CHAPTER 628
Fair Housing and Employment
628.01   Definitions.
628.02   Unlawful discriminatory practices.
628.03   Violation.
628.035   Intimidation in connection with housing.
628.04   Allowable preferences.
628.05   Exceptions for the handicapped.
628.06   Human Rights Board.
628.07   Complaint procedure; hearings.
628.08   Scope.
628.09   Award of damages.
   CROSS REFERENCES
   Interfering with civil rights - see GEN. OFF. 606.20 
   Ethnic intimidation - see GEN. OFF. 636.23
628.01   DEFINITIONS.
   As used in this chapter:
   (a)   “Burial lot” means a lot for the burial of a deceased person in a public burial ground or cemetery, including, but not limited to, a cemetery owned and operated by a municipal corporation, township or company or association incorporated for cemetery purposes.
   (b)   “Commission” means the Human Relations Commission of the Municipality.
   (c)   “Discriminate” includes the words “segregate” and “separate.”
   (d)   “Employee” does not include an individual employed in the domestic service of any person.
   (e)   “Employer” includes the State or a political or civil subdivision thereof, a person employing four or more persons in the State and a person acting, directly or indirectly, in the interest of an employer.
   (f)   “Employment agency” includes a person who regularly undertakes, with or without compensation, to procure opportunities to work or to procure, recruit, refer or place employees.
   (g)   “Handicap” means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable by good medical practice, which can reasonably be expected to limit a person's functional ability, including, but not limited to, seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, sitting, rising, any function related thereto or any limitation due to weakness and significantly decreased endurance, so that he or she cannot perform his or her everyday living and working routine without significantly increased hardship and vulnerability to what are considered the everyday obstacles and hazards encountered by the nonhandicapped.
   (h)   “Housing accommodations” includes:
      (1)   A building or structure, or a portion thereof, which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence or sleeping place of one or more persons, groups or families whether or not living independently of each other;
      (2)   Any vacant land offered for sale or leased for commercial housing; and
      (3)   Housing accommodations held or offered for sale or rent by a real estate broker, salesman or agent or by the owner himself or herself, his or her legal representative or any other person authorized by the owner.
   (i)   “Labor organization” includes an 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 or protection in relation to employment.
   (j)   “Person” includes, but is not limited to, any individual, partnership, association, organization, corporation, legal representative, trustee, trustee in bankruptcy, receiver or other organized group of persons or any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee or lending institution. “Person” also includes the State or any political subdivision, authority, agency, board or commission thereof.
   (k)   “Place of public accommodation” means an inn; restaurant; eating house; barber shop; public conveyance by air, land or water; theater; store or other place for the sale of merchandise; or any other place where the accommodations, advantages, facilities or privileges thereof are available to the public.
   (l)   “Restrictive covenant” means a specification limiting the transfer, rental, lease or other use of any housing because of race, color, religion, sex, national origin, ancestry or handicap, or a limitation based upon affiliation with or approval by a person, directly or indirectly, employing race, color, religion, sex, national origin, ancestry or handicap as a condition of affiliation or approval.
   (m)   “Unlawful discriminatory practice” means an act prohibited by Section 628.02.
(Ord. 7-78. Passed 3-6-78.)
628.02   UNLAWFUL DISCRIMINATORY PRACTICES.
   It is an unlawful discriminatory practice:
   (a)   Employers. For an employer, because of the race, color, religion, sex, national origin, ancestry or handicap of a person, to refuse to hire or otherwise to discriminate against such person with respect to hiring; tenure; terms, conditions or privileges of employment; or any matter directly or indirectly related to employment any matter directly or indirectly related to employment;
   (b)   Employment Agencies. For an employment agency, because of race, color, religion, sex, national origin, ancestry or handicap to
      (1)   Refuse or fail to accept, register, classify properly or refer for employment, or otherwise discriminate against, any person; or
      (2)   Comply with a request from an employer for referral of applicants for employment if the request indicates, directly or indirectly, that the employer fails to comply with this section
   (c)   Labor Organizations. For a labor organization to:
      (1)   Limit or classify its membership on the basis of race, color, religion, sex, national origin, ancestry or handicap; or
      (2)   Discriminate against, limit the employment opportunities of or otherwise adversely affect the employment status, wages, hours or employment condition of, a person as an employee because of race, color, religion, sex, national origin, ancestry or handicap;
   (d)   Apprenticeship Training Programs. For an employer, labor organization or joint labor-management committee controlling apprentice training programs to discriminate against a person, because of race, color, religion, sex, national origin, ancestry or handicap, in admission to or employment in, any program established to provide apprentice training;
   (e)   Generally. Except where based on a bona fide occupational qualification certified in advance by the Human Relations Commission, for an employer, employment agency or labor organization, prior to employment or admission to membership thereby or therein, to:
      (1)   Inquiries. Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, ancestry or handicap of an applicant for employment or membership;
      (2)   Records. Records. Make or keep a record of the race, color, religion, sex, national origin, ancestry or handicap of an applicant for employment or membership;
      (3)   Applications and membership blanks. Use a form of application for employment, or a personnel or membership blank, which seeks to elicit information regarding race, color, religion, sex, national origin, ancestry or handicap. However, an employer holding a contract containing a nondiscrimination clause with the government of the United States, or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of United States citizenship, may
retain such proof in the employer’s personnel records and may use photographic or fingerprint identification for security purposes;
      (4)   Notices and advertisements. Print or publish, or cause to be printed or published, a notice or advertisement relating to employment or membership which indicates any preference, limitation, specification or discrimination, based on race, color, religion, sex, national origin, ancestry or handicap;
      (5)   Discriminatory policies. Announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of a group because of the race, color, religion, sex, national origin, ancestry or handicap of such group; or
      (6)   Discriminatory sources. Utilize, in the recruitment or hiring of persons, an employment agency, placement service, training school or center, labor organization or other employee-referring source, known to discriminate against persons because of their race, color, religion, sex, national origin, ancestry or handicap.
   (f)   Advertising by Job Seekers. For a person seeking employment to publish or cause to be published an advertisement which specifies or in any manner indicates such person’s race, color, religion, sex, national origin, ancestry or handicap, or expresses a limitation or preference as to the race, color, religion, sex, national origin, ancestry or handicap of a prospective employer;
   (g)   Public Accommodations. For a proprietor, employee, keeper or manager, of a place of public accommodation to deny to a person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, national origin, ancestry or handicap, the full enjoyment of the accommodations, advantages, facilities or privileges thereof;   
   (h)   Housing Accommodations.   For a person to:    
      (1)   Refusal to supply. Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold, housing accommodations from a person because of the race, color, religion, sex, national origin, ancestry or handicap of a prospective owner, occupant or user of such housing accommodations;    
      (2)   Misrepresentation of availability. Represent to a person that housing is not available for inspection when, in fact, it is so available;     
      (3)   Refusal to finance. Refuse to lend money to, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, or otherwise withhold financing of housing from, a person because of the race, color, religion, sex, national origin, ancestry or handicap of a present or prospective owner, occupant or user of such housing, provided that such person lends money as one of the principal aspects of, or incident to, his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she is selling or merely casually or occasionally to a relative or friend;   
      (4)   Discrimination in supplying. Discriminate against a person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing, because of the race, color, religion, sex, national origin, ancestry or handicap of a present or prospective owner, occupant or user of such housing;   
      (5)   Discrimination in financing. Discriminate against a person in the terms or conditions of a loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing because of the race, color, religion, sex, national origin, ancestry or handicap of a present or prospective owner, occupant or user of such housing;   
      (6)   Prejudicial consideration of income. 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 thereof;    
      (7)   Statements and advertisements. Print, publish or circulate a statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, national origin, ancestry or handicap;
      (8)   Inquiries, applications and records. Make an inquiry, elicit any information, make or keep a record or use a form of application, containing questions or entries concerning race, color, religion, sex, national origin, ancestry or handicap in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing;
      (9)   Restrictive covenants. Include, in any transfer, rental or lease of housing, or honor or exercise, or attempt to honor or exercise, a restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title is not deemed a violation of this paragraph;
      (10)   Inducing or soliciting. Induce, solicit or attempt to induce or solicit a housing listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located, or induce, solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of a race, color, religion, sex, national origin, ancestry or handicap in the area will or may have results such as the following:
         A.   The lowering of property values;
         B.   A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;
         C.   An increase in criminal or antisocial behavior in the area; or
         D.   A decline in the quality of the schools serving the area;
      (11)   Denial of services or membership. Deny a person access to, or membership or participation in, a multiple-listing service, real estate broker’s organization or other service, organization or facility relating to the business of selling or renting housing accommodations, or discriminate against a person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, national origin, ancestry or handicap;
      (12)   Coercing, injury, intimidation or interfering.
         A.   Coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment of, or on account of such 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 this subsection; or
         B.   Whether or not acting under color of law, by force or threat of force, willfully injure, intimidate or interfere with or attempt to injure, intimidate or interfere with a person:
            1.   Because of race, color, religion, sex, national origin, ancestry or handicap and because such person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of, a dwelling or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;
            2.   Because such person is or has been, or in order to intimidate such person or any other person or class of persons from:
               A.   Participating, without discrimination on account of race, color, religion, sex, national origin, ancestry or handicap, in any of the activities, services, organizations or facilities described in paragraph (h)(12)B.1. hereof; or
               B.   Affording another person or class of persons opportunity or protection to so participate; or
            3.   Because such person is or has been participating, or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, ancestry or handicap in any of the activities, services, organizations or facilities described in paragraph (h)(12)B.1. hereof or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate; or
      (13)   Discouraging prospective purchasers. Discourage or attempt to discourage the purchase, by a prospective purchaser, of a housing unit by representing that a block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition thereof.
   (i)   Denial or Withholding of Burial Lot. Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from a person because of the race, color, religion, sex, national origin, ancestry or handicap of a prospective owner or user of such lot;
   (j)   Retaliation. For a person to discriminate in any manner against another person because such person has opposed any unlawful practice as set forth in this section, or because that person bas made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing in connection with this section; or
   (k)   Aiding, Abetting and Coercing. For a person to aid, abet, incite, compel or coerce the doing of an act declared by this section to be an unlawful discriminatory practice; obstruct or prevent a person from complying with any of the provisions of this section, or any order issued thereunder; or attempt, directly or indirectly, to commit an act declared by this section to be an unlawful discriminatory practice.
(Ord. 7-78. Passed 3-6-78.)
628.03   VIOLATION.
   No person shall be responsible for an unlawful discriminatory practice, as set forth in Section 628.02.
628.035   INTIMIDATION IN CONNECTION WITH HOUSING.
   (a)   No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with any of the following:
      (1)   Any person because of race, color, religion, sex, familial status, as defined in Ohio R.C. 4112.01, national origin, military status as defined in that section, disability as defined in that section, or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any housing accommodations, or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations.
      (2)   Any person because that person is or has been doing, or in order to intimidate that person or any other person or any class of persons from doing either of the following:
         A.   Participating, without discrimination on account of race, color, religion, sex, familial status, as defined in Ohio R.C. 4112.01, national origin, military status as defined in that section, disability as defined in that section, or ancestry, in any of the activities, services, organizations, or facilities described in division (a)(1) of this section;
         B.   Affording another person or class of persons opportunity or protection so to participate.
      (3)   Any person because that person is or has been, or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status as defined in Ohio R.C. 4112.01, national origin, military status as defined in that section, disability as defined in that section, or ancestry, in any of the activities, services, organizations, or facilities described in division (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.   
   (b)   Whoever violates division (a) of this section is guilty of a misdemeanor of the first degree.
(ORC 2927.03)
628.04   ALLOWABLE PREFERENCES.
   Nothing in Section 628.02(h) shall bar a religious or denominational institution or organization, a charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization or a bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination, or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.
(Ord. 7-78. Passed 3-6-78.)
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