Text of OH SB 349 (2012)

As Introduced 129th General Assembly Regular Session 2011-2012 S. B. No. 349 Senators Turner, Tavares Cosponsors: Senators Kearney, Sawyer, Brown, Schiavoni, Gentile, Cafaro, Skindell A BILL To amend sections 3314.03, 3326.11, 4111.04, 4111.05, 1 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 2 4111.13, 4111.17, 4111.99, and 4112.01, to amend, 3 for the purpose of adopting a new section number 4 as indicated in parentheses, section 4111.17 5 (4112.16) of the Revised Code to enact the "Fair 6 and Acceptable Income Required (FAIR) Act" and to 7 revise the enforcement of the prohibitions against 8 discrimination in the payment of wages. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3314.03, 3326.11, 4111.04, 4111.05, 10 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 4111.17, 11 4111.99, and 4112.01 be amended, and section 4111.17 (4112.16) of 12 the Revised Code be amended for the purpose of adopting a new 13 section number as indicated in parentheses, to read as follows:14 Sec. 3314.03. A copy of every contract entered into under 15 this section shall be filed with the superintendent of public 16 instruction.17 (A) Each contract entered into between a sponsor and the 18 governing authority of a community school shall specify the 19 following:20 (1) That the school shall be established as either of the 21 following:22 (a) A nonprofit corporation established under Chapter 1702. 23 of the Revised Code, if established prior to April 8, 2003;24 (b) A public benefit corporation established under Chapter 25 1702. of the Revised Code, if established after April 8, 2003.26 (2) The education program of the school, including the 27 school's mission, the characteristics of the students the school 28 is expected to attract, the ages and grades of students, and the 29 focus of the curriculum;30 (3) The academic goals to be achieved and the method of 31 measurement that will be used to determine progress toward those 32 goals, which shall include the statewide achievement assessments;33 (4) Performance standards by which the success of the school 34 will be evaluated by the sponsor;35 (5) The admission standards of section 3314.06 of the Revised 36 Code and, if applicable, section 3314.061 of the Revised Code;37 (6)(a) Dismissal procedures;38 (b) A requirement that the governing authority adopt an 39 attendance policy that includes a procedure for automatically 40 withdrawing a student from the school if the student without a 41 legitimate excuse fails to participate in one hundred five 42 consecutive hours of the learning opportunities offered to the 43 student.44 (7) The ways by which the school will achieve racial and 45 ethnic balance reflective of the community it serves;46 (8) Requirements for financial audits by the auditor of 47 state. The contract shall require financial records of the school 48 to be maintained in the same manner as are financial records of 49 school districts, pursuant to rules of the auditor of state. 50 Audits shall be conducted in accordance with section 117.10 of the 51 Revised Code.52 (9) The facilities to be used and their locations;53 (10) Qualifications of teachers, including the following:54 (a) A requirement that the school's classroom teachers be 55 licensed in accordance with sections 3319.22 to 3319.31 of the 56 Revised Code, except that a community school may engage 57 noncertificated persons to teach up to twelve hours per week 58 pursuant to section 3319.301 of the Revised Code;59 (b) A requirement that each classroom teacher initially hired 60 by the school on or after July 1, 2013, and employed to provide 61 instruction in physical education hold a valid license issued 62 pursuant to section 3319.22 of the Revised Code for teaching 63 physical education.64 (11) That the school will comply with the following 65 requirements:66 (a) The school will provide learning opportunities to a 67 minimum of twenty-five students for a minimum of nine hundred 68 twenty hours per school year.69 (b) The governing authority will purchase liability 70 insurance, or otherwise provide for the potential liability of the 71 school.72 (c) The school will be nonsectarian in its programs, 73 admission policies, employment practices, and all other 74 operations, and will not be operated by a sectarian school or 75 religious institution.76 (d) The school will comply with sections 9.90, 9.91, 109.65, 77 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 78 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, 79 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648, 80 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 81 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 82 3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817, 83 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 84 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 85 3321.191, 3327.10, 4111.174112.16, 4113.52, and 5705.391 and 86 Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., 87 and 4167. of the Revised Code as if it were a school district and 88 will comply with section 3301.0714 of the Revised Code in the 89 manner specified in section 3314.17 of the Revised Code.90 (e) The school shall comply with Chapter 102. and section 91 2921.42 of the Revised Code.92 (f) The school will comply with sections 3313.61, 3313.611, 93 and 3313.614 of the Revised Code, except that for students who 94 enter ninth grade for the first time before July 1, 2010, the 95 requirement in sections 3313.61 and 3313.611 of the Revised Code 96 that a person must successfully complete the curriculum in any 97 high school prior to receiving a high school diploma may be met by 98 completing the curriculum adopted by the governing authority of 99 the community school rather than the curriculum specified in Title 100 XXXIII of the Revised Code or any rules of the state board of 101 education. Beginning with students who enter ninth grade for the 102 first time on or after July 1, 2010, the requirement in sections 103 3313.61 and 3313.611 of the Revised Code that a person must 104 successfully complete the curriculum of a high school prior to 105 receiving a high school diploma shall be met by completing the 106 Ohio core curriculum prescribed in division (C) of section 107 3313.603 of the Revised Code, unless the person qualifies under 108 division (D) or (F) of that section. Each school shall comply with 109 the plan for awarding high school credit based on demonstration of 110 subject area competency, adopted by the state board of education 111 under division (J) of section 3313.603 of the Revised Code.112 (g) The school governing authority will submit within four 113 months after the end of each school year a report of its 114 activities and progress in meeting the goals and standards of 115 divisions (A)(3) and (4) of this section and its financial status 116 to the sponsor and the parents of all students enrolled in the 117 school.118 (h) The school, unless it is an internet- or computer-based 119 community school, will comply with sections 3313.674 and 3313.801 120 of the Revised Code as if it were a school district.121 (i) If the school is the recipient of moneys from a grant 122 awarded under the federal race to the top program, Division (A), 123 Title XIV, Sections 14005 and 14006 of the "American Recovery and 124 Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 125 school will pay teachers based upon performance in accordance with 126 section 3317.141 and will comply with section 3319.111 of the 127 Revised Code as if it were a school district.128 (12) Arrangements for providing health and other benefits to 129 employees;130 (13) The length of the contract, which shall begin at the 131 beginning of an academic year. No contract shall exceed five years 132 unless such contract has been renewed pursuant to division (E) of 133 this section.134 (14) The governing authority of the school, which shall be 135 responsible for carrying out the provisions of the contract;136 (15) A financial plan detailing an estimated school budget 137 for each year of the period of the contract and specifying the 138 total estimated per pupil expenditure amount for each such year. 139 The plan shall specify for each year the base formula amount that 140 will be used for purposes of funding calculations under section 141 3314.08 of the Revised Code. This base formula amount for any year 142 shall not exceed the formula amount defined under section 3317.02 143 of the Revised Code. The plan may also specify for any year a 144 percentage figure to be used for reducing the per pupil amount of 145 the subsidy calculated pursuant to section 3317.029 of the Revised 146 Code the school is to receive that year under section 3314.08 of 147 the Revised Code.148 (16) Requirements and procedures regarding the disposition of 149 employees of the school in the event the contract is terminated or 150 not renewed pursuant to section 3314.07 of the Revised Code;151 (17) Whether the school is to be created by converting all or 152 part of an existing public school or educational service center 153 building or is to be a new start-up school, and if it is a 154 converted public school or service center building, specification 155 of any duties or responsibilities of an employer that the board of 156 education or service center governing board that operated the 157 school or building before conversion is delegating to the 158 governing authority of the community school with respect to all or 159 any specified group of employees provided the delegation is not 160 prohibited by a collective bargaining agreement applicable to such 161 employees;162 (18) Provisions establishing procedures for resolving 163 disputes or differences of opinion between the sponsor and the 164 governing authority of the community school;165 (19) A provision requiring the governing authority to adopt a 166 policy regarding the admission of students who reside outside the 167 district in which the school is located. That policy shall comply 168 with the admissions procedures specified in sections 3314.06 and 169 3314.061 of the Revised Code and, at the sole discretion of the 170 authority, shall do one of the following:171 (a) Prohibit the enrollment of students who reside outside 172 the district in which the school is located;173 (b) Permit the enrollment of students who reside in districts 174 adjacent to the district in which the school is located;175 (c) Permit the enrollment of students who reside in any other 176 district in the state.177 (20) A provision recognizing the authority of the department 178 of education to take over the sponsorship of the school in 179 accordance with the provisions of division (C) of section 3314.015 180 of the Revised Code;181 (21) A provision recognizing the sponsor's authority to 182 assume the operation of a school under the conditions specified in 183 division (B) of section 3314.073 of the Revised Code;184 (22) A provision recognizing both of the following:185 (a) The authority of public health and safety officials to 186 inspect the facilities of the school and to order the facilities 187 closed if those officials find that the facilities are not in 188 compliance with health and safety laws and regulations;189 (b) The authority of the department of education as the 190 community school oversight body to suspend the operation of the 191 school under section 3314.072 of the Revised Code if the 192 department has evidence of conditions or violations of law at the 193 school that pose an imminent danger to the health and safety of 194 the school's students and employees and the sponsor refuses to 195 take such action.196 (23) A description of the learning opportunities that will be 197 offered to students including both classroom-based and 198 non-classroom-based learning opportunities that is in compliance 199 with criteria for student participation established by the 200 department under division (L)(2) of section 3314.08 of the Revised 201 Code;202 (24) The school will comply with sections 3302.04 and 203 3302.041 of the Revised Code, except that any action required to 204 be taken by a school district pursuant to those sections shall be 205 taken by the sponsor of the school. However, the sponsor shall not 206 be required to take any action described in division (F) of 207 section 3302.04 of the Revised Code.208 (25) Beginning in the 2006-2007 school year, the school will 209 open for operation not later than the thirtieth day of September 210 each school year, unless the mission of the school as specified 211 under division (A)(2) of this section is solely to serve dropouts. 212 In its initial year of operation, if the school fails to open by 213 the thirtieth day of September, or within one year after the 214 adoption of the contract pursuant to division (D) of section 215 3314.02 of the Revised Code if the mission of the school is solely 216 to serve dropouts, the contract shall be void.217 (B) The community school shall also submit to the sponsor a 218 comprehensive plan for the school. The plan shall specify the 219 following:220 (1) The process by which the governing authority of the 221 school will be selected in the future;222 (2) The management and administration of the school;223 (3) If the community school is a currently existing public 224 school or educational service center building, alternative 225 arrangements for current public school students who choose not to 226 attend the converted school and for teachers who choose not to 227 teach in the school or building after conversion;228 (4) The instructional program and educational philosophy of 229 the school;230 (5) Internal financial controls.231 (C) A contract entered into under section 3314.02 of the 232 Revised Code between a sponsor and the governing authority of a 233 community school may provide for the community school governing 234 authority to make payments to the sponsor, which is hereby 235 authorized to receive such payments as set forth in the contract 236 between the governing authority and the sponsor. The total amount 237 of such payments for oversight and monitoring of the school shall 238 not exceed three per cent of the total amount of payments for 239 operating expenses that the school receives from the state.240 (D) The contract shall specify the duties of the sponsor 241 which shall be in accordance with the written agreement entered 242 into with the department of education under division (B) of 243 section 3314.015 of the Revised Code and shall include the 244 following:245 (1) Monitor the community school's compliance with all laws 246 applicable to the school and with the terms of the contract;247 (2) Monitor and evaluate the academic and fiscal performance 248 and the organization and operation of the community school on at 249 least an annual basis;250 (3) Report on an annual basis the results of the evaluation 251 conducted under division (D)(2) of this section to the department 252 of education and to the parents of students enrolled in the 253 community school;254 (4) Provide technical assistance to the community school in 255 complying with laws applicable to the school and terms of the 256 contract;257 (5) Take steps to intervene in the school's operation to 258 correct problems in the school's overall performance, declare the 259 school to be on probationary status pursuant to section 3314.073 260 of the Revised Code, suspend the operation of the school pursuant 261 to section 3314.072 of the Revised Code, or terminate the contract 262 of the school pursuant to section 3314.07 of the Revised Code as 263 determined necessary by the sponsor;264 (6) Have in place a plan of action to be undertaken in the 265 event the community school experiences financial difficulties or 266 closes prior to the end of a school year.267 (E) Upon the expiration of a contract entered into under this 268 section, the sponsor of a community school may, with the approval 269 of the governing authority of the school, renew that contract for 270 a period of time determined by the sponsor, but not ending earlier 271 than the end of any school year, if the sponsor finds that the 272 school's compliance with applicable laws and terms of the contract 273 and the school's progress in meeting the academic goals prescribed 274 in the contract have been satisfactory. Any contract that is 275 renewed under this division remains subject to the provisions of 276 sections 3314.07, 3314.072, and 3314.073 of the Revised Code.277 (F) If a community school fails to open for operation within 278 one year after the contract entered into under this section is 279 adopted pursuant to division (D) of section 3314.02 of the Revised 280 Code or permanently closes prior to the expiration of the 281 contract, the contract shall be void and the school shall not 282 enter into a contract with any other sponsor. A school shall not 283 be considered permanently closed because the operations of the 284 school have been suspended pursuant to section 3314.072 of the 285 Revised Code. 286 Sec. 3326.11. Each science, technology, engineering, and 287 mathematics school established under this chapter and its 288 governing body shall comply with sections 9.90, 9.91, 109.65, 289 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 290 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 291 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 292 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 293 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, 294 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 295 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 296 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 297 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, 298 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 299 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 300 3321.191, 3327.10, 4111.174112.16, 4113.52, and 5705.391 and 301 Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 302 4112., 4123., 4141., and 4167. of the Revised Code as if it were a 303 school district.304 Sec. 4111.04. The director of commerce may:305 (A) Investigate and ascertain the wages of persons employed 306 in any occupation in the state;307 (B) Enter and inspect the place of business or employment of 308 any employer for the purpose of inspecting any books, registers, 309 payrolls, or other records of the employer that in any way relate 310 to the question of wages, hours, and other conditions of 311 employment of any employees, and may question the employees for 312 the purpose of ascertaining whether sections 4111.01 to 4111.17313 4111.14 and 4112.16 of the Revised Code, and the rules adopted 314 thereunder, have been and are being obeyed. In conducting an 315 inspection of the records of an employer, the director shall make 316 every effort to coordinate the inspection with those conducted by 317 the federal agency responsible for enforcement of the "Fair Labor 318 Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as 319 amended. If the federal agency has completed an audit or 320 examination of the employer's records within the sixty days prior 321 to the date the director notifies the employer of the director's 322 intent to examine the employer's records, the director shall 323 accept in lieu of the director's own inspection, a report from the 324 federal agency that the employer is in compliance with the federal 325 act, unless the director has reasonable grounds for believing that 326 the report is inaccurate or incomplete for the purposes of 327 sections 4111.01 to 4111.13 of the Revised Code, or that events 328 occurring since the audit give the director reasonable grounds for 329 believing that a violation of sections 4111.01 to 4111.13 of the 330 Revised Code has occurred.331 (C) In the event the director is prohibited by any employer 332 from carrying out the intent of this section, the director may 333 issue subpoenas and compel attendance of witnesses and production 334 of papers, books, accounts, payrolls, documents, records, and 335 testimony relating and relevant to the director's investigation.336 Sec. 4111.05. The director of commerce shall adopt rules in 337 accordance with Chapter 119. of the Revised Code as the director 338 considers appropriate to carry out the purposes of sections 339 4111.01 to 4111.174111.14 of the Revised Code. The rules may be 340 amended from time to time and may include, but are not limited to, 341 rules defining and governing apprentices, their number, 342 proportion, and length of service; bonuses and special pay for 343 special or extra work; permitted deductions or charges to 344 employees for board, lodging, apparel, or other facilities or 345 services customarily furnished by employers to employees; 346 inclusion of ascertainable gratuities in wages paid; allowances 347 for unascertainable gratuities or for other special conditions or 348 circumstances which may be usual in particular employer-employee 349 relationships; and the method of computation or the period of time 350 over which wages may be averaged to determine whether the minimum 351 wage or overtime rate has been paid.352 Sec. 4111.06. In order to prevent curtailment of 353 opportunities for employment, to avoid undue hardship, and to 354 safeguard the minimum wage rates under sections 4111.01 to 4111.17355 4111.14 of the Revised Code, the director of commerce shall adopt 356 rules under section 4111.05 of the Revised Code, permitting 357 employment in any occupation at wages lower than the wage rates 358 applicable under sections 4111.01 to 4111.174111.14 of the 359 Revised Code, of individuals whose earning capacity is impaired by 360 physical or mental deficiencies or injuries. The rules shall 361 provide for licenses to be issued authorizing employment at the 362 wages of specific individuals or groups of employees, or by 363 specific employers or groups of employers, pursuant to the rules. 364 The rules shall not conflict with the "Americans with Disabilities 365 Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.366 Sec. 4111.07. The director of commerce may adopt rules under 367 section 4111.05 of the Revised Code, permitting employment of 368 apprentices at a wage rate not less than eighty-five per cent of 369 the minimum wage rate applicable under sections 4111.01 to 4111.17370 4111.14 of the Revised Code. The rules shall provide for licenses 371 to be issued for periods not to exceed ninety days and authorizing 372 employment at the wages of specific individuals or groups of 373 employees, or by specific employers or groups of employers, 374 pursuant to the rules.375 Sec. 4111.09. Every employer subject to sections 4111.01 to376 4111.174111.14 and 4112.16 of the Revised Code, or to any rules 377 issued thereunder, shall keep a summary of the sections, approved 378 by the director of commerce, and copies of any applicable rules 379 issued thereunder, or a summary of the rules, posted in a 380 conspicuous and accessible place in or about the premises wherein 381 any person subject thereto is employed. The director of commerce 382 shall make the summary described in this section available on the 383 web site of the department of commerce. The director shall update 384 this summary as necessary, but not less than annually, in order to 385 reflect changes in the minimum wage rate as required under Section 386 34a of Article II, Ohio Constitution. Employees and employers 387 shall be furnished copies of the summaries and rules by the state, 388 on request, without charge.389 Sec. 4111.11. Any standards relating to minimum wages, 390 overtime compensation, or other working conditions in effect under 391 any other law of this state on the effective date of sections 392 4111.01 to 4111.174111.14 of the Revised Code, which are more 393 favorable to employees than those applicable to employees under 394 sections or regulations issued hereunder, are not amended, 395 rescinded, or otherwise affected by said sections, but continue in 396 full force and effect, and may be enforced as provided by law 397 until they are specifically superseded by standards more favorable 398 to the employees by operation of or in accordance with regulations 399 issued under said sections.400 Sec. 4111.12. Nothing in sections 4111.01 to 4111.174111.14401 of the Revised Code interferes with, impedes, or in any way 402 diminishes the right of employees to bargain collectively with 403 their employers through representatives of their own choosing in 404 order to establish wages or other conditions of work in excess of 405 the applicable minimum under sections 4111.01 to 4111.174111.14406 of the Revised Code.407 Sec. 4111.13. (A) No employer shall hinder or delay the 408 director of commerce in the performance of the director's duties 409 in the enforcement of sections 4111.01 to 4111.174111.14 of the 410 Revised Code, or refuse to admit the director to any place of 411 employment, or fail to make, keep, and preserve any records as 412 required under those sections, or falsify any of those records, or 413 refuse to make them accessible to the director upon demand, or 414 refuse to furnish them or any other information required for the 415 proper enforcement of those sections to the director upon demand, 416 or fail to post a summary of those sections or a copy of any 417 applicable rules as required by section 4111.09 of the Revised 418 Code. Each day of violation constitutes a separate offense.419 (B) No employer shall discharge or in any other manner 420 discriminate against any employee because the employee has made 421 any complaint to the employee's employer, or to the director, that 422 the employee has not been paid wages in accordance with sections 423 4111.01 to 4111.174111.14 of the Revised Code, or because the 424 employee has made any complaint or is about to cause to be 425 instituted any proceeding under or related to those sections, or 426 because the employee has testified or is about to testify in any 427 proceeding.428 (C) No employer shall pay or agree to pay wages at a rate 429 less than the rate applicable under sections 4111.01 to 4111.17430 4111.14 of the Revised Code. Each week or portion thereof for 431 which the employer pays any employee less than the rate applicable 432 under those sections constitutes a separate offense as to each 433 employer.434 (D) No employer shall otherwise violate sections 4111.01 to435 4111.174111.14 of the Revised Code, or any rule adopted 436 thereunder. Each day of violation constitutes a separate offense.437 Sec. 4111.99. (A) Whoever violates division (A) or (D) of 438 section 4111.13 of the Revised Code is guilty of a misdemeanor of 439 the fourth degree.440 (B) Whoever violates division (B) or (C) of section 4111.13 441 of the Revised Code is guilty of a misdemeanor of the third 442 degree.443 (C) Whoever violates section 4111.17 of the Revised Code is 444 guilty of a minor misdemeanor.445 Sec. 4112.01. (A) As used in this chapter:446 (1) "Person" includes one or more individuals, partnerships, 447 associations, organizations, corporations, legal representatives, 448 trustees, trustees in bankruptcy, receivers, and other organized 449 groups of persons. "Person" also includes, but is not limited to, 450 any owner, lessor, assignor, builder, manager, broker, 451 salesperson, appraiser, agent, employee, lending institution, and 452 the state and all political subdivisions, authorities, agencies, 453 boards, and commissions of the state.454 (2) "Employer" includes the state, any political subdivision 455 of the state, any person employing four or more persons within the 456 state, and any person acting directly or indirectly in the 457 interest of an employer.458 (3) "Employee" means an individual employed by any employer 459 but does not include any individual employed in the domestic 460 service of any person.461 (4) "Labor organization" includes any organization that 462 exists, in whole or in part, for the purpose of collective 463 bargaining or of dealing with employers concerning grievances, 464 terms or conditions of employment, or other mutual aid or 465 protection in relation to employment.466 (5) "Employment agency" includes any person regularly 467 undertaking, with or without compensation, to procure 468 opportunities to work or to procure, recruit, refer, or place 469 employees.470 (6) "Commission" means the Ohio civil rights commission 471 created by section 4112.03 of the Revised Code.472 (7) "Discriminate" includes segregate or separate.473 (8) "Unlawful discriminatory practice" means any act 474 prohibited by section 4112.02, 4112.021, or 4112.022 of the 475 Revised Code.476 (9) "Place of public accommodation" means any inn, 477 restaurant, eating house, barbershop, public conveyance by air, 478 land, or water, theater, store, other place for the sale of 479 merchandise, or any other place of public accommodation or 480 amusement of which the accommodations, advantages, facilities, or 481 privileges are available to the public.482 (10) "Housing accommodations" includes any building or 483 structure, or portion of a building or structure, that is used or 484 occupied or is intended, arranged, or designed to be used or 485 occupied as the home residence, dwelling, dwelling unit, or 486 sleeping place of one or more individuals, groups, or families 487 whether or not living independently of each other; and any vacant 488 land offered for sale or lease. "Housing accommodations" also 489 includes any housing accommodations held or offered for sale or 490 rent by a real estate broker, salesperson, or agent, by any other 491 person pursuant to authorization of the owner, by the owner, or by 492 the owner's legal representative.493 (11) "Restrictive covenant" means any specification limiting 494 the transfer, rental, lease, or other use of any housing 495 accommodations because of race, color, religion, sex, military 496 status, familial status, national origin, disability, or ancestry, 497 or any limitation based upon affiliation with or approval by any 498 person, directly or indirectly, employing race, color, religion, 499 sex, military status, familial status, national origin, 500 disability, or ancestry as a condition of affiliation or approval.501 (12) "Burial lot" means any lot for the burial of deceased 502 persons within any public burial ground or cemetery, including, 503 but not limited to, cemeteries owned and operated by municipal 504 corporations, townships, or companies or associations incorporated 505 for cemetery purposes.506 (13) "Disability" means a physical or mental impairment that 507 substantially limits one or more major life activities, including 508 the functions of caring for one's self, performing manual tasks, 509 walking, seeing, hearing, speaking, breathing, learning, and 510 working; a record of a physical or mental impairment; or being 511 regarded as having a physical or mental impairment.512 (14) Except as otherwise provided in section 4112.021 of the 513 Revised Code, "age" means at least forty years old.514 (15) "Familial status" means either of the following:515 (a) One or more individuals who are under eighteen years of 516 age and who are domiciled with a parent or guardian having legal 517 custody of the individual or domiciled, with the written 518 permission of the parent or guardian having legal custody, with a 519 designee of the parent or guardian;520 (b) Any person who is pregnant or in the process of securing 521 legal custody of any individual who is under eighteen years of 522 age.523 (16)(a) Except as provided in division (A)(16)(b) of this 524 section, "physical or mental impairment" includes any of the 525 following:526 (i) Any physiological disorder or condition, cosmetic 527 disfigurement, or anatomical loss affecting one or more of the 528 following body systems: neurological; musculoskeletal; special 529 sense organs; respiratory, including speech organs; 530 cardiovascular; reproductive; digestive; genito-urinary; hemic and 531 lymphatic; skin; and endocrine;532 (ii) Any mental or psychological disorder, including, but not 533 limited to, mental retardation, organic brain syndrome, emotional 534 or mental illness, and specific learning disabilities;535 (iii) Diseases and conditions, including, but not limited to, 536 orthopedic, visual, speech, and hearing impairments, cerebral 537 palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 538 cancer, heart disease, diabetes, human immunodeficiency virus 539 infection, mental retardation, emotional illness, drug addiction, 540 and alcoholism.541 (b) "Physical or mental impairment" does not include any of 542 the following:543 (i) Homosexuality and bisexuality;544 (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 545 voyeurism, gender identity disorders not resulting from physical 546 impairments, or other sexual behavior disorders;547 (iii) Compulsive gambling, kleptomania, or pyromania;548 (iv) Psychoactive substance use disorders resulting from the 549 current illegal use of a controlled substance or the current use 550 of alcoholic beverages.551 (17) "Dwelling unit" means a single unit of residence for a 552 family of one or more persons.553 (18) "Common use areas" means rooms, spaces, or elements 554 inside or outside a building that are made available for the use 555 of residents of the building or their guests, and includes, but is 556 not limited to, hallways, lounges, lobbies, laundry rooms, refuse 557 rooms, mail rooms, recreational areas, and passageways among and 558 between buildings.559 (19) "Public use areas" means interior or exterior rooms or 560 spaces of a privately or publicly owned building that are made 561 available to the general public.562 (20) "Controlled substance" has the same meaning as in 563 section 3719.01 of the Revised Code.564 (21) "Disabled tenant" means a tenant or prospective tenant 565 who is a person with a disability.566 (22) "Military status" means a person's status in "service in 567 the uniformed services" as defined in section 5923.05 of the 568 Revised Code.569 (23) "Aggrieved person" includes both of the following:570 (a) Any person who claims to have been injured by any 571 unlawful discriminatory practice described in division (H) of 572 section 4112.02 of the Revised Code;573 (b) Any person who believes that the person will be injured 574 by, any unlawful discriminatory practice described in division (H) 575 of section 4112.02 of the Revised Code that is about to occur.576 (B) For the purposes of divisions (A) to (F) of section 577 4112.02 of the Revised Code, the terms "because of sex" and "on 578 the basis of sex" include, but are not limited to, because of or 579 on the basis of pregnancy, any illness arising out of and 580 occurring during the course of a pregnancy, childbirth, or related 581 medical conditions. Women affected by pregnancy, childbirth, or 582 related medical conditions shall be treated the same for all 583 employment-related purposes, including receipt of benefits under 584 fringe benefit programs, as other persons not so affected but 585 similar in their ability or inability to work, and nothing in 586 division (B) of section 4111.174112.16 of the Revised Code shall 587 be interpreted to permit otherwise. This division shall not be 588 construed to require an employer to pay for health insurance 589 benefits for abortion, except where the life of the mother would 590 be endangered if the fetus were carried to term or except where 591 medical complications have arisen from the abortion, provided that 592 nothing in this division precludes an employer from providing 593 abortion benefits or otherwise affects bargaining agreements in 594 regard to abortion.595 Sec. 4111.17. Sec. 4112.16. (A) No employer, including the state 596 and political subdivisions thereof, shall discriminate in the 597 payment of wages on the basis of race, color, religion, sex, age, 598 national origin, sexual orientation, gender identity, or ancestry 599 by paying wages to any employee at a rate less than the rate at 600 which the employer pays wages to another employee for equal work 601 on jobs the performance of which requires equal skill, effort, and 602 responsibility, and which are performed under similar conditions.603 (B) Nothing in this section prohibits an employer from paying 604 wages to one employee at a rate different from that at which the 605 employer pays another employee for the performance of equal work 606 under similar conditions on jobs requiring equal skill, effort, 607 and responsibility, when the payment is made pursuant to any of 608 the following:609 (1) A seniority system;610 (2) A merit system;611 (3) A system which measures earnings by the quantity or 612 quality of production;613 (4) A wage rate differential determined by any bona fide614 factor other than race, color, religion, sex, age, national 615 origin, or ancestry, such as education, training, or experience 616 that meets the criteria described in division (C) of this section.617 (C)(1) An employer may defend a wage rate differential made 618 under division (B)(4) of this section only if the employer can 619 demonstrate all of the following:620 (a) The difference is based on a factor substantially related 621 to the employee's position and performance, such as education, 622 training, or experience.623 (b) The difference is not related to the employee's race, 624 color, religion, sex, age, national origin, sexual orientation, 625 gender identity, or ancestry. 626 (c) The difference is consistent with business necessity. 627 (2) The defense described in division (C)(1) of this section 628 shall be rebutted if an employee making an allegation of wage 629 discrimination or the commission demonstrates both of the 630 following:631 (a) An alternative employment practice exists that would 632 serve the same business purpose without producing the wage rate 633 differential; 634 (b) The employer has refused to adopt the alternative 635 practice. 636 (D) No employer shall reduce the wage rate of any employee in 637 order to comply with this section.638 (D)(E) The director of commercecommission shall carry out, 639 administer, and enforce this section. Any employee discriminated 640 against in violation of this section may sue in any court of 641 competent jurisdiction to recover two times the amount of the 642 difference between the wages actually received and the wages 643 received by a person performing equal work for the employer, from 644 the date of the commencement of the violation, and for costs, 645 including attorney fees. Notwithstanding the definitions of "tort 646 action" in sections 2315.18 to 2315.21 of the Revised Code, such 647 an action shall be considered a tort action for the purposes of 648 those sections and shall be subject to sections 2315.18 to 2315.21 649 of the Revised Code, except to the extent those sections conflict 650 with this section. The directorcommission may take an assignment 651 of any such wage claim in trust for such employee and sue in the 652 employee's behalf. In any civil action under this section, two or 653 more employees of the same employer may join as co-plaintiffs in 654 one action. The directorcommission may sue in one action for 655 claims assigned to the directorcommission by two or more 656 employees of the same employer. No agreement to work for a 657 discriminatory wage constitutes a defense for any civil or 658 criminal action to enforce this section. No employer shall 659 discriminate against any employee because such employee makes a 660 complaint or institutes, or testifies in, any proceeding under 661 this section.662 (E)(F) Any action arising under this section shall be 663 initiated within one year after the date of violation.664 (G)(1) No employer shall discriminate against any employee 665 because the employee makes a complaint, or institutes or testifies 666 in any proceeding, under this section. 667 (2) No employer shall discriminate against an employee for 668 inquiring about, discussing, or disclosing the wages of the 669 employee or another employee in response to a complaint or charge, 670 or in furtherance of a discrimination investigation, proceeding, 671 hearing, or action, or an investigation conducted by the employer. 672 (3) Any person discriminated against in violation of division 673 (G)(1) or (G)(2) of this section may sue in any court of competent 674 jurisdiction to recover damages, injunctive relief, or any other 675 appropriate relief. 676 (H) In addition to any other award made under this section, 677 the court or jury may award punitive or exemplary damages in 678 accordance with section 2315.21 of the Revised Code in an amount 679 sufficient to deter future violations.680 (I) As used in this section:681 (1) "Sexual orientation" means heterosexuality, 682 homosexuality, or bisexuality, whether actual or perceived.683 (2) "Gender identity" means an individual's self-perception, 684 or perception of that person by another, of the individual's 685 identity as male or female as realized through the person's 686 appearance, behavior, or physical characteristics, regardless of 687 whether such appearance, behavior, or physical characteristics are 688 in accord with or opposed to the person's physical anatomy, 689 chromosomal sex, or sex at birth.690 Section 2. That existing sections 3314.03, 3326.11, 4111.04, 691 4111.05, 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 692 4111.17, 4111.99, and 4112.01 of the Revised Code are hereby 693 repealed.694 Section 3. The General Assembly, in enacting this 695 legislation, hereby declares its intent to ensure equal pay for 696 women in Ohio and to correct the historical wage disparity that 697 has occurred between the sexes. 698 Section 4. This act shall be known as the "Fair and 699 Acceptable Income Required (FAIR) Act."700