(A) It shall be an unlawful discriminatory practice, except where based upon applicable federal regulations:
(1) For any employer, because of an individual being in a protected class to fire without cause, to refuse to hire, or otherwise to discriminate against that individual with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.
(2) For any employment agency to establish, announce, or follow a policy of denying or limiting the membership opportunities of any individual or group of individuals because of their inclusion in a protected class, or to comply with a request from an employer if the request directly or indirectly indicates that the employer fails to comply with the divisions of this chapter.
(3) For any labor organization to limit or restrict its membership because of an individual being in a protected class or to discriminate against or limit the employment opportunities of any individual as an employee because of that individual being in a protected class.
(4) For any employer, employment agency, or labor organization to publish or circulate, or to cause to be published or circulated, any notice or advertisement relating to employment or membership which indicates any preference, limitation, specifications, or discrimination based upon a protected class.
(5) For any employment agency to refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against any individual because of their membership in a protected class.
(6) For any employer, employment agency, or labor organization to use in the recruitment or hiring of individuals, any employment agency, placement service, labor organization, training school or center, or any other employee-referring source, proven to discriminate against individuals because of an individual’s protected class.
(7) For any labor organization to discriminate against any individual or limit that individual's employment opportunities, or otherwise adversely affect that individual's status as an employee, or that individual's wages, hours, or employment conditions, because of their membership in a protected class.
(8) For an employment agency to comply with, accommodate, or otherwise assist with locating an employee related to a request from an employer if the request indicates, directly or indirectly, that the employer fails, or may fail, to comply with this chapter.
(9) For any labor organization to limit or classify its membership on the basis of any protected class.
(10) Except where based on a bona fide occupational qualification certified in advance by an agency of the state or federal government or a political subdivision, for any employer, employment agency, personnel placement service, or labor organization, prior to employment or admission to membership, to either:
(a) Elicit or attempt to elicit any information concerning the protected class status of an applicant for employment or membership;
(b) Use any form of application for employment or personnel or membership seeking to elicit information regarding an individual's protected class status. However, an employer, employment agency, or labor organization holding a contract with the government of the United States may be required to follow federal law as a condition of the contract.
(11) For any employer, employment agency or labor organization to discriminate against any individual because that individual has opposed any practice forbidden by this chapter, or because that individual has made a complaint or assisted in any manner in any investigation or proceeding under § 140.05.
(12) For any employer to discriminate against an individual with a disability by:
(a) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;
(b) Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such employer to make reasonable accommodations to the physical or mental impairments of the employee or applicant;
(c) Failing to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individuat who is an applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer;
(d) Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, on the basis of such disabled individual's use of a service animal, provided nothing in this section shall be construed to require any employer, as a reasonable accommodation, to provide a service animal to a disabled individual.
(13) For any employer to discriminate against a birth parent because of pregnancy, childbirth, or related medical conditions for any employment-related purposes, including receipt of benefits under fringe benefit programs, or to fail to treat a birth parent with pregnancy related conditions the same as other individuals not so affected but similar in their ability or inability to work.
(14) It shall be an unlawful employment practice for a covered entity to:
(a) Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;
(b) Require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform their job;
(c) Deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;
(d) Require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee; or
(e) Take adverse action in terms, conditions, or privileges of employment against an employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.
(15) For any employer to discriminate against an employee or potential employee because of age in offering any job opening or in the discharge of an employee without just cause who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.
(B) With regard to age, it shall not be an unlawful discriminatory practice and it shall not constitute a violation of this chapter for any employer, employment agency, joint labor-management committee controlling apprenticeship training programs, or labor organization to:
(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," 29 U.S.C.A. 623, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 29 U.S.C.A. 623, as amended, or as later amended;
(3) Retire an employee who has attained 65 years of age who, for the two-year period immediately before retirement, was 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, which equals, in the aggregate, at least $44,000, in accordance with the conditions of the "Age Discrimination in Employment Act Amendment of 1978," 29 U.S.C.A. 631, as amended by the “Age Discrimination in Employment Act Amendments of 1986," 29 U.S.C.A. 631, as amended, or as later amended;
(4) Observe the terms of any bona fide apprenticeship program if the program is registered with the Ohio Apprenticeship Council pursuant to R.C. §§ 4139.01 to 4139.06 and is approved by the federal Committee on Apprenticeship of the United States Department of Labor.
(C) Nothing in this chapter shall be construed to prohibit any of 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 R.C. Chapters 145, 742, 3307, 3309, or 5505;
(2) The establishment of maximum age requirements for original appointment to a police department or fire department pursuant to R.C. §§ 124.41 and 124.42;
(3) Any establishment of a 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;
(4) Any establishment of a mandatory retirement provision not in conflict with federal law, a municipal charter, municipal ordinance, or resolution of a board of township trustees pertaining to police officers and firefighters.
(D) Nothing in this section shall be construed to require an individual with a disability to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the individual 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 an individual with a disability in a job that requires the individual with a disability routinely to undertake any task, the performance of which is substantially and inherently impaired by the individual's disability.
(E) Nothing in this chapter shall prohibit an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee from:
(1) 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 no longer is engaging in the illegal use of any controlled substance. For purposes of this chapter, a test to determine the illegal use of any controlled substance does not include a medical examination;
(2) Prohibiting the illegal use of controlled substances and the use of alcohol at the workplace by employees;
(3) 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;
(4) Requiring that employees behave in conformance with the requirements established under "The Drug-Free Workplace Act of 1988," 41 U.S.C.A. 701, as amended;
(5) Holding an employee who engages in the illegal use of any controlled substance or who is an alcoholic 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;
(6) Exercising other authority recognized in the "Americans with Disabilities” Act of 1990," 42 U.S.C.A. 12101, as amended, including, but not limited to, requiring employees to comply with any applicable federal standards.
(F) For any person, whether or not an employer, employment agency or labor organization, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful discriminatory practice, or to obstruct or prevent any person from enforcing or complying with the provisions of this section, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from enforcing or complying with the provisions of this section.
(G) 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.
(Ord. 81-21, passed 11-15-21)