OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 231 Bill Analysis
135th General Assembly
Click here for H.B. 233’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Smith and Hicks-Hudson
Effective Date:
Kelly Bomba, Attorney
SUMMARY
Requires the Ohio Civil Rights Commission to establish and maintain a system for an
individual to anonymously report wage discrimination by an employer in violation of the
Ohio Civil Rights Law.
Requires the Commission to review all complaints received through the system in a
timely manner.
DETAILED ANALYSIS
Anonymous complaint system
The bill requires the Ohio Civil Rights Commission to establish and maintain a system for
an individual to report discrimination in the payment of wages by an employer in violation of
the Ohio Civil Rights Law.1 The system must allow an individual to make an anonymous
complaint through a toll-free telephone number or the Commission’s website. The Commission
must review all complaints received through the system in a timely manner.2
Background – wage discrimination under the Civil Rights Law
The Ohio Civil Rights Law prohibits an employer from discriminating in the terms,
conditions, or privileges of employment – including the payment of wages – because of a
person’s race, color, religion, sex, military status, national origin, disability, age, or ancestry.
Under the Law, “employer” includes the state, any political subdivision of the state, any person
employing four or more persons within Ohio, and any agent of the state, political subdivision,
or person.
1 R.C. Chapter 4112.
2 R.C. 4112.041.
April 10, 2024
Office of Research and Drafting LSC Legislative Budget Office
The Commission enforces the Civil Rights Law. As part of its enforcement duties, the
Commission receives and investigates charges of discrimination in employment on the basis of
a protected characteristic.3
Any person may file a charge with the Commission alleging that an employer has
engaged or is engaging in unlawful wage discrimination. The charge must be in writing and
under oath and must be filed with the Commission within two years after the alleged wage
discrimination was committed. The Commission also may conduct an independent preliminary
investigation relating to wage discrimination without a formal charge being filed. A person may
sue for wage discrimination in a court of competent jurisdiction after pursuing a charge with
the Commission or demonstrating that an exception to the requirement to pursue a charge
through the Commission applies.4
Background – Ohio’s Equal Pay Law
Continuing law prohibits, unless an exception applies, any employer from discriminating
in the payment of wages on the basis of race, color, religion, sex, age, national origin, or
ancestry by paying wages to any employee at a rate less than the rate at which the employer
pays wages to another employee for equal work on jobs the performance of which requires
equal skill, effort, and responsibility, and that are performed under similar conditions. The
Director of Commerce enforces this prohibition, and any employee discriminated against may
sue to recover two times the amount of the difference between the wages actually received
and the wages received by a person performing equal work for the employer, from the date the
violation commenced, and for costs, including attorney fees. The Director may take an
assignment of the claim in trust for that employee and sue on the employee’s behalf.5
HISTORY
Action Date
Introduced 02-27-24
ANSB0231IN-135/sb
3 R.C. 4112.01(A), 4112.02(A), and 4112.04, not in the bill.
4 R.C. 4112.051 and 4112.052, not in the bill.
5 R.C. 4111.17, not in the bill.
P a g e |2 S.B. 231
As Introduced