Bill Text: OH HB604 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To require health insurers to provide coverage for contraceptive drugs and devices approved by the United States Food and Drug Administration and to prohibit employment discrimination under the Ohio Civil Rights Law on the basis of reproductive health decisions made by a person or a person's dependent or on the basis of the employer's personal beliefs about drugs, devices, and services related to reproductive health.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2014-08-05 - To Health and Aging [HB604 Detail]
Download: Ohio-2013-HB604-Introduced.html
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Representative Clyde
Cosponsors:
Representatives Antonio, Ashford, Bishoff, Celebrezze, Fedor, Foley, Hagan, R., Heard, Phillips, Ramos, Redfern, Reece, Slesnick, Strahorn
| To amend section 4112.02 and to enact sections | 1 |
| 1751.68 and 3923.84 of the Revised Code to require | 2 |
| health insurers to provide coverage for | 3 |
| contraceptive drugs and devices approved by the | 4 |
| United States Food and Drug Administration and to | 5 |
| prohibit employment discrimination under the Ohio | 6 |
| Civil Rights Law on the basis of reproductive | 7 |
| health decisions made by a person or a person's | 8 |
| dependent or on the basis of the employer's | 9 |
| personal beliefs about drugs, devices, and | 10 |
| services related to reproductive health. | 11 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4112.02 be amended and sections | 12 |
| 1751.68 and 3923.84 of the Revised Code be enacted to read as | 13 |
| follows: | 14 |
| Sec. 1751.68. (A) Notwithstanding section 3901.71 of the | 15 |
| Revised Code, and except as provided in division (D) of this | 16 |
| section, each individual or group health insuring corporation | 17 |
| policy, contract, or agreement providing basic health care | 18 |
| services that is delivered, issued for delivery, or renewed in | 19 |
| this state that provides coverage for prescription drugs shall | 20 |
| provide coverage for both of the following: | 21 |
| (1) Prescription drugs or devices approved by the United | 22 |
| States food and drug administration for use as a contraceptive for | 23 |
| women; | 24 |
| (2) Consultations, examinations, procedures, and medical | 25 |
| services provided on an outpatient basis related to the use of a | 26 |
| contraceptive method for women. | 27 |
| (B) No insurer shall impose upon any enrollee receiving a | 28 |
| prescription contraceptive drug, device, or service enumerated in | 29 |
| divisions (B)(1) and (2) of this section a deductible, copayment, | 30 |
| coinsurance payment, or other fee for the drug, device, or | 31 |
| service. | 32 |
| (C)(1) As used in this division: | 33 |
| (a) "Religious employer" means an employer that is a | 34 |
| nonprofit, religious organization that is excepted from filing an | 35 |
| annual return pursuant to section 6033(a)(3)(A)(i) or (iii) of the | 36 |
| Internal Revenue Code of 1986, as amended. | 37 |
| (b) "Eligible organization" means an organization that | 38 |
| satisfies all of the requirements of 45 C.F.R. 147.131(b)(1) to | 39 |
| (3), as amended. | 40 |
| (2) This section shall not apply to an individual or group | 41 |
| health insuring corporation policy, contract, or agreement that is | 42 |
| delivered, issued for delivery, or renewed in this state if the | 43 |
| policy, contract, or agreement is obtained by an employer for the | 44 |
| employer's employees and either of the following applies: | 45 |
| (a) The employer is a religious employer. | 46 |
| (b) The employer is an eligible organization, if the employer | 47 |
| has self-certified with the secretary of the United States | 48 |
| department of health and human services as described under 45 | 49 |
| C.F.R. 147.131(b)(4), as amended. | 50 |
| (D) No corporation for profit formed under the laws of this | 51 |
| state or another state is exempt from this section. | 52 |
| Sec. 3923.84. (A) Notwithstanding section 3901.71 of the | 53 |
| Revised Code, and except as provided in division (D) of this | 54 |
| section, each individual or group policy of sickness and accident | 55 |
| insurance that is delivered, issued for delivery, or renewed in | 56 |
| this state and each public employee benefit plan that is | 57 |
| established or modified in this state shall provide coverage for | 58 |
| both of the following: | 59 |
| (1) Prescription drugs or devices approved by the United | 60 |
| States food and drug administration for use as a contraceptive for | 61 |
| women; | 62 |
| (2) Consultations, examinations, procedures, and medical | 63 |
| services provided on an outpatient basis related to the use of a | 64 |
| contraceptive method for women. | 65 |
| (B) No insurer shall impose upon any insured receiving a | 66 |
| prescription contraceptive drug, device, or service enumerated in | 67 |
| divisions (B)(1) and (2) of this section a deductible, copayment, | 68 |
| coinsurance payment, or other fee for the drug, device, or | 69 |
| service. | 70 |
| (C)(1) As used in this division: | 71 |
| (a) "Religious employer" means an employer that is a | 72 |
| nonprofit, religious organization that is excepted from filing an | 73 |
| annual return pursuant to section 6033(a)(3)(A)(i) or (iii) of the | 74 |
| Internal Revenue Code of 1986, as amended. | 75 |
| (b) "Eligible organization" means an organization that | 76 |
| satisfies all of the requirements of 45 C.F.R. 147.131(b)(1) to | 77 |
| (3), as amended. | 78 |
| (2) This section shall not apply to an individual or group | 79 |
| policy of sickness and accident insurance that is delivered, | 80 |
| issued for delivery, or renewed in this state if the policy is | 81 |
| obtained by an employer for the employer's employees and either of | 82 |
| the following applies: | 83 |
| (a) The employer is a religious employer. | 84 |
| (b) The employer is an eligible organization, if the employer | 85 |
| has self-certified with the secretary of the United States | 86 |
| department of health and human services as described under 45 | 87 |
| C.F.R. 147.131(b)(4), as amended. | 88 |
| (D) No corporation for profit formed under the laws of this | 89 |
| state or another state is exempt from this section. | 90 |
| Sec. 4112.02. It shall be an unlawful discriminatory | 91 |
| practice: | 92 |
| (A) For any employer, because of the race, color, religion, | 93 |
| sex, military status, national origin, disability, age, or | 94 |
|
ancestry of any person | 95 |
| decisions made by a person, including any decisions made by a | 96 |
| person or their dependent to use a particular drug, device, or | 97 |
| medical service; or because of the employer's personal beliefs | 98 |
| about any drugs, devices, or services related to reproductive | 99 |
| health or the insurance coverage of such drugs, services, or | 100 |
| devices to discharge without just cause, to refuse to hire, or | 101 |
| otherwise to discriminate against that person with respect to | 102 |
| hire, tenure, terms, conditions, or privileges of employment, or | 103 |
| any matter directly or indirectly related to employment. | 104 |
| (B) For an employment agency or personnel placement service, | 105 |
| because of race, color, religion, sex, military status, national | 106 |
| origin, disability, age, or ancestry, to do any of the following: | 107 |
| (1) Refuse or fail to accept, register, classify properly, or | 108 |
| refer for employment, or otherwise discriminate against any | 109 |
| person; | 110 |
| (2) Comply with a request from an employer for referral of | 111 |
| applicants for employment if the request directly or indirectly | 112 |
| indicates that the employer fails to comply with the provisions of | 113 |
| sections 4112.01 to 4112.07 of the Revised Code. | 114 |
| (C) For any labor organization to do any of the following: | 115 |
| (1) Limit or classify its membership on the basis of race, | 116 |
| color, religion, sex, military status, national origin, | 117 |
| disability, age, or ancestry; | 118 |
| (2) Discriminate against, limit the employment opportunities | 119 |
| of, or otherwise adversely affect the employment status, wages, | 120 |
| hours, or employment conditions of any person as an employee | 121 |
| because of race, color, religion, sex, military status, national | 122 |
| origin, disability, age, or ancestry. | 123 |
| (D) For any employer, labor organization, or joint | 124 |
| labor-management committee controlling apprentice training | 125 |
| programs to discriminate against any person because of race, | 126 |
| color, religion, sex, military status, national origin, | 127 |
| disability, or ancestry in admission to, or employment in, any | 128 |
| program established to provide apprentice training. | 129 |
| (E) Except where based on a bona fide occupational | 130 |
| qualification certified in advance by the commission, for any | 131 |
| employer, employment agency, personnel placement service, or labor | 132 |
| organization, prior to employment or admission to membership, to | 133 |
| do any of the following: | 134 |
| (1) Elicit or attempt to elicit any information concerning | 135 |
| the race, color, religion, sex, military status, national origin, | 136 |
| disability, age, or ancestry of an applicant for employment or | 137 |
| membership; | 138 |
| (2) Make or keep a record of the race, color, religion, sex, | 139 |
| military status, national origin, disability, age, or ancestry of | 140 |
| any applicant for employment or membership; | 141 |
| (3) Use any form of application for employment, or personnel | 142 |
| or membership blank, seeking to elicit information regarding race, | 143 |
| color, religion, sex, military status, national origin, | 144 |
| disability, age, or ancestry; but an employer holding a contract | 145 |
| containing a nondiscrimination clause with the government of the | 146 |
| United States, or any department or agency of that government, may | 147 |
| require an employee or applicant for employment to furnish | 148 |
| documentary proof of United States citizenship and may retain that | 149 |
| proof in the employer's personnel records and may use photographic | 150 |
| or fingerprint identification for security purposes; | 151 |
| (4) Print or publish or cause to be printed or published any | 152 |
| notice or advertisement relating to employment or membership | 153 |
| indicating any preference, limitation, specification, or | 154 |
| discrimination, based upon race, color, religion, sex, military | 155 |
| status, national origin, disability, age, or ancestry; | 156 |
| (5) Announce or follow a policy of denying or limiting, | 157 |
| through a quota system or otherwise, employment or membership | 158 |
| opportunities of any group because of the race, color, religion, | 159 |
| sex, military status, national origin, disability, age, or | 160 |
| ancestry of that group; | 161 |
| (6) Utilize in the recruitment or hiring of persons any | 162 |
| employment agency, personnel placement service, training school or | 163 |
| center, labor organization, or any other employee-referring source | 164 |
| known to discriminate against persons because of their race, | 165 |
| color, religion, sex, military status, national origin, | 166 |
| disability, age, or ancestry. | 167 |
| (F) For any person seeking employment to publish or cause to | 168 |
| be published any advertisement that specifies or in any manner | 169 |
| indicates that person's race, color, religion, sex, military | 170 |
| status, national origin, disability, age, or ancestry, or | 171 |
| expresses a limitation or preference as to the race, color, | 172 |
| religion, sex, military status, national origin, disability, age, | 173 |
| or ancestry of any prospective employer. | 174 |
| (G) For any proprietor or any employee, keeper, or manager of | 175 |
| a place of public accommodation to deny to any person, except for | 176 |
| reasons applicable alike to all persons regardless of race, color, | 177 |
| religion, sex, military status, national origin, disability, age, | 178 |
| or ancestry, the full enjoyment of the accommodations, advantages, | 179 |
| facilities, or privileges of the place of public accommodation. | 180 |
| (H) For any person to do any of the following: | 181 |
| (1) Refuse to sell, transfer, assign, rent, lease, sublease, | 182 |
| or finance housing accommodations, refuse to negotiate for the | 183 |
| sale or rental of housing accommodations, or otherwise deny or | 184 |
| make unavailable housing accommodations because of race, color, | 185 |
| religion, sex, military status, familial status, ancestry, | 186 |
| disability, or national origin; | 187 |
| (2) Represent to any person that housing accommodations are | 188 |
| not available for inspection, sale, or rental, when in fact they | 189 |
| are available, because of race, color, religion, sex, military | 190 |
| status, familial status, ancestry, disability, or national origin; | 191 |
| (3) Discriminate against any person in the making or | 192 |
| purchasing of loans or the provision of other financial assistance | 193 |
| for the acquisition, construction, rehabilitation, repair, or | 194 |
| maintenance of housing accommodations, or any person in the making | 195 |
| or purchasing of loans or the provision of other financial | 196 |
| assistance that is secured by residential real estate, because of | 197 |
| race, color, religion, sex, military status, familial status, | 198 |
| ancestry, disability, or national origin or because of the racial | 199 |
| composition of the neighborhood in which the housing | 200 |
| accommodations are located, provided that the person, whether an | 201 |
| individual, corporation, or association of any type, lends money | 202 |
| as one of the principal aspects or incident to the person's | 203 |
| principal business and not only as a part of the purchase price of | 204 |
| an owner-occupied residence the person is selling nor merely | 205 |
| casually or occasionally to a relative or friend; | 206 |
| (4) Discriminate against any person in the terms or | 207 |
| conditions of selling, transferring, assigning, renting, leasing, | 208 |
| or subleasing any housing accommodations or in furnishing | 209 |
| facilities, services, or privileges in connection with the | 210 |
| ownership, occupancy, or use of any housing accommodations, | 211 |
| including the sale of fire, extended coverage, or homeowners | 212 |
| insurance, because of race, color, religion, sex, military status, | 213 |
| familial status, ancestry, disability, or national origin or | 214 |
| because of the racial composition of the neighborhood in which the | 215 |
| housing accommodations are located; | 216 |
| (5) Discriminate against any person in the terms or | 217 |
| conditions of any loan of money, whether or not secured by | 218 |
| mortgage or otherwise, for the acquisition, construction, | 219 |
| rehabilitation, repair, or maintenance of housing accommodations | 220 |
| because of race, color, religion, sex, military status, familial | 221 |
| status, ancestry, disability, or national origin or because of the | 222 |
| racial composition of the neighborhood in which the housing | 223 |
| accommodations are located; | 224 |
| (6) Refuse to consider without prejudice the combined income | 225 |
| of both husband and wife for the purpose of extending mortgage | 226 |
| credit to a married couple or either member of a married couple; | 227 |
| (7) Print, publish, or circulate any statement or | 228 |
| advertisement, or make or cause to be made any statement or | 229 |
| advertisement, relating to the sale, transfer, assignment, rental, | 230 |
| lease, sublease, or acquisition of any housing accommodations, or | 231 |
| relating to the loan of money, whether or not secured by mortgage | 232 |
| or otherwise, for the acquisition, construction, rehabilitation, | 233 |
| repair, or maintenance of housing accommodations, that indicates | 234 |
| any preference, limitation, specification, or discrimination based | 235 |
| upon race, color, religion, sex, military status, familial status, | 236 |
| ancestry, disability, or national origin, or an intention to make | 237 |
| any such preference, limitation, specification, or discrimination; | 238 |
| (8) Except as otherwise provided in division (H)(8) or (17) | 239 |
| of this section, make any inquiry, elicit any information, make or | 240 |
| keep any record, or use any form of application containing | 241 |
| questions or entries concerning race, color, religion, sex, | 242 |
| military status, familial status, ancestry, disability, or | 243 |
| national origin in connection with the sale or lease of any | 244 |
| housing accommodations or the loan of any money, whether or not | 245 |
| secured by mortgage or otherwise, for the acquisition, | 246 |
| construction, rehabilitation, repair, or maintenance of housing | 247 |
| accommodations. Any person may make inquiries, and make and keep | 248 |
| records, concerning race, color, religion, sex, military status, | 249 |
| familial status, ancestry, disability, or national origin for the | 250 |
| purpose of monitoring compliance with this chapter. | 251 |
| (9) Include in any transfer, rental, or lease of housing | 252 |
| accommodations any restrictive covenant, or honor or exercise, or | 253 |
| attempt to honor or exercise, any restrictive covenant; | 254 |
| (10) Induce or solicit, or attempt to induce or solicit, a | 255 |
| housing accommodations listing, sale, or transaction by | 256 |
| representing that a change has occurred or may occur with respect | 257 |
| to the racial, religious, sexual, military status, familial | 258 |
| status, or ethnic composition of the block, neighborhood, or other | 259 |
| area in which the housing accommodations are located, or induce or | 260 |
| solicit, or attempt to induce or solicit, a housing accommodations | 261 |
| listing, sale, or transaction by representing that the presence or | 262 |
| anticipated presence of persons of any race, color, religion, sex, | 263 |
| military status, familial status, ancestry, disability, or | 264 |
| national origin, in the block, neighborhood, or other area will or | 265 |
| may have results including, but not limited to, the following: | 266 |
| (a) The lowering of property values; | 267 |
| (b) A change in the racial, religious, sexual, military | 268 |
| status, familial status, or ethnic composition of the block, | 269 |
| neighborhood, or other area; | 270 |
| (c) An increase in criminal or antisocial behavior in the | 271 |
| block, neighborhood, or other area; | 272 |
| (d) A decline in the quality of the schools serving the | 273 |
| block, neighborhood, or other area. | 274 |
| (11) Deny any person access to or membership or participation | 275 |
| in any multiple-listing service, real estate brokers' | 276 |
| organization, or other service, organization, or facility relating | 277 |
| to the business of selling or renting housing accommodations, or | 278 |
| discriminate against any person in the terms or conditions of that | 279 |
| access, membership, or participation, on account of race, color, | 280 |
| religion, sex, military status, familial status, national origin, | 281 |
| disability, or ancestry; | 282 |
| (12) Coerce, intimidate, threaten, or interfere with any | 283 |
| person in the exercise or enjoyment of, or on account of that | 284 |
| person's having exercised or enjoyed or having aided or encouraged | 285 |
| any other person in the exercise or enjoyment of, any right | 286 |
| granted or protected by division (H) of this section; | 287 |
| (13) Discourage or attempt to discourage the purchase by a | 288 |
| prospective purchaser of housing accommodations, by representing | 289 |
| that any block, neighborhood, or other area has undergone or might | 290 |
| undergo a change with respect to its religious, racial, sexual, | 291 |
| military status, familial status, or ethnic composition; | 292 |
| (14) Refuse to sell, transfer, assign, rent, lease, sublease, | 293 |
| or finance, or otherwise deny or withhold, a burial lot from any | 294 |
| person because of the race, color, sex, military status, familial | 295 |
| status, age, ancestry, disability, or national origin of any | 296 |
| prospective owner or user of the lot; | 297 |
| (15) Discriminate in the sale or rental of, or otherwise make | 298 |
| unavailable or deny, housing accommodations to any buyer or renter | 299 |
| because of a disability of any of the following: | 300 |
| (a) The buyer or renter; | 301 |
| (b) A person residing in or intending to reside in the | 302 |
| housing accommodations after they are sold, rented, or made | 303 |
| available; | 304 |
| (c) Any individual associated with the person described in | 305 |
| division (H)(15)(b) of this section. | 306 |
| (16) Discriminate in the terms, conditions, or privileges of | 307 |
| the sale or rental of housing accommodations to any person or in | 308 |
| the provision of services or facilities to any person in | 309 |
| connection with the housing accommodations because of a disability | 310 |
| of any of the following: | 311 |
| (a) That person; | 312 |
| (b) A person residing in or intending to reside in the | 313 |
| housing accommodations after they are sold, rented, or made | 314 |
| available; | 315 |
| (c) Any individual associated with the person described in | 316 |
| division (H)(16)(b) of this section. | 317 |
| (17) Except as otherwise provided in division (H)(17) of this | 318 |
| section, make an inquiry to determine whether an applicant for the | 319 |
| sale or rental of housing accommodations, a person residing in or | 320 |
| intending to reside in the housing accommodations after they are | 321 |
| sold, rented, or made available, or any individual associated with | 322 |
| that person has a disability, or make an inquiry to determine the | 323 |
| nature or severity of a disability of the applicant or such a | 324 |
| person or individual. The following inquiries may be made of all | 325 |
| applicants for the sale or rental of housing accommodations, | 326 |
| regardless of whether they have disabilities: | 327 |
| (a) An inquiry into an applicant's ability to meet the | 328 |
| requirements of ownership or tenancy; | 329 |
| (b) An inquiry to determine whether an applicant is qualified | 330 |
| for housing accommodations available only to persons with | 331 |
| disabilities or persons with a particular type of disability; | 332 |
| (c) An inquiry to determine whether an applicant is qualified | 333 |
| for a priority available to persons with disabilities or persons | 334 |
| with a particular type of disability; | 335 |
| (d) An inquiry to determine whether an applicant currently | 336 |
| uses a controlled substance in violation of section 2925.11 of the | 337 |
| Revised Code or a substantively comparable municipal ordinance; | 338 |
| (e) An inquiry to determine whether an applicant at any time | 339 |
| has been convicted of or pleaded guilty to any offense, an element | 340 |
| of which is the illegal sale, offer to sell, cultivation, | 341 |
| manufacture, other production, shipment, transportation, delivery, | 342 |
| or other distribution of a controlled substance. | 343 |
| (18)(a) Refuse to permit, at the expense of a person with a | 344 |
| disability, reasonable modifications of existing housing | 345 |
| accommodations that are occupied or to be occupied by the person | 346 |
| with a disability, if the modifications may be necessary to afford | 347 |
| the person with a disability full enjoyment of the housing | 348 |
| accommodations. This division does not preclude a landlord of | 349 |
| housing accommodations that are rented or to be rented to a | 350 |
| disabled tenant from conditioning permission for a proposed | 351 |
| modification upon the disabled tenant's doing one or more of the | 352 |
| following: | 353 |
| (i) Providing a reasonable description of the proposed | 354 |
| modification and reasonable assurances that the proposed | 355 |
| modification will be made in a workerlike manner and that any | 356 |
| required building permits will be obtained prior to the | 357 |
| commencement of the proposed modification; | 358 |
| (ii) Agreeing to restore at the end of the tenancy the | 359 |
| interior of the housing accommodations to the condition they were | 360 |
| in prior to the proposed modification, but subject to reasonable | 361 |
| wear and tear during the period of occupancy, if it is reasonable | 362 |
| for the landlord to condition permission for the proposed | 363 |
| modification upon the agreement; | 364 |
| (iii) Paying into an interest-bearing escrow account that is | 365 |
| in the landlord's name, over a reasonable period of time, a | 366 |
| reasonable amount of money not to exceed the projected costs at | 367 |
| the end of the tenancy of the restoration of the interior of the | 368 |
| housing accommodations to the condition they were in prior to the | 369 |
| proposed modification, but subject to reasonable wear and tear | 370 |
| during the period of occupancy, if the landlord finds the account | 371 |
| reasonably necessary to ensure the availability of funds for the | 372 |
| restoration work. The interest earned in connection with an escrow | 373 |
| account described in this division shall accrue to the benefit of | 374 |
| the disabled tenant who makes payments into the account. | 375 |
| (b) A landlord shall not condition permission for a proposed | 376 |
| modification upon a disabled tenant's payment of a security | 377 |
| deposit that exceeds the customarily required security deposit of | 378 |
| all tenants of the particular housing accommodations. | 379 |
| (19) Refuse to make reasonable accommodations in rules, | 380 |
| policies, practices, or services when necessary to afford a person | 381 |
| with a disability equal opportunity to use and enjoy a dwelling | 382 |
| unit, including associated public and common use areas; | 383 |
| (20) Fail to comply with the standards and rules adopted | 384 |
| under division (A) of section 3781.111 of the Revised Code; | 385 |
| (21) Discriminate against any person in the selling, | 386 |
| brokering, or appraising of real property because of race, color, | 387 |
| religion, sex, military status, familial status, ancestry, | 388 |
| disability, or national origin; | 389 |
| (22) Fail to design and construct covered multifamily | 390 |
| dwellings for first occupancy on or after June 30, 1992, in | 391 |
| accordance with the following conditions: | 392 |
| (a) The dwellings shall have at least one building entrance | 393 |
| on an accessible route, unless it is impractical to do so because | 394 |
| of the terrain or unusual characteristics of the site. | 395 |
| (b) With respect to dwellings that have a building entrance | 396 |
| on an accessible route, all of the following apply: | 397 |
| (i) The public use areas and common use areas of the | 398 |
| dwellings shall be readily accessible to and usable by persons | 399 |
| with a disability. | 400 |
| (ii) All the doors designed to allow passage into and within | 401 |
| all premises shall be sufficiently wide to allow passage by | 402 |
| persons with a disability who are in wheelchairs. | 403 |
| (iii) All premises within covered multifamily dwelling units | 404 |
| shall contain an accessible route into and through the dwelling; | 405 |
| all light switches, electrical outlets, thermostats, and other | 406 |
| environmental controls within such units shall be in accessible | 407 |
| locations; the bathroom walls within such units shall contain | 408 |
| reinforcements to allow later installation of grab bars; and the | 409 |
| kitchens and bathrooms within such units shall be designed and | 410 |
| constructed in a manner that enables an individual in a wheelchair | 411 |
| to maneuver about such rooms. | 412 |
| For purposes of division (H)(22) of this section, "covered | 413 |
| multifamily dwellings" means buildings consisting of four or more | 414 |
| units if such buildings have one or more elevators and ground | 415 |
| floor units in other buildings consisting of four or more units. | 416 |
| (I) For any person to discriminate in any manner against any | 417 |
| other person because that person has opposed any unlawful | 418 |
| discriminatory practice defined in this section or because that | 419 |
| person has made a charge, testified, assisted, or participated in | 420 |
| any manner in any investigation, proceeding, or hearing under | 421 |
| sections 4112.01 to 4112.07 of the Revised Code. | 422 |
| (J) For any person to aid, abet, incite, compel, or coerce | 423 |
| the doing of any act declared by this section to be an unlawful | 424 |
| discriminatory practice, to obstruct or prevent any person from | 425 |
| complying with this chapter or any order issued under it, or to | 426 |
| attempt directly or indirectly to commit any act declared by this | 427 |
| section to be an unlawful discriminatory practice. | 428 |
| (K)(1) Nothing in division (H) of this section shall bar any | 429 |
| religious or denominational institution or organization, or any | 430 |
| nonprofit charitable or educational organization that is operated, | 431 |
| supervised, or controlled by or in connection with a religious | 432 |
| organization, from limiting the sale, rental, or occupancy of | 433 |
| housing accommodations that it owns or operates for other than a | 434 |
| commercial purpose to persons of the same religion, or from giving | 435 |
| preference in the sale, rental, or occupancy of such housing | 436 |
| accommodations to persons of the same religion, unless membership | 437 |
| in the religion is restricted on account of race, color, or | 438 |
| national origin. | 439 |
| (2) Nothing in division (H) of this section shall bar any | 440 |
| bona fide private or fraternal organization that, incidental to | 441 |
| its primary purpose, owns or operates lodgings for other than a | 442 |
| commercial purpose, from limiting the rental or occupancy of the | 443 |
| lodgings to its members or from giving preference to its members. | 444 |
| (3) Nothing in division (H) of this section limits the | 445 |
| applicability of any reasonable local, state, or federal | 446 |
| restrictions regarding the maximum number of occupants permitted | 447 |
| to occupy housing accommodations. Nothing in that division | 448 |
| prohibits the owners or managers of housing accommodations from | 449 |
| implementing reasonable occupancy standards based on the number | 450 |
| and size of sleeping areas or bedrooms and the overall size of a | 451 |
| dwelling unit, provided that the standards are not implemented to | 452 |
| circumvent the purposes of this chapter and are formulated, | 453 |
| implemented, and interpreted in a manner consistent with this | 454 |
| chapter and any applicable local, state, or federal restrictions | 455 |
| regarding the maximum number of occupants permitted to occupy | 456 |
| housing accommodations. | 457 |
| (4) Nothing in division (H) of this section requires that | 458 |
| housing accommodations be made available to an individual whose | 459 |
| tenancy would constitute a direct threat to the health or safety | 460 |
| of other individuals or whose tenancy would result in substantial | 461 |
| physical damage to the property of others. | 462 |
| (5) Nothing in division (H) of this section pertaining to | 463 |
| discrimination on the basis of familial status shall be construed | 464 |
| to apply to any of the following: | 465 |
| (a) Housing accommodations provided under any state or | 466 |
| federal program that have been determined under the "Fair Housing | 467 |
| Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as | 468 |
| amended, to be specifically designed and operated to assist | 469 |
| elderly persons; | 470 |
| (b) Housing accommodations intended for and solely occupied | 471 |
| by persons who are sixty-two years of age or older; | 472 |
| (c) Housing accommodations intended and operated for | 473 |
| occupancy by at least one person who is fifty-five years of age or | 474 |
| older per unit, as determined under the "Fair Housing Amendments | 475 |
| Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended. | 476 |
| (L) Nothing in divisions (A) to (E) of this section shall be | 477 |
| construed to require a person with a disability to be employed or | 478 |
| trained under circumstances that would significantly increase the | 479 |
| occupational hazards affecting either the person with a | 480 |
| disability, other employees, the general public, or the facilities | 481 |
| in which the work is to be performed, or to require the employment | 482 |
| or training of a person with a disability in a job that requires | 483 |
| the person with a disability routinely to undertake any task, the | 484 |
| performance of which is substantially and inherently impaired by | 485 |
| the person's disability. | 486 |
| (M) Nothing in divisions (H)(1) to (18) of this section shall | 487 |
| be construed to require any person selling or renting property to | 488 |
| modify the property in any way or to exercise a higher degree of | 489 |
| care for a person with a disability, to relieve any person with a | 490 |
| disability of any obligation generally imposed on all persons | 491 |
| regardless of disability in a written lease, rental agreement, or | 492 |
| contract of purchase or sale, or to forbid distinctions based on | 493 |
| the inability to fulfill the terms and conditions, including | 494 |
| financial obligations, of the lease, agreement, or contract. | 495 |
| (N) An aggrieved individual may enforce the individual's | 496 |
| rights relative to discrimination on the basis of age as provided | 497 |
| for in this section by instituting a civil action, within one | 498 |
| hundred eighty days after the alleged unlawful discriminatory | 499 |
| practice occurred, in any court with jurisdiction for any legal or | 500 |
| equitable relief that will effectuate the individual's rights. | 501 |
| A person who files a civil action under this division is | 502 |
| barred, with respect to the practices complained of, from | 503 |
| instituting a civil action under section 4112.14 of the Revised | 504 |
| Code and from filing a charge with the commission under section | 505 |
| 4112.05 of the Revised Code. | 506 |
| (O) With regard to age, it shall not be an unlawful | 507 |
| discriminatory practice and it shall not constitute a violation of | 508 |
| division (A) of section 4112.14 of the Revised Code for any | 509 |
| employer, employment agency, joint labor-management committee | 510 |
| controlling apprenticeship training programs, or labor | 511 |
| organization to do any of the following: | 512 |
| (1) Establish bona fide employment qualifications reasonably | 513 |
| related to the particular business or occupation that may include | 514 |
| standards for skill, aptitude, physical capability, intelligence, | 515 |
| education, maturation, and experience; | 516 |
| (2) Observe the terms of a bona fide seniority system or any | 517 |
| bona fide employee benefit plan, including, but not limited to, a | 518 |
| retirement, pension, or insurance plan, that is not a subterfuge | 519 |
| to evade the purposes of this section. However, no such employee | 520 |
| benefit plan shall excuse the failure to hire any individual, and | 521 |
| no such seniority system or employee benefit plan shall require or | 522 |
| permit the involuntary retirement of any individual, because of | 523 |
| the individual's age except as provided for in the "Age | 524 |
| Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 525 |
| 29 U.S.C.A. 623, as amended by the "Age Discrimination in | 526 |
| Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 527 |
| 623, as amended. | 528 |
| (3) Retire an employee who has attained sixty-five years of | 529 |
| age who, for the two-year period immediately before retirement, is | 530 |
| employed in a bona fide executive or a high policymaking position, | 531 |
| if the employee is entitled to an immediate nonforfeitable annual | 532 |
| retirement benefit from a pension, profit-sharing, savings, or | 533 |
| deferred compensation plan, or any combination of those plans, of | 534 |
| the employer of the employee, which equals, in the aggregate, at | 535 |
| least forty-four thousand dollars, in accordance with the | 536 |
| conditions of the "Age Discrimination in Employment Act Amendment | 537 |
| of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 538 |
| Discrimination in Employment Act Amendments of 1986," 100 Stat. | 539 |
| 3342, 29 U.S.C.A. 631, as amended; | 540 |
| (4) Observe the terms of any bona fide apprenticeship program | 541 |
| if the program is registered with the Ohio apprenticeship council | 542 |
| pursuant to sections 4139.01 to 4139.06 of the Revised Code and is | 543 |
| approved by the federal committee on apprenticeship of the United | 544 |
| States department of labor. | 545 |
| (P) Nothing in this chapter prohibiting age discrimination | 546 |
| and nothing in division (A) of section 4112.14 of the Revised Code | 547 |
| shall be construed to prohibit the following: | 548 |
| (1) The designation of uniform age the attainment of which is | 549 |
| necessary for public employees to receive pension or other | 550 |
| retirement benefits pursuant to Chapter 145., 742., 3307., 3309., | 551 |
| or 5505. of the Revised Code; | 552 |
| (2) The mandatory retirement of uniformed patrol officers of | 553 |
| the state highway patrol as provided in section 5505.16 of the | 554 |
| Revised Code; | 555 |
| (3) The maximum age requirements for appointment as a patrol | 556 |
| officer in the state highway patrol established by section 5503.01 | 557 |
| of the Revised Code; | 558 |
| (4) The maximum age requirements established for original | 559 |
| appointment to a police department or fire department in sections | 560 |
| 124.41 and 124.42 of the Revised Code; | 561 |
| (5) Any maximum age not in conflict with federal law that may | 562 |
| be established by a municipal charter, municipal ordinance, or | 563 |
| resolution of a board of township trustees for original | 564 |
| appointment as a police officer or firefighter; | 565 |
| (6) Any mandatory retirement provision not in conflict with | 566 |
| federal law of a municipal charter, municipal ordinance, or | 567 |
| resolution of a board of township trustees pertaining to police | 568 |
| officers and firefighters; | 569 |
| (7) Until January 1, 1994, the mandatory retirement of any | 570 |
| employee who has attained seventy years of age and who is serving | 571 |
| under a contract of unlimited tenure, or similar arrangement | 572 |
| providing for unlimited tenure, at an institution of higher | 573 |
| education as defined in the "Education Amendments of 1980," 94 | 574 |
| Stat. 1503, 20 U.S.C.A. 1141(a). | 575 |
| (Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 576 |
| section, for purposes of divisions (A) to (E) of this section, a | 577 |
| disability does not include any physiological disorder or | 578 |
| condition, mental or psychological disorder, or disease or | 579 |
| condition caused by an illegal use of any controlled substance by | 580 |
| an employee, applicant, or other person, if an employer, | 581 |
| employment agency, personnel placement service, labor | 582 |
| organization, or joint labor-management committee acts on the | 583 |
| basis of that illegal use. | 584 |
| (b) Division (Q)(1)(a) of this section does not apply to an | 585 |
| employee, applicant, or other person who satisfies any of the | 586 |
| following: | 587 |
| (i) The employee, applicant, or other person has successfully | 588 |
| completed a supervised drug rehabilitation program and no longer | 589 |
| is engaging in the illegal use of any controlled substance, or the | 590 |
| employee, applicant, or other person otherwise successfully has | 591 |
| been rehabilitated and no longer is engaging in that illegal use. | 592 |
| (ii) The employee, applicant, or other person is | 593 |
| participating in a supervised drug rehabilitation program and no | 594 |
| longer is engaging in the illegal use of any controlled substance. | 595 |
| (iii) The employee, applicant, or other person is erroneously | 596 |
| regarded as engaging in the illegal use of any controlled | 597 |
| substance, but the employee, applicant, or other person is not | 598 |
| engaging in that illegal use. | 599 |
| (2) Divisions (A) to (E) of this section do not prohibit an | 600 |
| employer, employment agency, personnel placement service, labor | 601 |
| organization, or joint labor-management committee from doing any | 602 |
| of the following: | 603 |
| (a) Adopting or administering reasonable policies or | 604 |
| procedures, including, but not limited to, testing for the illegal | 605 |
| use of any controlled substance, that are designed to ensure that | 606 |
| an individual described in division (Q)(1)(b)(i) or (ii) of this | 607 |
| section no longer is engaging in the illegal use of any controlled | 608 |
| substance; | 609 |
| (b) Prohibiting the illegal use of controlled substances and | 610 |
| the use of alcohol at the workplace by all employees; | 611 |
| (c) Requiring that employees not be under the influence of | 612 |
| alcohol or not be engaged in the illegal use of any controlled | 613 |
| substance at the workplace; | 614 |
| (d) Requiring that employees behave in conformance with the | 615 |
| requirements established under "The Drug-Free Workplace Act of | 616 |
| 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; | 617 |
| (e) Holding an employee who engages in the illegal use of any | 618 |
| controlled substance or who is an alcoholic to the same | 619 |
| qualification standards for employment or job performance, and the | 620 |
| same behavior, to which the employer, employment agency, personnel | 621 |
| placement service, labor organization, or joint labor-management | 622 |
| committee holds other employees, even if any unsatisfactory | 623 |
| performance or behavior is related to an employee's illegal use of | 624 |
| a controlled substance or alcoholism; | 625 |
| (f) Exercising other authority recognized in the "Americans | 626 |
| with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, | 627 |
| as amended, including, but not limited to, requiring employees to | 628 |
| comply with any applicable federal standards. | 629 |
| (3) For purposes of this chapter, a test to determine the | 630 |
| illegal use of any controlled substance does not include a medical | 631 |
| examination. | 632 |
| (4) Division (Q) of this section does not encourage, | 633 |
| prohibit, or authorize, and shall not be construed as encouraging, | 634 |
| prohibiting, or authorizing, the conduct of testing for the | 635 |
| illegal use of any controlled substance by employees, applicants, | 636 |
| or other persons, or the making of employment decisions based on | 637 |
| the results of that type of testing. | 638 |
| (R) This section does not apply to a religious corporation, | 639 |
| association, educational institution, or society with respect to | 640 |
| the employment of an individual of a particular religion to | 641 |
| perform work connected with the carrying on by that religious | 642 |
| corporation, association, educational institution, or society of | 643 |
| its activities. | 644 |
| The unlawful discriminatory practices defined in this section | 645 |
| do not make it unlawful for a person or an appointing authority | 646 |
| administering an examination under section 124.23 of the Revised | 647 |
| Code to obtain information about an applicant's military status | 648 |
| for the purpose of determining if the applicant is eligible for | 649 |
| the additional credit that is available under that section. | 650 |
| Section 2. That existing section 4112.02 of the Revised Code | 651 |
| is hereby repealed. | 652 |
