Discrimination in employment - see ADM. 161.01, 161.02
2331.01 Definitions.
(A) As used in Chapter 2331 of the Columbus City Codes: (1) "Person"
includes one (1) or more individuals, partnerships, associations, organizations,
corporations, legal representatives, trustees, trustees in bankruptcy,
receivers, and other organized groups of persons. It also includes, but is not
limited to, any owner, lessor, assignor, builder, manager, broker, salesman,
agent, employee, lending institution; and the city of Columbus, and all
political subdivisions, authorities, agencies, boards and commissions
thereof. (2) "Employer" means any person who employs four (4) or more
persons, within the city of Columbus, including the city of Columbus, its
departments, boards, commissions, and authorities. (3) "Employee" does not
include any individual employed in the domestic service of any
person. (4) "Labor organization" includes any 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. (5) "Employment agency"
means any persons regularly undertaking with or without compensation, to procure
opportunities for employment or to procure, recruit, refer, or place
employees. (6) "Discriminate and discrimination" includes segregate or
separate and any difference in treatment based on race, sex, sexual orientation,
color, religion, ancestry, national origin or place of birth. (7) "Unlawful
discriminatory practice" means any act prohibited by Title 23, Chapter 2331 of
the Columbus City Codes. (8) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air, land or water,
theater, store, or other place for the sale of merchandise, or any other place
of public accommodation or amusement where the accommodation, advantages,
facilities, or privileges thereof are available to the public, or a private club
which has more than two hundred (200) members, provides regular meal service and
regularly receives payment for dues, fees, use of space, facilities, services,
meals or beverages directly or indirectly from or on behalf of nonmembers for
the furtherance of trade or business. "Place of public accommodation" does not
mean a benevolent corporation incorporated as such or a religious corporation
incorporated as such under the laws of Ohio. (9) "Housing accommodations"
includes any building or structure or portion thereof which is used or occupied
or is intended, arranged, or designed to be used or occupied as a home residence
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. It also includes any housing accommodations held or offered for sale
or rent by a real estate broker, salesman, or agent, or by any other person
pursuant to authorization of the owner, by the owner, or by such person’s
legal representative. (10) "Restrictive covenant" means any specification in
a deed, land contract or lease limiting the use of any housing because of race,
sex, sexual orientation, color, religion, national origin, or ancestry, or any
limitation based upon affiliation with or approval by any person, directly or
indirectly, employing race, sex, sexual orientation, color, religion, national
origin, or ancestry as a condition of affiliation or approval. (11) "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 the city of Columbus or companies or associations incorporated for cemetery
purposes. (12) "Sexual orientation" means a person’s actual or
perceived homosexuality; bisexuality; or heterosexuality, by orientation or
practice, by and between consenting adults. (13) "Racial profiling" means to
stop, detain, investigate, search, seize or arrest an individual based on the
racial or ethnic status of such individual except when based upon a physical
description of a suspect in a criminal or traffic offense. The use of race or
ethnicity as a factor for determining the existence of reasonable suspicion
and/or probable cause in the absence of actual physical evidence or observations
linking that individual to a crime constitutes a violation of Section 2331.07 of
this chapter. (14) "Age" means at least forty (40) years old. (15)
"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. (16)(a) "Except as
provided in division (b) of this subsection, "physical or mental impairment"
includes any of the following: (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;
genitor-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, blood disorders 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, sickle cell, human immunodeficiency virus infection, mental
retardation, emotional illness, drug addiction, and
alcoholism. (b) "Physical or mental impairment" does not include any of the
following: (i) Pedophilia, exhibitionism, voyeurism, or other sexual
behavior disorders; (ii) Compulsive gambling, kleptomania, or
pyromania; (iii) Psychoactive substance use disorders resulting from current
illegal use of a controlled substance. (17) "Sex" means male or female. The
terms "because of sex" and "on the basis of sex" include pregnancy, any illness
arising out of and occurring during the course of a pregnancy, childbirth, or
related medical conditions. (18) "Gender identity or expression" means
having or being perceived as having gender-related identity, appearance,
expression, or behavior, whether or not that identity, appearance, expression,
or behavior is different from that traditionally associated with the
person’s actual or perceived sex. (19) "Familial status" means either
of the following: (i) One or more individuals who are under eighteen (18)
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; (ii) Any person who is pregnant or in the process of securing
legal custody of any individual who is under eighteen (18) years of
age. (iii) "Family" includes a single individual. (20) "Military status"
means a person’s status in "service in the uniformed services" as defined
in Section 5923.05 of the Ohio Revised Code. (21) "Service in the uniformed
services" means the performance of duty, on a voluntary or involuntary basis, in
a uniformed service, under competent authority, and includes active duty, active
duty for training, initial active duty for training, inactive duty for training,
full-time national guard duty, and performance of duty or training by a member
of the Ohio organized militia pursuant to Chapter 5923. of the Revised Code.
"Service in the uniformed services" includes also the period of time for which a
person is absent from a position of public or private employment for the purpose
of an examination to determine the fitness of the person to perform any duty
described in this division. (22) "Uniformed services" means the armed
forces, the Ohio organized militia when engaged in active duty for training,
inactive duty training, or full-time national guard duty, the commissioned corps
of the public health service, and any other category of persons designated by
the president of the United States in time of war or emergency. (Ord. 2535-94;
Ord. 1475 § 1 (part); Ord. 1865-2008 § 2 (part).)
2331.02 Fair housing.
(A) It shall be an unlawful discriminatory practice for any person to
recklessly: (1) Refuse to sell, transfer, assign, rent, lease, sublease,
finance or otherwise deny or withhold housing accommodations from any person
because of the race, sex, sexual orientation, gender identity or expression,
color, religion, ancestry, national origin, age, disability, familial status or
military status of any prospective owner, occupant, or user of such housing
accommodations; (2) Represent to any person that housing accommodations are
not available for inspection when in fact they are so available; (3) Refuse
to lend money, whether or not secured by mortgage or otherwise, for the
acquisition, construction, rehabilitation, repair, or maintenance of housing
accommodations or otherwise withhold financing of housing accommodations from
any person because of the race, sex, sexual orientation, gender identity or
expression color, religion, ancestry, national origin, age, disability, familial
status or military status of any present or prospective owner, occupant, or user
of such housing accommodations, provided such person, whether an individual,
corporation, or association of any type, lends money as one of the principal
aspects of their business or incidental to their principal business and not only
as apart of the purchase price of an owner occupied residence they are selling
nor merely casually or occasionally to a relative or
friend; (4) Discriminate against any person in the terms or conditions of
selling, transferring, assigning, renting, leasing or, subleasing any housing
accommodations or in furnishing facilities, services, or privileges in
connection with the ownership, occupancy or use of any housing accommodations
because of the race, sex, sexual orientation, gender identity or expression,
color, religion, ancestry, national origin, age, disability, familial status or
military status of any present or prospective owner, occupant, or user of such
housing accommodations; (5) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation, repair, or
maintenance of any housing accommodations because of the race, sex, sexual
orientation, gender identity or expression, color, religion, ancestry, national
origin, age, disability, familial status or military status of any present or
prospective owner, occupant, or user of such housing
accommodations; (6) Print, publish, or circulate any statement or
advertisement relating to the sale, transfer, assignment, rental, lease,
sublease, or acquisition of any housing accommodations or the loan of money,
whether or not secured by mortgage or otherwise, for the acquisition,
construction, rehabilitation, repair, or maintenance of housing accommodations
which indicates any preference, limitation, specification, or discrimination
based upon the race, sex, sexual orientation, gender identity or expression,
color, religion, ancestry, national origin, age, disability, familial status or
military status; (7) Make any inquiry, elicit any information, make or keep
any record, or use any form of application containing questions or entries
concerning the race, sex, sexual orientation, gender identity or expression,
color, religion, ancestry, national origin, age, disability, familial status or
military status in connection with the sale or lease of any housing
accommodations or the loan of any money, whether or not secured by a mortgage or
otherwise, for the acquisition, construction, rehabilitation, repair or
maintenance of housing accommodations. (8) Include in any deed, land
contract, or lease of accommodations any covenant, honor or exercise, or attempt
to honor or exercise, any covenant, that would prohibit, restrict, or limit the
sale, transfer, assignment, rental, lease, sublease, or finance of housing
accommodations to or for any person because of the race, sex, sexual
orientation, gender identity or expression, color, religion, ancestry, national
origin, age, disability, familial status or military status of any prospective
owner, occupant, or user of such housing accommodations provided that prior
inclusion of a restrictive covenant in the chain of title shall not be deemed a
violation of this provision; (9) Induce or solicit, or attempt to induce or
solicit, any housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur in the block, neighborhood,
or area in which the property is located, which change is related to the
presence or anticipated presence of persons of any race, sex, sexual
orientation, gender identity or expression, color, religion, ancestry, national
origin, age, disability, familial status or military status. (10) Induce or
solicit or attempt to induce or solicit, any housing accommodations listing,
sale, or transaction by representing that the presence or anticipated presence
of persons of any race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status in the area will or may have results such as the
following: (a) The lowering of property values; (b) An increase in
criminal or antisocial behavior in the area; or (c) A decline in the quality
of schools serving the area; (11) Discourage or attempt to discourage the
purchase by prospective purchasers of any housing accommodations by representing
that any block, neighborhood, or area has or might undergo a change with respect
to the race, sex, sexual orientation, gender identity or expression, color,
religion, ancestry, national origin, age, disability, familial status or
military status of the residents; (12) Deny any person access to or
membership or participation in any multiple listing service, real estate,
brokers’ organization, or other service, organization, or facility
relating to the business of selling or renting housing accommodations, or to
discriminate against them in the terms or conditions of such access, membership,
or participation, on account of race, sex, sexual orientation, gender identity
or expression, color, religion, national origin or ancestry, age, disability,
familial status or military status. (13) Coerce, intimidate, threaten, or
interfere with any person in the exercise or enjoyment of, or on account of
their having exercised or enjoyed, or on account of their having aided or
encouraged any other person in the exercise or enjoyment of, any right granted
or protected by this section; (14) 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) Any person because of
their race, sex, sexual orientation, gender identity or expression, color,
religion, national origin, ancestry, age, disability, familial status or
military status and because that person is or has been selling purchasing,
renting, financing, occupying or contracting or negotiating for the sale,
purchase, rental, financing, or occupation of any dwelling, or applying for or
participating in any service, organization, or facility relating to the business
of selling or renting housing accommodations; (b) Any person because that
person is or has been, or in order to intimidate such person or any other person
or any class of persons from: (1) Participating, without discrimination on
account of race, sex, sexual orientation, gender identity or expression, color,
religion, national origin, ancestry, age, disability, familial status or
military status in any of the activities, services, organizations, or facilities
described in division (A)(14)(a) of this section. (2) Affording another
person or class of persons opportunity or protection so to participate;
or (c) Discouraging any person from lawfully aiding or encouraging other
persons to participate, without discrimination on account of race, sex, sexual
orientation, gender identity or expression, color, religion, national origin,
ancestry, age, disability, familial status or military status in any of the
activities, services, organizations, or facilities described in division
(A)(14)(a) of this section, or participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to so participate; (15)
Refuse to sell, transfer, assign, rent or lease, sublease, finance or otherwise
deny or withhold a burial lot from any person because of the race, sex, sexual
orientation, gender identity or expression, color, religion, national origin,
ancestry, age, disability, familial status or military status of any prospective
owner or user of such lot; or (16) For any person to discriminate in any
manner against any other person because that person has opposed any unlawful
practice defined in Title 23, Chapter 2331 of the Columbus City Codes, or
because that person has made a charge, testified, assisted, or participated in
any manner, in any investigation, proceeding, or hearing under the provisions of
Title 23, Chapter 2331 of the Columbus City Codes. (B) Nothing in this
section shall bar any religious or denominational institution or organization,
or any charitable or educational organization, which is operated, supervised, or
controlled by or in connection with a religious organization, from giving
preference to persons of the same religion or denomination, or from making such
selection as is calculated by such organization to promote the religious
principles or the aims or purposes for which it is established or
maintained. (C) Nothing in this section shall bar any person from refusing
to rent, lease, or sublease any room, suite of rooms, or apartment to any person
because of sex if such room, suite of rooms, or apartment is located in a
building in which the only toilet and bathroom facilities provided for such
room, suite of rooms, or apartment are for the common use of all
occupants. (D) Whoever violates this section is guilty of a misdemeanor of
the first degree. (Ord. 2535-94; Ord. 1865-2008 § 2 (part).)
2331.03 Unlawful employment practices.
(A) It shall be an unlawful discriminatory practice, except where based
upon applicable national security regulations established by the United
States: (1) For any employer, because of the race, sex, sexual orientation,
gender identity or expression, color, religion, national origin, ancestry, age,
disability, familial status or military status to refuse to hire that person or
otherwise to discriminate against that person with respect to hire, tenure,
terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment; (2) For any employer, employment agency,
or labor organization to establish, announce or follow a policy of denying or
limiting, the employment or membership opportunities of any person or group of
persons because of race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status. (3) For any employer, labor organization, or joint
labor-management committee controlling apprentice training programs to
discriminate against any person because of that person’s race, sex, sexual
orientation, gender identity or expression, color, religion, national origin,
ancestry, age, disability, familial status or military status in admission to
employment in any program established to provide apprentice
training; (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 race, sex,
sexual orientation, gender identity or expression, color, religion, national
origin, ancestry, age, disability, familial status or military
status; (5) For any person seeking employment to publish or to cause to be
published any advertisement which specifies or in any manner indicates that
person’s race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status or expresses a limitation or preference as to the race, sex,
sexual orientation, gender identity or expression, color, religion, national
origin, ancestry, age, disability, familial status or military status of any
prospective employer; (6) For any employment agency to refuse or fail to
accept, register, classify properly, or refer for employment or otherwise to
discriminate against any person because of race, sex, sexual orientation, gender
identity or expression, color, religion, national origin, ancestry, age,
disability, familial status or military status; (7) For any employer,
employment agency, or labor organization to utilize in the recruitment or hiring
of persons, any employment agency, placement service, labor organization,
training school or center, or any other employee-referring source, known to
discriminate against persons because of race, sex, sexual orientation, gender
identity or expression, color, religion, national origin, ancestry, age,
disability, familial status or military status; (8) For any labor
organization to discriminate against any person or limit that person’s
employment opportunities, or otherwise adversely affect that person’s
status as an employee, or that person’s wages, hours, or employment
conditions, because of race, sex, sexual orientation, gender identity or
expression, color, religion, national origin, ancestry, age, disability,
familial status or military status; (9) For an employment agency, to comply
with, accommodate, or otherwise assist with locating an employee related to, a
request from an employer for referral of applicants for employment if the
request indicates, directly or indirectly, that the employer fails, or may fail,
to comply with Title 23, Chapter 2331, of the Columbus City Codes; (10) For
any labor organization to limit or classify its membership on the basis of race,
sex, sexual orientation, gender identity or expression, color, religion,
national origin, ancestry, age, disability, familial status or military
status; (11) For any employer, employment agency or labor organization
to: (a) Elicit or attempt to elicit any information concerning the race,
sex, sexual orientation, gender identity or expression, color, religion,
national origin, ancestry, age, disability, familial status or military 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 race, sex, sexual orientation, gender identity or
expression, color, religion, national origin, ancestry, age, disability,
familial status or military status but an employer holding a contract containing
a non-discrimination 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 and may
retain such proof in the employer’s personnel records and may use
photographic or fingerprint identification for security purposes. (12) For
any employer, employment agency or labor organization to discriminate against
any person because that person has opposed any practice forbidden by Title 23,
Chapter 2331, of the Columbus City Codes, or because that person has made a
complaint or testified or assisted in any manner in any investigation or
proceeding under Title 23, Chapter 2331, of the Columbus City Codes. (13)
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 unlawful discriminatory practice by Title 23, Chapter 2331,
of the Columbus City Codes, or to obstruct or prevent any person from enforcing
or complying with the provisions of this chapter, or to attempt directly or
indirectly to commit any act declared by this chapter, to be an unlawful
discriminatory practice. (B) Whoever violates this section is guilty of
unlawful employment practices, a misdemeanor of the first
degree. (C) Recklessness is intended to be imposed as the culpable mental
state for a violation of this section. (Ord. 2535-94; Ord. 1865-2008 § 2
(part).)
2331.04 Unlawful public accommodations.
It shall be an unlawful discriminatory practice: (A) For any
proprietor or his employee, keeper, or manager of a place of public
accommodation to deny to any person except for reasons applicable alike to all
persons regardless of race, sex, sexual orientation, gender identity or
expression, color, religion, national origin, ancestry, age, disability,
familial status or military status the full enjoyment of the accommodations,
advantages, facilities, or privileges thereof; (B) For any proprietor or his
employee, keeper, or manager of a place of public accommodation to publish,
circulate, issue, display, post or mail, either directly or indirectly, any
printed or written communication, notice or advertisement to the effect that any
of the accommodations, advantages, facilities, goods, products, services and
privileges of any such place shall be refused, withheld or denied to any person
on account of race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status or that such person is unwelcome, objectionable, or not
acceptable, desired or solicited; (C) For any person, whether or not
included in divisions (A) and (B) in this section, to aid, incite, compel,
coerce, or participate in the doing of any act declared to be an unlawful
discriminatory practice under this section; (D) Whoever violates this
section is guilty of unlawful public accommodations, a misdemeanor of the first
degree; or (E) Recklessness is intended to be imposed as the culpable mental
state for a violation of this section. (Ord. 2535-94; Ord. 1865-2008 § 2
(part).)
2331.05 Complaint procedure.
(A) Whenever it is charged in writing, by a person or aggrieved
organization, hereinafter referenced to as "complainant," that any person,
employer, employment agency, and labor organization, hereinafter referred to as
the "respondent," has engaged in or is engaging in any unlawful discriminatory
practices as defined in Title 23, Chapter 2331 of the Columbus City Codes, or
upon its own initiative, in matters relating to such discriminatory practices,
the community relations commission may initiate a preliminary investigation.
Such charge shall be flied with the community relations commission within six
(6) months after the alleged unlawful discriminatory practices are committed. If
the community relations commission determines after such investigation, that it
is not probable that unlawful discriminatory practices have been or are being
engaged in, it shall notify the complainant that it has so determined, and that
it will not initiate prosecution of the matter. If the community relations
commission determines, after such investigation, that it is probable that
unlawful discriminatory practices have been or are being engaged in, it shall
endeavor to eliminate such practices by informal methods of conference,
conciliation, and persuasion. If after such investigation and conference the
community relations commission is satisfied that any unlawful discriminatory
practice of the respondent will be eliminated, it may treat the complaint as
conciliated and notify the complainant that it will not initiate prosecution of
the matter. If the community relations commission fails to effect the
elimination of such unlawful discriminatory practices or to obtain conciliation
of the matter, or, if the circumstances warrant, in advance of or during any
such preliminary investigation or endeavors to conciliate the matter, the
community relations commission shall issue and cause to be served upon the
respondent a notice of an investigative hearing, notifying the respondent of an
investigative hearing before a community relations commission at a time and
place therein fixed to be held not less than ten (10) days after the service of
such notice and stating the charges specified in the original charge against the
respondent. Any such charge may be amended by the community relations
commission or complainant at any time prior to or during the hearing based
thereon. The respondent shall have the right to file an answer or to amend an
answer to the original or amended charge, and to appear at such hearing in
person, or by attorney, or otherwise to examine and cross-examine
witnesses. The complainant shall be a party to the proceeding, and any
person who is an indispensable party to a complete determination or settlement
of the question involved in the proceeding shall be joined. Any person who has
or claims an interest in the subject of the hearing and in obtaining or
presenting relief against the acts or practices complained of, may be, in the
discretion of the community relations commission, permitted to appear for the
presentation of oral or written argument. In any proceeding the community
relations commission shall not be bound by the rules of evidence prevailing in
the courts of law or equity, but shall in ascertaining the practices followed by
the respondent, take into account all reliable, probative, and substantial
evidence, statistical, or otherwise, produced at the hearing, which may tend to
prove the existence of an unlawful discriminatory practice or a predetermined
pattern of unlawful discriminatory practices under Title 23, Chapter 2331, of
the Columbus City Codes provided that nothing contained in this section shall be
construed to authorize or require any person to observe the proportion which
persons of any race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status bear to the total population or in accordance with any criterion
other than the individual qualifications of the applicant. The testimony
taken at the hearing shall be under oath and shall be reduced to writing, and
filed with the community relations commission. Thereafter, in its discretion,
the community relations commission, upon notice to the plaintiff and to the
respondent, with an opportunity to be present, may take further testimony or
hear arguments. No person shall be compelled to be a witness against himself
in any hearing, formal or informal, before the community relations
commission. In conducting any hearing as provided herein, the community
relations commission may subpoena as witnesses any person believed to have
knowledge of facts relevant to such hearing, may compel the production of books,
papers, records or other evidence relative to such hearing by the person having
custody or control thereof and may administer oaths, take testimony and issue
such rules as shall be necessary to effectuate an investigatory hearing under
this section. Upon written application of the respondent, complainant or
community relations commission, the community relations commission shall issue
subpoenas as if issued on its own motion. If upon all the reliable,
probative and substantial evidence the community relations commission determines
that the respondent has engaged in, or is engaging in, any unlawful
discriminatory practice under Title 23, Chapter 2331, of the Columbus City
Codes, whether against the complainant or others, the community relations
commission may endeavor to eliminate such practices by informal methods of
conference, conciliation, and persuasion. If the community relations commission
fails to effect the elimination of such unlawful discriminatory practices or to
obtain conciliation of the matter, or if the circumstances warrant, in advance
of or during such investigative hearing, or endeavors to conciliate the matter,
the community relations commission may initiate prosecution of the matter. If
the community relations commission finds that no probable cause exists for
crediting the charges, or if upon all the evidence the community relations
commission finds that the respondent has not engaged in any unlawful
discriminatory practice under Title 23, Chapter 2331, of the Columbus City
Codes, against the complainant or others, it shall state its findings of fact,
and shall notify the complainant and respondent that it will not initiate
prosecution of the matter. (B) Whoever fails to comply with a subpoena
issued by the community relations commission as provided in this section is
guilty of a minor misdemeanor. (Ord. 2535-94; Ord. 1865-2008 § 2
(part).)
2331.06 Severability.
Title 23, Chapter 2331, of the Columbus City Codes, and each division of
said section thereunder, are hereby declared to be independent divisions and
sub-divisions and, notwithstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if any
provisions of said divisions, or the application thereof to any person or
circumstance is held to be invalid, the remaining divisions or sub-divisions and
the application of such provision to any person or circumstances other than
those to which it is held invalid, shall not be affected thereby, and it is
hereby declared that such divisions and sub-divisions would have been passed
independently of such division or sub-division so known to be invalid. (Ord.
2535-94; Ord. 1865-2008 § 2 (part).)
2331.07 Interfering with civil rights.
(A) No public servant, under color of his office, employment, or
authority, shall knowingly deprive, or attempt to deprive any person of a
constitutional or statutory right or any other protections against
discriminatory conduct created by an ordinance of the city of
Columbus. (B) Whoever violates this section is guilty of interfering with
civil rights, a misdemeanor of the first degree. (Ord. 2535-94 ; Ord. 1475
§ 1 (part); Ord. 1865-2008 § 2 (part).)
2331.08 Ethnic intimidation.
(A) No person shall violate Sections 2303.13, 2303.22, 2307.06, 2309.06,
2309.07, 2311.21, 2313.02, 2313.03, 2313.04, 2317.03, 2317.11, 2317.12, 2323.30,
or 2329.01, of the Columbus City Codes, by reason of or where one of the
motives, reasons or purposes for the commission of the offense is the
victim’s race, sex, sexual orientation, gender identity or expression,
color, religion, national origin, ancestry, age, disability, familial status or
military status. (B) In a prosecution under this section the offenders
motive, reason or purpose for the commission of the offense may be shown by the
offenders temporarily related conduct or statements before, during or after the
offense, including ethnic, sexual orientation, religious or racial slurs, and by
the totality of the facts, circumstances and conduct surrounding the commission
of the offense. (C) Whoever violates this section is guilty of ethnic
intimidation, a misdemeanor of the first degree. If the underlying offense which
is a necessary element of ethnic intimidation is itself a misdemeanor of the
first degree, then upon conviction under this section, the court shall impose a
mandatory minimum sentence of at least ten (10) days imprisonment. If the
offender has previously been convicted under either this section or Section
2927.12, Ohio Revised Code and the underlying offense is a first degree
misdemeanor or the offense resulted in physical harm to any person, then upon
conviction under this section the court shall impose a mandatory minimum
sentence of at least ninety (90) days imprisonment. (D) This section does
not apply if the facts alleged in the complaint would constitute a felony under
Section 2927.12, Ohio Revised Code. (E) The bias crimes unit of the division
of police shall keep and maintain records of reported violations of this section
and reported incidents the motive of which is the victim’s race, sex,
sexual orientation, gender identity or expression, color, religion, national
origin, ancestry, age, disability, familial status or military status. (Ord.
2535-94; Ord. 1865-2008 § 2 (part).)
2331.09 Access and/or disclosure of financial information.
(A) No employee of the city of Columbus or a law enforcement officer
assigned to the Columbus division of police, shall purposely request or receive
financial information from a financial institution without the consent of the
account holder, a search warrant, subpoena, or other process specifically
authorized by federal, state or local law. Employees of the city of Columbus and
law enforcement officers assigned to the division of police will maintain a
record of such transactions with financial institutions. (B) No employee of
a financial institution shall purposely disclose financial information to an
employee of the city of Columbus or a law enforcement officer assigned to the
Columbus division of police unless pursuant to the consent of the account
holder, search warrant, subpoena, or other process specifically authorized by
federal, state or local law. (C) As used in this section: (1) "Financial
information" means charges, deposits, withdrawals or balances of an account of
any person or business entity in a bank, savings and loan or credit
union. (2) "Financial institution" means a bank, savings and loan, or credit
union. (D) This section does not apply when: (1) The financial
institution or their account holder is, or may be, the victim of a crime or
theft offense and the disclosure of financial information is necessary to
investigate that crime or theft offense. (2) The request or release of
financial information concerning the existence of an amount of the lien on any
property which has been impounded and/or which is subject to state or federal
forfeiture laws. (E) Whoever violates this section is guilty of prohibited
access and/or disclosure of financial information, a misdemeanor of the first
degree. (Ord. 2535-94; Ord. 1865-2008 § 2 (part).)