The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
H. B. No. 488 As IntroducedAs Introduced
|128th General Assembly|
Representatives Harris, Pillich
Representatives Hagan, Dodd, Foley, Yuko, Domenick, Skindell, Phillips, Lehner, Letson, Okey, Dyer, Patten, Garland, Celeste, Murray
To amend section 4112.01 and to enact section 4113.12
of the Revised Code to expand the prohibition
against discrimination because of or on the basis
of sex to prohibit discrimination because of or on
the basis of lactation and to require employers to
allow an employee to express breast milk while at
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4112.01 be amended and section
4113.12 of the Revised Code be enacted to read as follows:
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers, and other organized
groups of persons. "Person" also includes, but is not limited to,
any owner, lessor, assignor, builder, manager, broker,
salesperson, appraiser, agent, employee, lending institution, and
the state and all political subdivisions, authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political subdivision
of the state, any person employing four or more persons within the
state, and any person acting directly or indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any employer
but does not include any individual employed in the domestic
service of any person.
(4) "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.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by any other
person pursuant to authorization of the owner, by the owner, or by
the owner's legal representative.
(11) "Restrictive covenant" means any specification limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, military
status, familial status, national origin, disability, or ancestry,
or any limitation based upon affiliation with or approval by any
person, directly or indirectly, employing race, color, religion,
sex, military status, familial status, national origin,
disability, or ancestry as a condition of affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations incorporated
for cemetery purposes.
(13) "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.
(14) Except as otherwise provided in section 4112.021 of the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years of
age and who are domiciled with a parent or guardian having legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of securing
legal custody of any individual who is under eighteen years of
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but not
limited to, mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
(b) "Physical or mental impairment" does not include any of
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from the
current illegal use of a controlled substance or the current use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for a
family of one or more persons.
(18) "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
(19) "Public use areas" means interior or exterior rooms or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in
the uniformed services" as defined in section 5923.05 of the
(23) "Aggrieved person" includes both of the following:
(a) Any person who claims to have been injured by any
unlawful discriminatory practice described in division (H) of
section 4112.02 of the Revised Code;
(b) Any person who believes that the person will be injured
by, any unlawful discriminatory practice described in division (H)
of section 4112.02 of the Revised Code that is about to occur.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, lactation,
or related medical conditions. Women affected by pregnancy,
childbirth, lactation, or related medical conditions shall be
treated the same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as other
persons not so affected but similar in their ability or inability
to work, and nothing in division (B) of section 4111.17 of the
Revised Code shall be interpreted to permit otherwise. This
division shall not be construed to require an employer to pay for
health insurance benefits for abortion, except where the life of
the mother would be endangered if the fetus were carried to term
or except where medical complications have arisen from the
abortion, provided that nothing in this division precludes an
employer from providing abortion benefits or otherwise affects
bargaining agreements in regard to abortion.
Sec. 4113.12. (A) An employer shall provide to each lactating
employee reasonable, unpaid time each day to permit the lactating
employee to express breast milk. To the extent possible and
practicable, this time shall run concurrently with any break time
already provided to the employee.
(B) An employer shall permit a lactating employee to express
breast milk in accordance with division (A) of this section for as
long as the lactating employee can demonstrate that the employee
(C) An employer shall make a reasonable effort to provide a
sanitary room or other area in close proximity to the work area,
that is not a toilet stall, where a lactating employee can express
breast milk in privacy. This location may include the employee's
normal work area if the area meets the requirements of this
(D) No employer shall violate division (A), (B), or (C) of
this section. A violation of division (A), (B), or (C) of this
section is an unlawful discriminatory practice under section
4112.02 of the Revised Code. A woman who believes she is injured
by a violation of division (A), (B), or (C) of this section may
file a complaint with the Ohio civil rights commission in
accordance with the requirements specified in section 4112.05 of
the Revised Code. The commission shall follow the procedures
specified in that section for complaints filed for violations of
division (A) of section 4112.02 of the Revised Code, as
appropriate, regarding that complaint.
(E) The director of development, in consultation with the
civil rights commission, shall provide information, whether in
paper, electronic, internet, or other format, to connect employers
with resources that provide information and assistance on
appropriate current methods to accommodate lactating mothers in
Section 2. That existing section 4112.01 of the Revised Code
is hereby repealed.