 3058 defined in section 4112.01 of the Revised Code, race, religion, 3059 sexgender, disability, color, national origin, or ancestry.3060 Section 2. That existing sections 9.03, 124.93, 125.111, 3061 340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3062 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3063 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 3064 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 3065 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 5515.08, 3066 and 5709.832 of the Revised Code are hereby repealed.3067 Section 3. Section 4112.04 of the Revised Code is presented 3068 in this act as a composite of the section as amended by both Am. 3069 Sub. H.B. 525 of the 127th General Assembly and Am. Sub. H.B. 1 of 3070 the 128th General Assembly. The General Assembly, applying the 3071 principle stated in division (B) of section 1.52 of the Revised 3072 Code that amendments are to be harmonized if reasonably capable of 3073 simultaneous operation, finds that the composite is the resulting 3074 version of the section in effect prior to the effective date of 3075 the section as presented in this act.3076