547.01 Definitions.
547.02 Unlawful discriminatory practices defined and prohibited.
547.03 Creation of Fair Employment Practices Board; meetings.
547.04 Duties and powers of the Board.
547.05 Civil Rights Attorney.
547.06 Complaint procedure.
547.07 Enforcement by the Board.
547.08 Injunctive and other civil relief.
547.09 Limitation of jurisdiction and termination of pending proceedings.
547.10 Construction.
547.11 Continuance of pending proceedings.
547.12 Strike replacement workers and private security guards; criminal background checks; disqualification from employment.
547.99 Penalty.
CROSS REFERENCES
Ohio Civil Rights Commission - see Ohio R.C. Ch. 4112
Open meetings - see ADM. Ch. 109
As used in this chapter:
(a) "Age," for the purpose of this chapter, means 40 years of age and older.
(b) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.
(c) "Discrimination" or "to discriminate" means and includes any act, practice or course of conduct constituting or resulting in inequality of treatment of any person because of race, age, religion, color, ancestry, national origin, disability, sexual orientation or gender identity, in the area of matters relating to employment.
(d) "Employee" includes all persons except those engaged in domestic service, personal service or an employee of an organization or institution whose services are limited to members of a single religious faith or race or national group.
(e) "Employer" includes the City and any officer or employee thereof, any person employing four or more persons, and any person acting in the interest of an employer, directly or indirectly.
(f) "Employment agency" means any person, company, partnership, association or corporation, which undertakes with or without compensation to procure opportunities to work, recruit, refer or place employees.
(g) "Labor organization" means any organization which exists for the purpose in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid and protection in relation to employment.
(h) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. It also includes the City of Canton and any officer or employee thereof. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever" as applied to partnerships, unions or associations, shall mean the partners or members thereof who knowingly participate in acts of discrimination; and as applied to a corporation, the officers thereof.
(i) "The Board" means the City Fair Employment Practices Board as created by Section 547.03.
(j) "Unlawful discriminatory employment practice" means any activity or act prohibited by Section 547.02.
(Ord. 153-2012. Passed 9-24-12.)
The following acts or activities shall be unlawful discriminatory employment practices and prohibited:
(a) For any employer, because of the race, age, disability, color, religion, gender identity, national origin, sexual orientation or ancestry of any person, to refuse to hire or otherwise discriminate against that person or his or her spouse, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment.
(b) For any employment agency, because of race, age, disability, color, religion, gender identity, national origin, sexual orientation or ancestry of any person to:
(1) Refuse or fail to accept, register, classify properly, or refer for employment, or otherwise to discriminate against any person.
(2) Comply with a request from an employer for referral of applicants for employment, if the request or any other matters known to such employment agency reasonably indicate, directly or indirectly, that the employer engages in or will engage in a discriminatory practice, in connection with the hiring of any employee.
(c) For any labor organization to:
(1) Limit or classify its membership on the basis of race, age, disability, color, religion, gender identity, national origin, sexual orientation or ancestry of any person.
(2) Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours or conditions of any person as an employee because of race, age, disability, color, religion, gender identity, national origin, sexual orientation or ancestry of any person.
(d) For any employer, labor organization or joint labor-management committee controlling apprenticeship training programs, to discriminate against any person because of race, age, disability, color, religion, gender identity, national origin, sexual orientation or ancestry of any person in admission to or employment in any program established to provide apprentice training.
(e) Except where based upon a bona fide occupational qualification, certified in advance by the Board for any employer, employment agency or labor organization, prior to the employment or admission to membership, to:
(1) Elicit or attempt to elicit any information concerning the race, age, disability, color, religion, gender identity, national origin, military status, sexual orientation or ancestry of an applicant for employment or membership.
(2) Make or keep a record of the race, age, disability, color, religion, gender identity, national origin, military status, sexual orientation 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, age, disability, color, religion, gender identity, national origin, military status, sexual orientation or ancestry of any person, with the exception that an employer being a party to a contract with the United States government or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of citizenship when required to do so to comply with federal law, and may retain such proof of citizenship 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, age, disability, color, religion, gender identity, national origin, military status, sexual orientation or ancestry of any person.
(5) Announce or follow a policy denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, age, disability, color, religion, gender identity, national origin, military status, sexual orientation or ancestry of the persons in such group.
(6) Use, in the recruitment or hiring of persons, any employment agency, placement service, training school or center, labor organization or any other employee referring source known to discriminate against persons because of their race, age, disability, color, religion, gender identity, national origin, military status, sexual orientation or ancestry of any person.
(f) For any person to discriminate in any manner against any other person because he has opposed any practice defined in this chapter, or because he has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this chapter.
(g) For any person, willingly or knowingly, whether or not an employer, employment agency or labor organization, to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unfair employment practice or to prevent any person from complying with the provisions of this chapter or any order issued hereunder.
(Ord. 153-2012. Passed 9-24-12.)
Loading...