Purpose:
This briefing document summarizes Ohio Senate Bill No. 70 (S.B. No. 70), also known as the Ohio Fairness Act. The primary purpose of this bill is to amend the Ohio Revised Code to prohibit discrimination on the basis of sexual orientation or gender identity or expression. Additionally, the bill seeks to add mediation as an informal method that the Ohio Civil Rights Commission (Commission) may utilize to resolve complaints and to uphold existing religious exemptions under Ohio law.
Key Provisions:
- Prohibition of Discrimination: S.B. No. 70 proposes to amend section 4112.01 of the Revised Code to clarify that discrimination because of sex includes discrimination because of a person’s sexual orientation or gender identity or expression. This would extend the protections against unlawful discriminatory practices to include these categories.
- Scope of Application: The bill refers to “this chapter” (Chapter 4112 of the Revised Code), which generally addresses discrimination in areas such as employment, housing, and public accommodations.
- The definitions provided in section 4112.01 cover a wide range of entities, including individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, receivers, and other organized groups of persons. It also includes owners, lessors, assignors, builders, managers, brokers, salespeople, appraisers, agents, employees, lending institutions, and the state and its political subdivisions.
- The definition of “employer” includes the state, any political subdivision, or a person employing four or more persons.
- “Place of public accommodation” is broadly defined to include inns, restaurants, public conveyances, theaters, stores, and any other place where accommodations, advantages, facilities, or privileges are available to the public.
- “Housing accommodations” include buildings or structures used as residences, dwelling units, or sleeping places, as well as vacant land offered for sale or lease.
- Mediation as an Informal Method: S.B. No. 70 amends section 4112.05 to explicitly add “mediation” to the list of informal methods that the Ohio Civil Rights Commission may use to attempt to resolve allegations of unlawful discriminatory practices other than those relating to employment. These informal methods also include conference, conciliation, and persuasion.
- Ohio Civil Rights Commission Procedures:
- The Commission can attempt to resolve allegations of unlawful discriminatory practices (excluding employment) through informal methods like mediation.
- Any person can file a charge with the Commission alleging an unlawful discriminatory practice. The process for filing a charge and the timelines differ slightly depending on the specific type of alleged discrimination.
- The Commission may conduct preliminary investigations.
- If the Commission determines it is probable that an unlawful discriminatory practice has occurred (excluding employment and certain housing discrimination cases), it will endeavor to eliminate the practice through informal methods, including mediation.
- If informal methods fail, the Commission may issue a complaint and schedule a hearing.
- Religious Exemptions: The bill explicitly states in Section 3 that “This act upholds existing religious exemptions currently in Ohio law”. This indicates that the proposed changes are not intended to infringe upon existing religious liberties as defined under current Ohio law.
In summary, S.B. No. 70, the Ohio Fairness Act, aims to expand Ohio’s anti-discrimination laws to include sexual orientation and gender identity or expression, provide the Ohio Civil Rights Commission with mediation as an additional tool for resolving non-employment related discrimination complaints, and preserve existing religious exemptions.