Text of OH SB 92 (2013)

As Introduced 130th General Assembly Regular Session 2013-2014 S. B. No. 92 Senators Turner, Tavares Cosponsor: Senator Brown 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 and to 3 amend, for the purpose of adopting a new section 4 number as indicated in parentheses, section 5 4111.17 (4112.16) of the Revised Code to enact the 6 "Fair and Acceptable Income Required (FAIR) Act" 7 and to revise the enforcement of the prohibitions 8 against 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. The department of education shall make available on 17 its web site a copy of every approved, executed contract filed 18 with the superintendent under this section.19 (A) Each contract entered into between a sponsor and the 20 governing authority of a community school shall specify the 21 following:22 (1) That the school shall be established as either of the 23 following:24 (a) A nonprofit corporation established under Chapter 1702. 25 of the Revised Code, if established prior to April 8, 2003;26 (b) A public benefit corporation established under Chapter 27 1702. of the Revised Code, if established after April 8, 2003.28 (2) The education program of the school, including the 29 school's mission, the characteristics of the students the school 30 is expected to attract, the ages and grades of students, and the 31 focus of the curriculum;32 (3) The academic goals to be achieved and the method of 33 measurement that will be used to determine progress toward those 34 goals, which shall include the statewide achievement assessments;35 (4) Performance standards by which the success of the school 36 will be evaluated by the sponsor;37 (5) The admission standards of section 3314.06 of the Revised 38 Code and, if applicable, section 3314.061 of the Revised Code;39 (6)(a) Dismissal procedures;40 (b) A requirement that the governing authority adopt an 41 attendance policy that includes a procedure for automatically 42 withdrawing a student from the school if the student without a 43 legitimate excuse fails to participate in one hundred five 44 consecutive hours of the learning opportunities offered to the 45 student.46 (7) The ways by which the school will achieve racial and 47 ethnic balance reflective of the community it serves;48 (8) Requirements for financial audits by the auditor of 49 state. The contract shall require financial records of the school 50 to be maintained in the same manner as are financial records of 51 school districts, pursuant to rules of the auditor of state. 52 Audits shall be conducted in accordance with section 117.10 of the 53 Revised Code.54 (9) The facilities to be used and their locations;55 (10) Qualifications of teachers, including the following:56 (a) A requirement that the school's classroom teachers be 57 licensed in accordance with sections 3319.22 to 3319.31 of the 58 Revised Code, except that a community school may engage 59 noncertificated persons to teach up to twelve hours per week 60 pursuant to section 3319.301 of the Revised Code;61 (b) A requirement that each classroom teacher initially hired 62 by the school on or after July 1, 2013, and employed to provide 63 instruction in physical education hold a valid license issued 64 pursuant to section 3319.22 of the Revised Code for teaching 65 physical education.66 (11) That the school will comply with the following 67 requirements:68 (a) The school will provide learning opportunities to a 69 minimum of twenty-five students for a minimum of nine hundred 70 twenty hours per school year.71 (b) The governing authority will purchase liability 72 insurance, or otherwise provide for the potential liability of the 73 school.74 (c) The school will be nonsectarian in its programs, 75 admission policies, employment practices, and all other 76 operations, and will not be operated by a sectarian school or 77 religious institution.78 (d) The school will comply with sections 9.90, 9.91, 109.65, 79 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 80 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, 81 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 82 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 83 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 84 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 85 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 86 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 87 3321.19, 3321.191, 3327.10, 4111.174112.16, 4113.52, and 5705.391 88 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 89 4141., and 4167. of the Revised Code as if it were a school 90 district and will comply with section 3301.0714 of the Revised 91 Code in the manner specified in section 3314.17 of the Revised 92 Code.93 (e) The school shall comply with Chapter 102. and section 94 2921.42 of the Revised Code.95 (f) The school will comply with sections 3313.61, 3313.611, 96 and 3313.614 of the Revised Code, except that for students who 97 enter ninth grade for the first time before July 1, 2010, the 98 requirement in sections 3313.61 and 3313.611 of the Revised Code 99 that a person must successfully complete the curriculum in any 100 high school prior to receiving a high school diploma may be met by 101 completing the curriculum adopted by the governing authority of 102 the community school rather than the curriculum specified in Title 103 XXXIII of the Revised Code or any rules of the state board of 104 education. Beginning with students who enter ninth grade for the 105 first time on or after July 1, 2010, the requirement in sections 106 3313.61 and 3313.611 of the Revised Code that a person must 107 successfully complete the curriculum of a high school prior to 108 receiving a high school diploma shall be met by completing the 109 Ohio core curriculum prescribed in division (C) of section 110 3313.603 of the Revised Code, unless the person qualifies under 111 division (D) or (F) of that section. Each school shall comply with 112 the plan for awarding high school credit based on demonstration of 113 subject area competency, adopted by the state board of education 114 under division (J) of section 3313.603 of the Revised Code.115 (g) The school governing authority will submit within four 116 months after the end of each school year a report of its 117 activities and progress in meeting the goals and standards of 118 divisions (A)(3) and (4) of this section and its financial status 119 to the sponsor and the parents of all students enrolled in the 120 school.121 (h) The school, unless it is an internet- or computer-based 122 community school, will comply with section 3313.801 of the Revised 123 Code as if it were a school district.124 (i) If the school is the recipient of moneys from a grant 125 awarded under the federal race to the top program, Division (A), 126 Title XIV, Sections 14005 and 14006 of the "American Recovery and 127 Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 128 school will pay teachers based upon performance in accordance with 129 section 3317.141 and will comply with section 3319.111 of the 130 Revised Code as if it were a school district.131 (12) Arrangements for providing health and other benefits to 132 employees;133 (13) The length of the contract, which shall begin at the 134 beginning of an academic year. No contract shall exceed five years 135 unless such contract has been renewed pursuant to division (E) of 136 this section.137 (14) The governing authority of the school, which shall be 138 responsible for carrying out the provisions of the contract;139 (15) A financial plan detailing an estimated school budget 140 for each year of the period of the contract and specifying the 141 total estimated per pupil expenditure amount for each such year. 142 The plan shall specify for each year the base formula amount that 143 will be used for purposes of funding calculations under section 144 3314.08 of the Revised Code. This base formula amount for any year 145 shall not exceed the formula amount defined under section 3317.02 146 of the Revised Code. The plan may also specify for any year a 147 percentage figure to be used for reducing the per pupil amount of 148 the subsidy calculated pursuant to section 3317.029 of the Revised 149 Code the school is to receive that year under section 3314.08 of 150 the Revised Code.151 (16) Requirements and procedures regarding the disposition of 152 employees of the school in the event the contract is terminated or 153 not renewed pursuant to section 3314.07 of the Revised Code;154 (17) Whether the school is to be created by converting all or 155 part of an existing public school or educational service center 156 building or is to be a new start-up school, and if it is a 157 converted public school or service center building, specification 158 of any duties or responsibilities of an employer that the board of 159 education or service center governing board that operated the 160 school or building before conversion is delegating to the 161 governing authority of the community school with respect to all or 162 any specified group of employees provided the delegation is not 163 prohibited by a collective bargaining agreement applicable to such 164 employees;165 (18) Provisions establishing procedures for resolving 166 disputes or differences of opinion between the sponsor and the 167 governing authority of the community school;168 (19) A provision requiring the governing authority to adopt a 169 policy regarding the admission of students who reside outside the 170 district in which the school is located. That policy shall comply 171 with the admissions procedures specified in sections 3314.06 and 172 3314.061 of the Revised Code and, at the sole discretion of the 173 authority, shall do one of the following:174 (a) Prohibit the enrollment of students who reside outside 175 the district in which the school is located;176 (b) Permit the enrollment of students who reside in districts 177 adjacent to the district in which the school is located;178 (c) Permit the enrollment of students who reside in any other 179 district in the state.180 (20) A provision recognizing the authority of the department 181 of education to take over the sponsorship of the school in 182 accordance with the provisions of division (C) of section 3314.015 183 of the Revised Code;184 (21) A provision recognizing the sponsor's authority to 185 assume the operation of a school under the conditions specified in 186 division (B) of section 3314.073 of the Revised Code;187 (22) A provision recognizing both of the following:188 (a) The authority of public health and safety officials to 189 inspect the facilities of the school and to order the facilities 190 closed if those officials find that the facilities are not in 191 compliance with health and safety laws and regulations;192 (b) The authority of the department of education as the 193 community school oversight body to suspend the operation of the 194 school under section 3314.072 of the Revised Code if the 195 department has evidence of conditions or violations of law at the 196 school that pose an imminent danger to the health and safety of 197 the school's students and employees and the sponsor refuses to 198 take such action.199 (23) A description of the learning opportunities that will be 200 offered to students including both classroom-based and 201 non-classroom-based learning opportunities that is in compliance 202 with criteria for student participation established by the 203 department under division (L)(2) of section 3314.08 of the Revised 204 Code;205 (24) The school will comply with sections 3302.04 and 206 3302.041 of the Revised Code, except that any action required to 207 be taken by a school district pursuant to those sections shall be 208 taken by the sponsor of the school. However, the sponsor shall not 209 be required to take any action described in division (F) of 210 section 3302.04 of the Revised Code.211 (25) Beginning in the 2006-2007 school year, the school will 212 open for operation not later than the thirtieth day of September 213 each school year, unless the mission of the school as specified 214 under division (A)(2) of this section is solely to serve dropouts. 215 In its initial year of operation, if the school fails to open by 216 the thirtieth day of September, or within one year after the 217 adoption of the contract pursuant to division (D) of section 218 3314.02 of the Revised Code if the mission of the school is solely 219 to serve dropouts, the contract shall be void.220 (B) The community school shall also submit to the sponsor a 221 comprehensive plan for the school. The plan shall specify the 222 following:223 (1) The process by which the governing authority of the 224 school will be selected in the future;225 (2) The management and administration of the school;226 (3) If the community school is a currently existing public 227 school or educational service center building, alternative 228 arrangements for current public school students who choose not to 229 attend the converted school and for teachers who choose not to 230 teach in the school or building after conversion;231 (4) The instructional program and educational philosophy of 232 the school;233 (5) Internal financial controls.234 (C) A contract entered into under section 3314.02 of the 235 Revised Code between a sponsor and the governing authority of a 236 community school may provide for the community school governing 237 authority to make payments to the sponsor, which is hereby 238 authorized to receive such payments as set forth in the contract 239 between the governing authority and the sponsor. The total amount 240 of such payments for oversight and monitoring of the school shall 241 not exceed three per cent of the total amount of payments for 242 operating expenses that the school receives from the state.243 (D) The contract shall specify the duties of the sponsor 244 which shall be in accordance with the written agreement entered 245 into with the department of education under division (B) of 246 section 3314.015 of the Revised Code and shall include the 247 following:248 (1) Monitor the community school's compliance with all laws 249 applicable to the school and with the terms of the contract;250 (2) Monitor and evaluate the academic and fiscal performance 251 and the organization and operation of the community school on at 252 least an annual basis;253 (3) Report on an annual basis the results of the evaluation 254 conducted under division (D)(2) of this section to the department 255 of education and to the parents of students enrolled in the 256 community school;257 (4) Provide technical assistance to the community school in 258 complying with laws applicable to the school and terms of the 259 contract;260 (5) Take steps to intervene in the school's operation to 261 correct problems in the school's overall performance, declare the 262 school to be on probationary status pursuant to section 3314.073 263 of the Revised Code, suspend the operation of the school pursuant 264 to section 3314.072 of the Revised Code, or terminate the contract 265 of the school pursuant to section 3314.07 of the Revised Code as 266 determined necessary by the sponsor;267 (6) Have in place a plan of action to be undertaken in the 268 event the community school experiences financial difficulties or 269 closes prior to the end of a school year.270 (E) Upon the expiration of a contract entered into under this 271 section, the sponsor of a community school may, with the approval 272 of the governing authority of the school, renew that contract for 273 a period of time determined by the sponsor, but not ending earlier 274 than the end of any school year, if the sponsor finds that the 275 school's compliance with applicable laws and terms of the contract 276 and the school's progress in meeting the academic goals prescribed 277 in the contract have been satisfactory. Any contract that is 278 renewed under this division remains subject to the provisions of 279 sections 3314.07, 3314.072, and 3314.073 of the Revised Code.280 (F) If a community school fails to open for operation within 281 one year after the contract entered into under this section is 282 adopted pursuant to division (D) of section 3314.02 of the Revised 283 Code or permanently closes prior to the expiration of the 284 contract, the contract shall be void and the school shall not 285 enter into a contract with any other sponsor. A school shall not 286 be considered permanently closed because the operations of the 287 school have been suspended pursuant to section 3314.072 of the 288 Revised Code. 289 Sec. 3326.11. Each science, technology, engineering, and 290 mathematics school established under this chapter and its 291 governing body shall comply with sections 9.90, 9.91, 109.65, 292 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 293 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 294 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 295 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, 296 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 297 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 298 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 299 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 300 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, 301 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 302 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 303 3321.191, 3327.10, 4111.174112.16, 4113.52, and 5705.391 and 304 Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 305 4112., 4123., 4141., and 4167. of the Revised Code as if it were a 306 school district.307 Sec. 4111.04. The director of commerce may:308 (A) Investigate and ascertain the wages of persons employed 309 in any occupation in the state;310 (B) Enter and inspect the place of business or employment of 311 any employer for the purpose of inspecting any books, registers, 312 payrolls, or other records of the employer that in any way relate 313 to the question of wages, hours, and other conditions of 314 employment of any employees, and may question the employees for 315 the purpose of ascertaining whether sections 4111.01 to 4111.17316 4111.14 and 4112.16 of the Revised Code, and the rules adopted 317 thereunder, have been and are being obeyed. In conducting an 318 inspection of the records of an employer, the director shall make 319 every effort to coordinate the inspection with those conducted by 320 the federal agency responsible for enforcement of the "Fair Labor 321 Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as 322 amended. If the federal agency has completed an audit or 323 examination of the employer's records within the sixty days prior 324 to the date the director notifies the employer of the director's 325 intent to examine the employer's records, the director shall 326 accept in lieu of the director's own inspection, a report from the 327 federal agency that the employer is in compliance with the federal 328 act, unless the director has reasonable grounds for believing that 329 the report is inaccurate or incomplete for the purposes of 330 sections 4111.01 to 4111.13 of the Revised Code, or that events 331 occurring since the audit give the director reasonable grounds for 332 believing that a violation of sections 4111.01 to 4111.13 of the 333 Revised Code has occurred.334 (C) In the event the director is prohibited by any employer 335 from carrying out the intent of this section, the director may 336 issue subpoenas and compel attendance of witnesses and production 337 of papers, books, accounts, payrolls, documents, records, and 338 testimony relating and relevant to the director's investigation.339 Sec. 4111.05. The director of commerce shall adopt rules in 340 accordance with Chapter 119. of the Revised Code as the director 341 considers appropriate to carry out the purposes of sections 342 4111.01 to 4111.174111.14 of the Revised Code. The rules may be 343 amended from time to time and may include, but are not limited to, 344 rules defining and governing apprentices, their number, 345 proportion, and length of service; bonuses and special pay for 346 special or extra work; permitted deductions or charges to 347 employees for board, lodging, apparel, or other facilities or 348 services customarily furnished by employers to employees; 349 inclusion of ascertainable gratuities in wages paid; allowances 350 for unascertainable gratuities or for other special conditions or 351 circumstances which may be usual in particular employer-employee 352 relationships; and the method of computation or the period of time 353 over which wages may be averaged to determine whether the minimum 354 wage or overtime rate has been paid.355 Sec. 4111.06. In order to prevent curtailment of 356 opportunities for employment, to avoid undue hardship, and to 357 safeguard the minimum wage rates under sections 4111.01 to 4111.17358 4111.14 of the Revised Code, the director of commerce shall adopt 359 rules under section 4111.05 of the Revised Code, permitting 360 employment in any occupation at wages lower than the wage rates 361 applicable under sections 4111.01 to 4111.174111.14 of the 362 Revised Code, of individuals whose earning capacity is impaired by 363 physical or mental deficiencies or injuries. The rules shall 364 provide for licenses to be issued authorizing employment at the 365 wages of specific individuals or groups of employees, or by 366 specific employers or groups of employers, pursuant to the rules. 367 The rules shall not conflict with the "Americans with Disabilities 368 Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.369 Sec. 4111.07. The director of commerce may adopt rules under 370 section 4111.05 of the Revised Code, permitting employment of 371 apprentices at a wage rate not less than eighty-five per cent of 372 the minimum wage rate applicable under sections 4111.01 to 4111.17373 4111.14 of the Revised Code. The rules shall provide for licenses 374 to be issued for periods not to exceed ninety days and authorizing 375 employment at the wages of specific individuals or groups of 376 employees, or by specific employers or groups of employers, 377 pursuant to the rules.378 Sec. 4111.09. Every employer subject to sections 4111.01 to379 4111.174111.14 and 4112.16 of the Revised Code, or to any rules 380 issued thereunder, shall keep a summary of the sections, approved 381 by the director of commerce, and copies of any applicable rules 382 issued thereunder, or a summary of the rules, posted in a 383 conspicuous and accessible place in or about the premises wherein 384 any person subject thereto is employed. The director of commerce 385 shall make the summary described in this section available on the 386 web site of the department of commerce. The director shall update 387 this summary as necessary, but not less than annually, in order to 388 reflect changes in the minimum wage rate as required under Section 389 34a of Article II, Ohio Constitution. Employees and employers 390 shall be furnished copies of the summaries and rules by the state, 391 on request, without charge.392 Sec. 4111.11. Any standards relating to minimum wages, 393 overtime compensation, or other working conditions in effect under 394 any other law of this state on the effective date of sections 395 4111.01 to 4111.174111.14 of the Revised Code, which are more 396 favorable to employees than those applicable to employees under 397 sections or regulations issued hereunder, are not amended, 398 rescinded, or otherwise affected by said sections, but continue in 399 full force and effect, and may be enforced as provided by law 400 until they are specifically superseded by standards more favorable 401 to the employees by operation of or in accordance with regulations 402 issued under said sections.403 Sec. 4111.12. Nothing in sections 4111.01 to 4111.174111.14404 of the Revised Code interferes with, impedes, or in any way 405 diminishes the right of employees to bargain collectively with 406 their employers through representatives of their own choosing in 407 order to establish wages or other conditions of work in excess of 408 the applicable minimum under sections 4111.01 to 4111.174111.14409 of the Revised Code.410 Sec. 4111.13. (A) No employer shall hinder or delay the 411 director of commerce in the performance of the director's duties 412 in the enforcement of sections 4111.01 to 4111.174111.14 of the 413 Revised Code, or refuse to admit the director to any place of 414 employment, or fail to make, keep, and preserve any records as 415 required under those sections, or falsify any of those records, or 416 refuse to make them accessible to the director upon demand, or 417 refuse to furnish them or any other information required for the 418 proper enforcement of those sections to the director upon demand, 419 or fail to post a summary of those sections or a copy of any 420 applicable rules as required by section 4111.09 of the Revised 421 Code. Each day of violation constitutes a separate offense.422 (B) No employer shall discharge or in any other manner 423 discriminate against any employee because the employee has made 424 any complaint to the employee's employer, or to the director, that 425 the employee has not been paid wages in accordance with sections 426 4111.01 to 4111.174111.14 of the Revised Code, or because the 427 employee has made any complaint or is about to cause to be 428 instituted any proceeding under or related to those sections, or 429 because the employee has testified or is about to testify in any 430 proceeding.431 (C) No employer shall pay or agree to pay wages at a rate 432 less than the rate applicable under sections 4111.01 to 4111.17433 4111.14 of the Revised Code. Each week or portion thereof for 434 which the employer pays any employee less than the rate applicable 435 under those sections constitutes a separate offense as to each 436 employer.437 (D) No employer shall otherwise violate sections 4111.01 to438 4111.174111.14 of the Revised Code, or any rule adopted 439 thereunder. Each day of violation constitutes a separate offense.440 Sec. 4111.99. (A) Whoever violates division (A) or (D) of 441 section 4111.13 of the Revised Code is guilty of a misdemeanor of 442 the fourth degree.443 (B) Whoever violates division (B) or (C) of section 4111.13 444 of the Revised Code is guilty of a misdemeanor of the third 445 degree.446 (C) Whoever violates section 4111.17 of the Revised Code is 447 guilty of a minor misdemeanor.448 Sec. 4112.01. (A) As used in this chapter:449 (1) "Person" includes one or more individuals, partnerships, 450 associations, organizations, corporations, legal representatives, 451 trustees, trustees in bankruptcy, receivers, and other organized 452 groups of persons. "Person" also includes, but is not limited to, 453 any owner, lessor, assignor, builder, manager, broker, 454 salesperson, appraiser, agent, employee, lending institution, and 455 the state and all political subdivisions, authorities, agencies, 456 boards, and commissions of the state.457 (2) "Employer" includes the state, any political subdivision 458 of the state, any person employing four or more persons within the 459 state, and any person acting directly or indirectly in the 460 interest of an employer.461 (3) "Employee" means an individual employed by any employer 462 but does not include any individual employed in the domestic 463 service of any person.464 (4) "Labor organization" includes any organization that 465 exists, in whole or in part, for the purpose of collective 466 bargaining or of dealing with employers concerning grievances, 467 terms or conditions of employment, or other mutual aid or 468 protection in relation to employment.469 (5) "Employment agency" includes any person regularly 470 undertaking, with or without compensation, to procure 471 opportunities to work or to procure, recruit, refer, or place 472 employees.473 (6) "Commission" means the Ohio civil rights commission 474 created by section 4112.03 of the Revised Code.475 (7) "Discriminate" includes segregate or separate.476 (8) "Unlawful discriminatory practice" means any act 477 prohibited by section 4112.02, 4112.021, or 4112.022 of the 478 Revised Code.479 (9) "Place of public accommodation" means any inn, 480 restaurant, eating house, barbershop, public conveyance by air, 481 land, or water, theater, store, other place for the sale of 482 merchandise, or any other place of public accommodation or 483 amusement of which the accommodations, advantages, facilities, or 484 privileges are available to the public.485 (10) "Housing accommodations" includes any building or 486 structure, or portion of a building or structure, that is used or 487 occupied or is intended, arranged, or designed to be used or 488 occupied as the home residence, dwelling, dwelling unit, or 489 sleeping place of one or more individuals, groups, or families 490 whether or not living independently of each other; and any vacant 491 land offered for sale or lease. "Housing accommodations" also 492 includes any housing accommodations held or offered for sale or 493 rent by a real estate broker, salesperson, or agent, by any other 494 person pursuant to authorization of the owner, by the owner, or by 495 the owner's legal representative.496 (11) "Restrictive covenant" means any specification limiting 497 the transfer, rental, lease, or other use of any housing 498 accommodations because of race, color, religion, sex, military 499 status, familial status, national origin, disability, or ancestry, 500 or any limitation based upon affiliation with or approval by any 501 person, directly or indirectly, employing race, color, religion, 502 sex, military status, familial status, national origin, 503 disability, or ancestry as a condition of affiliation or approval.504 (12) "Burial lot" means any lot for the burial of deceased 505 persons within any public burial ground or cemetery, including, 506 but not limited to, cemeteries owned and operated by municipal 507 corporations, townships, or companies or associations incorporated 508 for cemetery purposes.509 (13) "Disability" means a physical or mental impairment that 510 substantially limits one or more major life activities, including 511 the functions of caring for one's self, performing manual tasks, 512 walking, seeing, hearing, speaking, breathing, learning, and 513 working; a record of a physical or mental impairment; or being 514 regarded as having a physical or mental impairment.515 (14) Except as otherwise provided in section 4112.021 of the 516 Revised Code, "age" means at least forty years old.517 (15) "Familial status" means either of the following:518 (a) One or more individuals who are under eighteen years of 519 age and who are domiciled with a parent or guardian having legal 520 custody of the individual or domiciled, with the written 521 permission of the parent or guardian having legal custody, with a 522 designee of the parent or guardian;523 (b) Any person who is pregnant or in the process of securing 524 legal custody of any individual who is under eighteen years of 525 age.526 (16)(a) Except as provided in division (A)(16)(b) of this 527 section, "physical or mental impairment" includes any of the 528 following:529 (i) Any physiological disorder or condition, cosmetic 530 disfigurement, or anatomical loss affecting one or more of the 531 following body systems: neurological; musculoskeletal; special 532 sense organs; respiratory, including speech organs; 533 cardiovascular; reproductive; digestive; genito-urinary; hemic and 534 lymphatic; skin; and endocrine;535 (ii) Any mental or psychological disorder, including, but not 536 limited to, mental retardation, organic brain syndrome, emotional 537 or mental illness, and specific learning disabilities;538 (iii) Diseases and conditions, including, but not limited to, 539 orthopedic, visual, speech, and hearing impairments, cerebral 540 palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 541 cancer, heart disease, diabetes, human immunodeficiency virus 542 infection, mental retardation, emotional illness, drug addiction, 543 and alcoholism.544 (b) "Physical or mental impairment" does not include any of 545 the following:546 (i) Homosexuality and bisexuality;547 (ii) Transvestism, transsexualism, pedophilia, exhibitionism, 548 voyeurism, gender identity disorders not resulting from physical 549 impairments, or other sexual behavior disorders;550 (iii) Compulsive gambling, kleptomania, or pyromania;551 (iv) Psychoactive substance use disorders resulting from the 552 current illegal use of a controlled substance or the current use 553 of alcoholic beverages.554 (17) "Dwelling unit" means a single unit of residence for a 555 family of one or more persons.556 (18) "Common use areas" means rooms, spaces, or elements 557 inside or outside a building that are made available for the use 558 of residents of the building or their guests, and includes, but is 559 not limited to, hallways, lounges, lobbies, laundry rooms, refuse 560 rooms, mail rooms, recreational areas, and passageways among and 561 between buildings.562 (19) "Public use areas" means interior or exterior rooms or 563 spaces of a privately or publicly owned building that are made 564 available to the general public.565 (20) "Controlled substance" has the same meaning as in 566 section 3719.01 of the Revised Code.567 (21) "Disabled tenant" means a tenant or prospective tenant 568 who is a person with a disability.569 (22) "Military status" means a person's status in "service in 570 the uniformed services" as defined in section 5923.05 of the 571 Revised Code.572 (23) "Aggrieved person" includes both of the following:573 (a) Any person who claims to have been injured by any 574 unlawful discriminatory practice described in division (H) of 575 section 4112.02 of the Revised Code;576 (b) Any person who believes that the person will be injured 577 by, any unlawful discriminatory practice described in division (H) 578 of section 4112.02 of the Revised Code that is about to occur.579 (B) For the purposes of divisions (A) to (F) of section 580 4112.02 of the Revised Code, the terms "because of sex" and "on 581 the basis of sex" include, but are not limited to, because of or 582 on the basis of pregnancy, any illness arising out of and 583 occurring during the course of a pregnancy, childbirth, or related 584 medical conditions. Women affected by pregnancy, childbirth, or 585 related medical conditions shall be treated the same for all 586 employment-related purposes, including receipt of benefits under 587 fringe benefit programs, as other persons not so affected but 588 similar in their ability or inability to work, and nothing in 589 division (B) of section 4111.174112.16 of the Revised Code shall 590 be interpreted to permit otherwise. This division shall not be 591 construed to require an employer to pay for health insurance 592 benefits for abortion, except where the life of the mother would 593 be endangered if the fetus were carried to term or except where 594 medical complications have arisen from the abortion, provided that 595 nothing in this division precludes an employer from providing 596 abortion benefits or otherwise affects bargaining agreements in 597 regard to abortion.598 Sec. 4111.17. Sec. 4112.16. (A) No employer, including the state 599 and political subdivisions thereof, shall discriminate in the 600 payment of wages on the basis of race, color, religion, sex, age,601 national origin, orage, ancestry, sexual orientation, or gender 602 identity by paying wages to any employee at a rate less than the 603 rate at which the employer pays wages to another employee for 604 equal work on jobs the performance of which requires equal skill, 605 effort, and responsibility, and which are performed under similar 606 conditions.607 (B) Nothing in this section prohibits an employer from paying 608 wages to one employee at a rate different from that at which the 609 employer pays another employee for the performance of equal work 610 under similar conditions on jobs requiring equal skill, effort, 611 and responsibility, when the payment is made pursuant to any of 612 the following:613 (1) A seniority system;614 (2) A merit system;615 (3) A system which measures earnings by the quantity or 616 quality of production;617 (4) A wage rate differential determined by any bona fide618 factor other than race, color, religion, sex, age, national 619 origin, or ancestry, such as education, training, or experience 620 that meets the criteria described in division (C) of this section.621 (C)(1) An employer may defend a wage rate differential made 622 under division (B)(4) of this section only if the employer can 623 demonstrate all of the following:624 (a) The difference is based on a factor substantially related 625 to the employee's position and performance, such as education, 626 training, or experience.627 (b) The difference is not related to the employee's race, 628 color, religion, sex, national origin, age, ancestry, sexual 629 orientation, or gender identity.630 (c) The difference is consistent with business necessity. 631 (2) The defense described in division (C)(1) of this section 632 shall be rebutted if an employee making an allegation of wage 633 discrimination or the commission demonstrates both of the 634 following:635 (a) An alternative employment practice exists that would 636 serve the same business purpose without producing the wage rate 637 differential.638 (b) The employer has refused to adopt the alternative 639 practice. 640 (D) No employer shall reduce the wage rate of any employee in 641 order to comply with this section.642 (D)(E) The director of commercecommission shall carry out, 643 administer, and enforce this section. Any employee discriminated 644 against in violation of this section may sue in any court of 645 competent jurisdiction to recover two times the amount of the 646 difference between the wages actually received and the wages 647 received by a person performing equal work for the employer, from 648 the date of the commencement of the violation, and for costs, 649 including attorney fees. Notwithstanding the definitions of "tort 650 action" in sections 2315.18 to 2315.21 of the Revised Code, such 651 an action shall be considered a tort action for the purposes of 652 those sections and shall be subject to sections 2315.18 to 2315.21 653 of the Revised Code, except to the extent those sections conflict 654 with this section. The directorcommission may take an assignment 655 of any such wage claim in trust for such employee and sue in the 656 employee's behalf. In any civil action under this section, two or 657 more employees of the same employer may join as co-plaintiffs in 658 one action. The directorcommission may sue in one action for 659 claims assigned to the directorcommission by two or more 660 employees of the same employer. No agreement to work for a 661 discriminatory wage constitutes a defense for any civil or 662 criminal action to enforce this section. No employer shall 663 discriminate against any employee because such employee makes a 664 complaint or institutes, or testifies in, any proceeding under 665 this section.666 (E)(F) Any action arising under this section shall be 667 initiated within one year after the date of violation.668 (G)(1) No employer shall discriminate against any employee 669 because the employee makes a complaint, or institutes or testifies 670 in any proceeding, under this section. 671 (2) No employer shall discriminate against an employee for 672 inquiring about, discussing, or disclosing the wages of the 673 employee or another employee in response to a complaint or charge, 674 or in furtherance of a discrimination investigation, proceeding, 675 hearing, or action, or an investigation conducted by the employer. 676 (3) Any person discriminated against in violation of division 677 (G)(1) or (2) of this section may sue in any court of competent 678 jurisdiction to recover damages, injunctive relief, or any other 679 appropriate relief. 680 (H) In addition to any other award made under this section, 681 the court or jury may award punitive or exemplary damages in 682 accordance with section 2315.21 of the Revised Code in an amount 683 sufficient to deter future violations.684 (I) As used in this section:685 (1) "Sexual orientation" means heterosexuality, 686 homosexuality, or bisexuality, whether actual or perceived.687 (2) "Gender identity" means an individual's self-perception, 688 or perception of that person by another, of the individual's 689 identity as male or female as realized through the person's 690 appearance, behavior, or physical characteristics, regardless of 691 whether such appearance, behavior, or physical characteristics are 692 in accord with or opposed to the person's physical anatomy, 693 chromosomal sex, or sex at birth.694 Section 2. That existing sections 3314.03, 3326.11, 4111.04, 695 4111.05, 4111.06, 4111.07, 4111.09, 4111.11, 4111.12, 4111.13, 696 4111.17, 4111.99, and 4112.01 of the Revised Code are hereby 697 repealed.698 Section 3. The General Assembly, in enacting this 699 legislation, hereby declares its intent to ensure equal pay for 700 women in Ohio and to correct the historical wage disparity that 701 has occurred between the sexes. 702 Section 4. This act shall be known as the "Fair and 703 Acceptable Income Required (FAIR) Act."704