2006 Ohio Revised Code - 153.59. Discrimination by reason of race, creed, sex, disability, or color; affirmative action program.

§ 153.59. Discrimination by reason of race, creed, sex, disability, or color; affirmative action program.
 

Every contract for or on behalf of the state, or any township, county, or municipal corporation of the state, for the construction, alteration, or repair of any public building or public work in the state shall contain provisions by which the contractor agrees to both of the following: 

(A) That, in the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor, or any person acting on a contractor's or subcontractor's behalf, by reason of race, creed, sex, disability as defined in section 4112.01 of the Revised Code, or color, shall discriminate against any citizen of the state in the employment of labor or workers who is qualified and available to perform the work to which the employment relates; 

(B) That no contractor, subcontractor, or any person on a contractor's or subcontractor's behalf, in any manner, shall discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, sex, disability as defined in section 4112.01 of the Revised Code, or color. 

The department of administrative services shall ensure that no capital moneys appropriated by the general assembly for any purpose shall be expended unless the project for which those moneys are appropriated provides for an affirmative action program for the employment and effective utilization of disadvantaged persons whose disadvantage may arise from cultural, racial, or ethnic background, or other similar cause, including, but not limited to, race, religion, sex, disability as defined in section 4112.01 of the Revised Code, national origin, or ancestry. 

In awarding contracts for capital improvement projects, the department shall ensure that equal consideration be given to contractors, subcontractors, or joint venturers who qualify as a minority business enterprise. As used in this section, "minority business enterprise" means a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons who are residents of this state. "Socially or economically disadvantaged persons" means persons, regardless of marital status, who are members of groups whose disadvantage may arise from discrimination on the basis of race, religion, sex, disability as defined in section 4112.01 of the Revised Code, national origin, ancestry, or other similar cause. 
 

HISTORY: GC § 2366-1; 116 v 151; Bureau of Code Revision, 10-1-53; 137 v S 221 (Eff 11-23-77); 148 v H 264. Eff 3-17-2000; 150 v S 97, § 1, eff. 5-4-04.

 

Effect of Amendments

S.B. 97, Acts 2003, effective May 4, 2004, substituted "creed" for "crede" in the introductory paragraph of (B); redesignated (C) as the second paragraph of (B); and deleted the last sentence in the final paragraph of (B), which read: "Such persons include, but are not limited to, Negroes, Puerto Ricans, Spanish-speaking Americans, American Indians, Eskimos, and Aleuts."