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Oberlin Overview
Codified Ordinances of Oberlin, OH
CODIFIED ORDINANCES OF THE CITY OF OBERLIN, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
CONTENTS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF OBERLIN, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - BUILDING CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVEN - BUSINESS REGULATION CODE
      Chap. 703.    Unlawful Discrimination.
Chap. 705.    Alarm Systems.
Chap. 711.    Billiard Rooms, Poolrooms and Bowling Alleys.
Chap. 721.    Debt Pooling Companies. (Repealed)
Chap. 731.    Mechanical Amusement Devices.
Chap. 741.    Motor Buses.
Chap. 751.    Solicitations at Residences.
Chap. 761.    Rooming Houses.
Chap. 771.    Taxicabs. (Repealed)
Chap. 775.    CATV.
Chap. 781.    Newsracks.
Chap. 785.    Garage Sales.
Chap. 791.    Licensing of Sexually Oriented Businesses.
Chap. 795.    Operation of Sidewalk Cafes, Business Uses on Downtown Sidewalks and Outdoor Dining Facilities.
Chap. 797.    Mobile Food Vehicles.
Chap. 798.    Downtown Sidewalk Signs.
CHAPTER 703
Unlawful Discrimination
703.01    Declaration of policy.
703.02    Definitions.
703.03    Unlawful discriminatory employment practices.
703.04    Unlawful discriminatory housing practices.
703.05    Unlawful discriminatory practices in public accommodations.
703.06    Proceedings on complaint.
703.07    Failure to comply with a subpoena.
703.08    Failure to comply with an order of the Hearing Officer.
703.09    Failure to pay financial sanctions imposed by the Hearing Officer.
703.10    Appeal.
703.11    No liability for enforcement.
703.12    Preservation of free exercise.
703.13    Other remedies not precluded.
CROSS REFERENCES
Equal employment opportunities - see ADM. Ch. 157
703.01 DECLARATION OF POLICY.
   It is declared to be the policy of the City of Oberlin, in the exercise of its police powers, for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good government, to assure equal opportunity to all persons, free from restrictions because of sexual orientation, gender identity or expression. This chapter is established as a means of enforcement of that policy and shall be liberally construed for the accomplishment of that purpose.
(Ord. 20-64AC CMS. Passed 1-4-21.)
703.02 DEFINITIONS.
   As used in this Chapter:
   (a)    “Aggrieved individual” means an individual who claims to have been injured by an unlawful discriminatory act or practice described in this Chapter.
   (b)    “Code Administrator” means that individual appointed to be the Code Administrator pursuant to the provisions of the Oberlin Codified Ordinances.
   (c)    “City” means the City of Oberlin Ohio.
   (d)    “Commercial Purposes” means the conduct of any activity for financial gain but does not include the non-secular activities of a Religious Organization in the engagement of the exercise of its religion.
   (e)    “Commission” means the Oberlin Human Relations Commission or such comparable agency as Council may approve.
   (f)    “Common use areas” means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of the building or their guests, and includes, but is not limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.
   (g)    “Complainant” means an Aggrieved Individual who, pursuant to the provisions of this chapter, files with the Code Administrator a written Complaint alleging an unlawful discriminatory act or practice.
   (h)    “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)    “Discriminate” means to differentiate and treat differently, including to segregate or separate.
   (j)    “Employee” means an individual employed by any Employer but does not include any individual employed in the domestic service of any person.
   (k)    “Employer” includes any person who regularly employs for compensation four or more individuals, excluding the Employer’s parent(s), spouse, and children, including any person acting directly or indirectly in the interest of an Employer, provided “Employer” does not include the State of Ohio, an agency of State of Ohio or the federal government. The term “Employer” shall include the City.
   (l)    “Employment Agency” includes any person regularly undertaking, with or without compensation, to procure opportunities for employment or to procure, recruit, refer, or place employees.
   (m)    “Gender Identity or Expression” shall have the same meaning as is set forth in Section 157.01 of these Codified Ordinances.
   (n)    “Hearing Officer” means a neutral independent contractor, licensed to practice law in the State of Ohio, hired by the City, to conduct an administrative hearing based on a Complaint filed pursuant to the provisions of this Chapter.
   (o)    “Labor organization” includes any organization that exists, in whole or in part, for the purpose of collective bargaining or of dealing with Employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in relation to employment.
   (p)    “Law Director” means the individual appointed by Council, pursuant to Article XVIII of the Oberlin Charter, or his or her assistant(s).
   (q)    “Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of individuals. "Person" as applied to partnerships or other associations, includes their members and as applied to corporations, includes those officers having control over any Unlawful Discriminatory Act falling within this chapter.
   (r)    “Place of Public Accommodation” means any inn, restaurant, cafeteria, hotel, motel, bank or other financial services institution, barbershop, public conveyance by air, land, or water, theater, store or other place for the sale of merchandise or for the provision of services to the public, or any other place where the accommodations, advantages, facilities, or privileges are made available to the public, provided it shall not apply to an agency of government other than the City.
   (s)    “Protected Class” means a classification of individuals based on one or more of the following characteristics: Sexual Orientation, Gender Identity or Expression.
   (t)    “Public Use Areas” means interior or exterior rooms or spaces of a privately owned building that are made available to the public.
   (u)    “Religious Organization” means a “Place of Worship” as defined in Section 1321.71 of the City of Oberlin Zoning Ordinance, a not-for profit church or integrated auxiliary of a church, as those terms are used by the United States Internal Revenue Service and any school that incorporates substantial religious teachings or religious practices of that church in that school. Religious Organization does not include any hospital or medical facility that offers medical services to the public.
   (v)    “Respondent” means the person who is alleged to have committed or is alleged to be committing unlawful discriminatory act(s) or practices and who is identified in a written Complaint filed by a Complainant.
   (w)    “Sexual Orientation” shall have the same meaning as is set forth in Section 157.01 of these Codified Ordinances.
   (x)    “Unlawful discriminatory practice” means any act or practice prohibited by this Chapter. (Ord. 20-64AC CMS. Passed 1-4-21.)
703.03 UNLAWFUL DISCRIMINATORY EMPLOYMENT PRACTICES.
   (a)    It shall be an unlawful discriminatory employment practice:
      (1)    For any Employer, because of an individual being in a Protected Class, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that individual with respect to hiring, compensation, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.
      (2)    For an Employment Agency or personnel placement service, because of an individual being in a Protected Class, to do any of the following:
         A.    Refuse or fail to accept, register, classify properly, or refer for employment, or otherwise discriminate against any individual;
         B.    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 this chapter.
      (3)    For any Labor Organization to do any of the following:
         A.    Limit or restrict its membership based on an individual being in a Protected Class;
         B.    Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours, or employment conditions of any individual as an employee because of that individual being in a Protected Class.
      (4)    For any Employer or Labor Organization to discriminate against any individual because of that individual being in a Protected Class, in admission to, or employment in, any program established to provide apprentice training.
      (5)    For any Employer, employment agency, personnel placement service, or labor organization, prior to employment or admission to membership, to do any of the following:
         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 blank, seeking to elicit information regarding an individual’s Protected Class status;
         C.    Utilize in the recruitment or hiring of individuals any employment agency, personnel placement service, training school or center, labor organization, or any other employee-referring source known to discriminate against individuals because of their being in a Protected Class.
   (b)   This section does not apply to a Religious Organization with respect to the employment of an individual of a particular religion to perform work connected with the carrying on of the activities of the Religious Organization.
   (c)    Whoever violates this section is guilty of an unlawful discriminatory employment practice. (Ord. 20-64AC CMS. Passed 1-4-21.)
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