Ohio § 4112.02

§ 4112.02.

It shall be an unlawful discriminatory practice: (A) For any employer, because of the race, color, religion, sex, military status, national

origin, disability, age, or ancestry of any person, to discharge without just cause,

to refuse to hire, or otherwise to discriminate against that person with respect to

hire, tenure, terms, conditions, or privileges of employment, or any matter directly

or indirectly related to employment. (B) For an employment agency or personnel placement service, because of race, color,

religion, sex, military status, national origin, disability, age, or ancestry, to

do any of the following: (1) Refuse or fail to accept, register, classify properly, or refer for employment, or

otherwise discriminate against any person; (2) Comply with a request from an employer for referral of applicants for employment

if the request directly or indirectly indicates that the employer fails to comply

with the provisions of sections 4112.01 to 4112.07 of the Revised Code . (C) For any labor organization to do any of the following: (1) Limit or classify its membership on the basis of race, color, religion, sex, military

status, national origin, disability, age, or ancestry; (2) Discriminate against, limit the employment opportunities of, or otherwise adversely

affect the employment status, wages, hours, or employment conditions of any person

as an employee because of race, color, religion, sex, military status, national origin,

disability, age, or ancestry. (D) For any employer, labor organization, or joint labor-management committee controlling

apprentice training programs to discriminate against any person because of race, color,

religion, sex, military status, national origin, disability, or ancestry in admission

to, or employment in, any program established to provide apprentice training. (E) Except where based on a bona fide occupational qualification certified in advance

by the commission, for any employer, employment agency, personnel placement service,

or labor organization, prior to employment or admission to membership, to do any of

the following: (1) Elicit or attempt to elicit any information concerning the race, color, religion,

sex, military status, national origin, disability, age, or ancestry of an applicant

for employment or membership; (2) Make or keep a record of the race, color, religion, sex, military status, national

origin, disability, age, or ancestry of any applicant for employment or membership; (3) Use any form of application for employment, or personnel or membership blank, seeking

to elicit information regarding race, color, religion, sex, military status, national

origin, disability, age, or ancestry;  but an employer holding a contract containing

a nondiscrimination clause with the government of the United States, or any department

or agency of that government, may require an employee or applicant for employment

to furnish documentary proof of United States citizenship and may retain that proof

in the employer's personnel records and may use photographic or fingerprint identification

for security purposes; (4) Print or publish or cause to be printed or published any notice or advertisement

relating to employment or membership indicating any preference, limitation, specification,

or discrimination, based upon race, color, religion, sex, military status, national

origin, disability, age, or ancestry; (5) Announce or follow a policy of denying or limiting, through a quota system or otherwise,

employment or membership opportunities of any group because of the race, color, religion,

sex, military status, national origin, disability, age, or ancestry of that group; (6) Utilize in the recruitment or hiring of persons any employment agency, personnel

placement service, training school or center, labor organization, or any other employee-referring

source known to discriminate against persons because of their race, color, religion,

sex, military status, national origin, disability, age, or ancestry. (F) For any person seeking employment to publish or cause to be published any advertisement

that specifies or in any manner indicates that person's race, color, religion, sex,

military status, national origin, disability, age, or ancestry, or expresses a limitation

or preference as to the race, color, religion, sex, military status, national origin,

disability, age, or ancestry of any prospective employer. (G) For any proprietor or any employee, keeper, or manager of a place of public accommodation

to deny to any person, except for reasons applicable alike to all persons regardless

of race, color, religion, sex, military status, national origin, disability, age,

or ancestry, the full enjoyment of the accommodations, advantages, facilities, or

privileges of the place of public accommodation. (H) Subject to section 4112.024 of the Revised Code , for any person to do any of the following: (1) Refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations,

refuse to negotiate for the sale or rental of housing accommodations, or otherwise

deny or make unavailable housing accommodations because of race, color, religion,

sex, military status, familial status, ancestry, disability, or national origin; (2) Represent to any person that housing accommodations are not available for inspection,

sale, or rental, when in fact they are available, because of race, color, religion,

sex, military status, familial status, ancestry, disability, or national origin; (3) Discriminate against any person in the making or purchasing of loans or the provision

of other financial assistance for the acquisition, construction, rehabilitation, repair,

or maintenance of housing accommodations, or any person in the making or purchasing

of loans or the provision of other financial assistance that is secured by residential

real estate, because of race, color, religion, sex, military status, familial status,

ancestry, disability, or national origin or because of the racial composition of the

neighborhood in which the housing accommodations are located, provided that the person,

whether an individual, corporation, or association of any type, lends money as one

of the principal aspects or incident to the person's principal business and not only

as a part of the purchase price of an owner-occupied residence the person is selling

nor merely casually or occasionally to a relative or friend; (4) Discriminate against any person in the terms or conditions of selling, transferring,

assigning, renting, leasing, or subleasing any housing accommodations or in furnishing

facilities, services, or privileges in connection with the ownership, occupancy, or

use of any housing accommodations, including the sale of fire, extended coverage,

or homeowners insurance, because of race, color, religion, sex, military status, familial

status, ancestry, disability, or national origin or because of the racial composition

of the neighborhood in which the housing accommodations are located; (5) Discriminate against any person in the terms or conditions of any loan of money,

whether or not secured by mortgage or otherwise, for the acquisition, construction,

rehabilitation, repair, or maintenance of housing accommodations because of race,

color, religion, sex, military status, familial status, ancestry, disability, or national

origin or because of the racial composition of the neighborhood in which the housing

accommodations are located; (6) Refuse to consider without prejudice the combined income of both husband and wife

for the purpose of extending mortgage credit to a married couple or either member

of a married couple; (7) Print, publish, or circulate any statement or advertisement, or make or cause to

be made any statement or advertisement, relating to the sale, transfer, assignment,

rental, lease, sublease, or acquisition of any housing accommodations, or relating

to the loan of money, whether or not secured by mortgage or otherwise, for the acquisition,

construction, rehabilitation, repair, or maintenance of housing accommodations, that

indicates any preference, limitation, specification, or discrimination based upon

race, color, religion, sex, military status, familial status, ancestry, disability,

or national origin, or an intention to make any such preference, limitation, specification,

or discrimination; (8) Except as otherwise provided in division (H)(8) or (17) of this section, make any

inquiry, elicit any information, make or keep any record, or use any form of application

containing questions or entries concerning race, color, religion, sex, military status,

familial status, ancestry, disability, or national origin in connection with the sale

or lease of any housing accommodations or the loan of any money, whether or not secured

by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair,

or maintenance of housing accommodations.  Any person may make inquiries, and make and keep records, concerning race, color,

religion, sex, military status, familial status, ancestry, disability, or national

origin for the purpose of monitoring compliance with this chapter. (9) Include in any transfer, rental, or lease of housing accommodations any restrictive

covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant; (10) Induce or solicit, or attempt to induce or solicit, a housing accommodations listing,

sale, or transaction by representing that a change has occurred or may occur with

respect to the racial, religious, sexual, military status, familial status, or ethnic

composition of the block, neighborhood, or other area in which the housing accommodations

are located, or induce or solicit, or attempt to induce or solicit, a housing accommodations

listing, sale, or transaction by representing that the presence or anticipated presence

of persons of any race, color, religion, sex, military status, familial status, ancestry,

disability, or national origin, in the block, neighborhood, or other area will or

may have results including, but not limited to, the following: (a) The lowering of property values; (b) A change in the racial, religious, sexual, military status, familial status, or ethnic

composition of the block, neighborhood, or other area; (c) An increase in criminal or antisocial behavior in the block, neighborhood, or other

area; (d) A decline in the quality of the schools serving the block, neighborhood, or other

area. (11) Deny any person access to or membership or participation in any multiple-listing

service, real estate brokers' organization, or other service, organization, or facility

relating to the business of selling or renting housing accommodations, or discriminate

against any person in the terms or conditions of that access, membership, or participation,

on account of race, color, religion, sex, military status, familial status, national

origin, disability, or ancestry; (12) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment

of, or on account of that person's having exercised or enjoyed or having aided or

encouraged any other person in the exercise or enjoyment of, any right granted or

protected by division (H) of this section; (13) Discourage or attempt to discourage the purchase by a prospective purchaser of housing

accommodations, by representing that any block, neighborhood, or other area has undergone

or might undergo a change with respect to its religious, racial, sexual, military

status, familial status, or ethnic composition; (14) Refuse to sell, transfer, assign, rent, lease, sublease, or finance, or otherwise

deny or withhold, a burial lot from any person because of the race, color, sex, military

status, familial status, age, ancestry, disability, or national origin of any prospective

owner or user of the lot; (15) Discriminate in the sale or rental of, or otherwise make unavailable or deny, housing

accommodations to any buyer or renter because of a disability of any of the following: (a) The buyer or renter; (b) A person residing in or intending to reside in the housing accommodations after they

are sold, rented, or made available; (c) Any individual associated with the person described in division (H)(15)(b) of this

section. (16) Discriminate in the terms, conditions, or privileges of the sale or rental of housing

accommodations to any person or in the provision of services or facilities to any

person in connection with the housing accommodations because of a disability of any

of the following: (a) That person; (b) A person residing in or intending to reside in the housing accommodations after they

are sold, rented, or made available; (c) Any individual associated with the person described in division (H)(16)(b) of this

section. (17) Except as otherwise provided in division (H)(17) of this section, make an inquiry

to determine whether an applicant for the sale or rental of housing accommodations,

a person residing in or intending to reside in the housing accommodations after they

are sold, rented, or made available, or any individual associated with that person

has a disability, or make an inquiry to determine the nature or severity of a disability

of the applicant or such a person or individual.  The following inquiries may be made of all applicants for the sale or rental of

housing accommodations, regardless of whether they have disabilities: (a) An inquiry into an applicant's ability to meet the requirements of ownership or tenancy; (b) An inquiry to determine whether an applicant is qualified for housing accommodations

available only to persons with disabilities or persons with a particular type of disability; (c) An inquiry to determine whether an applicant is qualified for a priority available

to persons with disabilities or persons with a particular type of disability; (d) An inquiry to determine whether an applicant currently uses a controlled substance

in violation of section 2925.11 of the Revised Code or a substantively comparable municipal ordinance; (e) An inquiry to determine whether an applicant at any time has been convicted of or

pleaded guilty to any offense, an element of which is the illegal sale, offer to sell,

cultivation, manufacture, other production, shipment, transportation, delivery, or

other distribution of a controlled substance. (18)(a) Refuse to permit, at the expense of a person with a disability, reasonable modifications

of existing housing accommodations that are occupied or to be occupied by the person

with a disability, if the modifications may be necessary to afford the person with

a disability full enjoyment of the housing accommodations.  This division does not preclude a landlord of housing accommodations that are rented

or to be rented to a tenant with a disability from conditioning permission for a proposed

modification upon the tenant with a disability doing one or more of the following: (i) Providing a reasonable description of the proposed modification and reasonable assurances

that the proposed modification will be made in a workerlike manner and that any required

building permits will be obtained prior to the commencement of the proposed modification; (ii) Agreeing to restore at the end of the tenancy the interior of the housing accommodations

to the condition they were in prior to the proposed modification, but subject to reasonable

wear and tear during the period of occupancy, if it is reasonable for the landlord

to condition permission for the proposed modification upon the agreement; (iii) Paying into an interest-bearing escrow account that is in the landlord's name, over

a reasonable period of time, a reasonable amount of money not to exceed the projected

costs at the end of the tenancy of the restoration of the interior of the housing

accommodations to the condition they were in prior to the proposed modification, but

subject to reasonable wear and tear during the period of occupancy, if the landlord

finds the account reasonably necessary to ensure the availability of funds for the

restoration work.  The interest earned in connection with an escrow account described in this division

shall accrue to the benefit of the tenant with a disability who makes payments into

the account. (b) A landlord shall not condition permission for a proposed modification upon a tenant

with a disability's payment of a security deposit that exceeds the customarily required

security deposit of all tenants of the particular housing accommodations. (19) Refuse to make reasonable accommodations in rules, policies, practices, or services

when necessary to afford a person with a disability equal opportunity to use and enjoy

a dwelling unit, including associated public and common use areas; (20) Fail to comply with the standards and rules adopted under division (A) of section 3781.111 of the Revised Code ; (21) Discriminate against any person in the selling, brokering, or appraising of real

property because of race, color, religion, sex, military status, familial status,

ancestry, disability, or national origin; (22) Fail to design and construct covered multifamily dwellings for first occupancy on

or after June 30, 1992, in accordance with the following conditions: (a) The dwellings shall have at least one building entrance on an accessible route, unless

it is impractical to do so because of the terrain or unusual characteristics of the

site. (b) With respect to dwellings that have a building entrance on an accessible route, all

of the following apply: (i) The public use areas and common use areas of the dwellings shall be readily accessible

to and usable by persons with a disability. (ii) All the doors designed to allow passage into and within all premises shall be sufficiently

wide to allow passage by persons with a disability who are in wheelchairs. (iii) All premises within covered multifamily dwelling units shall contain an accessible

route into and through the dwelling;  all light switches, electrical outlets, thermostats,

and other environmental controls within such units shall be in accessible locations;

 the bathroom walls within such units shall contain reinforcements to allow later

installation of grab bars;  and the kitchens and bathrooms within such units shall

be designed and constructed in a manner that enables an individual in a wheelchair

to maneuver about such rooms. For purposes of division (H)(22) of this section, “ covered multifamily dwellings ” means buildings consisting of four or more units if such buildings have one or more

elevators and ground floor units in other buildings consisting of four or more units. (I) For any person to discriminate in any manner against any other person because that

person has opposed any unlawful discriminatory practice defined in this section or

because that person has made a charge, testified, assisted, or participated in any

manner in any investigation, proceeding, or hearing under sections 4112.01 to 4112.07 of the Revised Code . (J) For any person to aid, abet, incite, compel, or coerce the doing of any act declared

by this section to be an unlawful discriminatory practice, to obstruct or prevent

any person from complying with this chapter or any order issued under it, or to attempt

directly or indirectly to commit any act declared by this section to be an unlawful

discriminatory practice. (K) Nothing in divisions (A) to (E) of this section shall be construed to require a person

with a disability to be employed or trained under circumstances that would significantly

increase the occupational hazards affecting either the person with a disability, other

employees, the general public, or the facilities in which the work is to be performed,

or to require the employment or training of a person with a disability in a job that

requires the person with a disability routinely to undertake any task, the performance

of which is substantially and inherently impaired by the person's disability. (L) With regard to age, it shall not be an unlawful discriminatory practice and it shall

not constitute a violation of division (A) of section 4112.14 of the Revised Code for any employer, employment agency, joint labor-management committee controlling

apprenticeship training programs, or labor organization to do any of the following: (1) Establish bona fide employment qualifications reasonably related to the particular

business or occupation that may include standards for skill, aptitude, physical capability,

intelligence, education, maturation, and experience; (2) Observe the terms of a bona fide seniority system or any bona fide employee benefit

plan, including, but not limited to, a retirement, pension, or insurance plan, that

is not a subterfuge to evade the purposes of this section.  However, no such employee benefit plan shall excuse the failure to hire any individual,

and no such seniority system or employee benefit plan shall require or permit the

involuntary retirement of any individual, because of the individual's age except as

provided for in the “Age Discrimination in Employment Act Amendment of 1978,” 92 Stat.

189, 29 U.S.C.A. 623 , as amended by the “Age Discrimination in Employment Act Amendments of 1986,” 100

Stat. 3342, 29 U.S.C.A. 623 , as amended. (3) Retire an employee who has attained sixty-five years of age who, for the two-year

period immediately before retirement, is employed in a bona fide executive or a high

policymaking position, if the employee is entitled to an immediate nonforfeitable

annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation

plan, or any combination of those plans, of the employer of the employee, which equals,

in the aggregate, at least forty-four thousand dollars, in accordance with the conditions

of the “Age Discrimination in Employment Act Amendment of 1978,” 92 Stat. 189, 29 U.S.C.A. 631 , as amended by the “Age Discrimination in Employment Act Amendments of 1986,” 100

Stat. 3342, 29 U.S.C.A. 631 , as amended; (4) Observe the terms of any bona fide apprenticeship program if the program is registered

with the Ohio apprenticeship council pursuant to sections 4139.01 to 4139.06 of the Revised Code and is approved by the federal committee on apprenticeship of the United States department

of labor. (M) Nothing in this chapter prohibiting age discrimination and nothing in division (A) of section 4112.14 of the Revised Code shall be construed to prohibit the following: (1) The designation of uniform age the attainment of which is necessary for public employees

to receive pension or other retirement benefits pursuant to Chapter 145., 742., 3307.,

3309., or 5505. of the Revised Code; (2) The mandatory retirement of uniformed patrol officers of the state highway patrol

as provided in section 5505.16 of the Revised Code ; (3) The maximum age requirements for appointment as a patrol officer in the state highway

patrol established by section 5503.01 of the Revised Code ; (4) The maximum age requirements established for original appointment to a police department

or fire department in sections 124.41 and 124.42 of the Revised Code ; (5) Any maximum age not in conflict with federal law that may be established by a municipal

charter, municipal ordinance, or resolution of a board of township trustees for original

appointment as a police officer or firefighter; (6) Any mandatory retirement provision not in conflict with federal law of a municipal

charter, municipal ordinance, or resolution of a board of township trustees pertaining

to police officers and firefighters; (7) Until January 1, 1994, the mandatory retirement of any employee who has attained

seventy years of age and who is serving under a contract of unlimited tenure, or similar

arrangement providing for unlimited tenure, at an institution of higher education

as defined in the “Education Amendments of 1980,” 94 Stat. 1503, 20 U.S.C.A. 1141(a) . (N)(1)(a) Except as provided in division (N)(1)(b) of this section, for purposes of divisions

(A) to (E) of this section, a disability does not include any physiological disorder

or condition, mental or psychological disorder, or disease or condition caused by

an illegal use of any controlled substance by an employee, applicant, or other person,

if an employer, employment agency, personnel placement service, labor organization,

or joint labor-management committee acts on the basis of that illegal use. (b) Division (N)(1)(a) of this section does not apply to an employee, applicant, or other

person who satisfies any of the following: (i) The employee, applicant, or other person has successfully completed a supervised

drug rehabilitation program and no longer is engaging in the illegal use of any controlled

substance, or the employee, applicant, or other person otherwise successfully has

been rehabilitated and no longer is engaging in that illegal use. (ii) The employee, applicant, or other person is participating in a supervised drug rehabilitation

program and no longer is engaging in the illegal use of any controlled substance. (iii) The employee, applicant, or other person is erroneously regarded as engaging in the

illegal use of any controlled substance, but the employee, applicant, or other person

is not engaging in that illegal use. (2) Divisions (A) to (E) of this section do not prohibit an employer, employment agency,

personnel placement service, labor organization, or joint labor-management committee

from doing any of the following: (a) Adopting or administering reasonable policies or procedures, including, but not limited

to, testing for the illegal use of any controlled substance, that are designed to

ensure that an individual described in division (N)(1)(b)(i) or (ii) of this section

no longer is engaging in the illegal use of any controlled substance; (b) Prohibiting the illegal use of controlled substances and the use of alcohol at the

workplace by all employees; (c) Requiring that employees not be under the influence of alcohol or not be engaged

in the illegal use of any controlled substance at the workplace; (d) Requiring that employees behave in conformance with the requirements established

under “The Drug-Free Workplace Act of 1988,” 102 Stat. 4304, 41 U.S.C.A. 701 , as amended; (e) Holding an employee who engages in the illegal use of any controlled substance or

who has alcoholism to the same qualification standards for employment or job performance,

and the same behavior, to which the employer, employment agency, personnel placement

service, labor organization, or joint labor-management committee holds other employees,

even if any unsatisfactory performance or behavior is related to an employee's illegal

use of a controlled substance or alcoholism; (f) Exercising other authority recognized in the “Americans with Disabilities Act of

1990,” 104 Stat. 327, 42 U.S.C.A. 12101 , as amended, including, but not limited to, requiring employees to comply with any

applicable federal standards. (3) For purposes of this chapter, a test to determine the illegal use of any controlled

substance does not include a medical examination. (4) Division (N) of this section does not encourage, prohibit, or authorize, and shall

not be construed as encouraging, prohibiting, or authorizing, the conduct of testing

for the illegal use of any controlled substance by employees, applicants, or other

persons, or the making of employment decisions based on the results of that type of

testing. (O) This section does not apply to a religious corporation, association, educational

institution, or society with respect to the employment of an individual of a particular

religion to perform work connected with the carrying on by that religious corporation,

association, educational institution, or society of its activities. The unlawful discriminatory practices defined in this section do not make it unlawful

for a person or an appointing authority administering an examination under section 124.23 of the Revised Code to obtain information about an applicant's military status for the purpose of determining

if the applicant is eligible for the additional credit that is available under that

section.