http://crc.ohio.gov
 http://crc.ohio.gov
APRIL 2008

April is Fair Housing Month: Forty Years Later the Fight Continues...


The Ohio Supreme Court to Determine a Landlord's Responsibility to Prevent A Racially Hostile Housing Environment.

On February 26, 2008, the Ohio Supreme Court heard oral arguments in the case of Ohio Civil Rights Commission v. Akron Metropolitan Housing Authority. A case of first impression, the issue before the Court is whether the Ohio Civil Rights Act's prohibition against discriminatory housing practices includes the creation of a racially hostile housing environment. More specifically, the issue is whether liability may be imposed upon a landlord who is aware that one tenant has created a racially hostile housing environment for another tenant, but takes no action to stop or remedy the racial harassment.

The case was initially dismissed by the trial court on summary judgment, but that decision was reversed by the Ninth District Court of Appeals. Holding that state law recognizes a claim for hostile housing environment, the appellate court aptly noted that a landlord's toleration of one tenant's racist acts could, itself, interfere with another tenant's right to the enjoyment of her housing accommodations.

In its brief to the Ohio Supreme Court, the Ohio Civil Rights Commission argued that the same principles governing a hostile work environment claim should be recognized and applied to a hostile housing environment claim. Not only are there significant textual similarities between the employment and housing provisions of the Ohio Civil Rights Act, but there is also a statutory mandate that the Act "be construed liberally for the accomplishment of its purposes." The theme running throughout the Ohio Civil Rights Act, the Commission explained, is the legislative recognition that discrimination is a social problem, a problem that the Ohio Supreme Court has said on more than one occasion "drains our economic resources, subverts the democratic process and undermines the general welfare." This is particularly true when discrimination finds its way into our homes, the place where we raise our families and hope to find some respite from the rest of the world.

The Ohio Civil Rights Commission was supported in its position by a broad coalition of advocacy organizations, such as the Akron Branch of the NAACP, the Lorain County Urban League, the Equal Justice Foundation, Housing Opportunities Made Equal of Greater Cincinnati, and the National Fair Housing Alliance, to name just a few, who joined in an amicus curiae ("friend of the court") brief urging the Ohio Supreme Court to recognize a cause of action for hostile housing environment. A decision is expected later this year.


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Equal Employment Opportunity Poster - Updated and Available!

The OCRC has recently updated the Equal Employment Opportunity poster. Every employer in the State of Ohio is required to conspicuously post the Equal Employment Opportunity poster in their place of business. The document contains a general description of the anti-discrimination laws and now includes updated information and important reminders for both employers and employees regarding the laws enforced by the Ohio Civil Rights Commission.

Pursuant to recently passed legislation, the new employment poster addresses discrimination on the basis of military status. Under this provision, it is unlawful to discriminate against an employee on the basis of their membership in the uniformed services. The new legislation specifies that those employees who leave their place of employment to perform military services, including the performance of duties on a voluntary or involuntary basis, must be reemployed upon the conclusion of such service.

Another new provision included in the poster is described under national origin and ancestry discrimination. This provision states that any employment policy or practice that limits or prohibits the use of any language in the workplace is a prohibited form of discrimination unless such limitation or prohibition is job-related and based upon a business necessity.

The poster also points out that harassment, including the creation of a racially or sexually hostile working environment, is prohibited and that employers are responsible for ensuring that reasonable steps are taken to prevent and correct any such behavior. Finally, Ohio employers are reminded that state law prohibits retaliation against any person because they have opposed an act of unlawful discrimination or have otherwise participated in an investigation, proceeding or hearing related to upholding these laws.

You can view and print the Commission's recently updated poster, which is available for your convenience on our website ( click here ), or you can request that a copy of the poster be mailed to you by calling the OCRC's Central Office receptionist at 1-877-278-7101.


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 Announcing the 2008 Inaugural Ohio Civil Rights Hall of Fame

The Ohio Civil Rights Commission is proud to announce the inaugural Civil Rights Hall of Fame induction ceremony which will take place on July 30, 2008 at the Ohio Statehouse Atrium. The purpose of this program is to recognize the distinguished people in our state who have demonstrated exemplary service in the area of civil rights. This project has been designed to remember the special role that the civil rights movement has played in our community and the impact that it has on each and every citizen in the state.

Not simply a recognition ceremony, an educative DVD and travelling exhibit will be created in late summer and available through the OCRC and the National Underground Railroad Freedom Center. Executive Director G. Michael Payton stated, "The educational component of this program is key not only to memorialize the contributions of these distinguished men and women, but also to raise awareness about the struggles, courage and leadership Ohioans have contributed to the furtherance of civil rights."

Civil Rights Hall of Fame nominees must be individuals living or deceased who have shown or show exemplary leadership and service in the area of civil rights in Ohio; have advocated or advocate for civil rights through actions and deeds in Ohio; have served or serve as role models and beacons in civil rights to eliminate barriers in Ohio.

Nominees have been submitted from all across the state and the honorees of the 2008 inaugural Civil Rights Hall of Fame will be announced in an upcoming special edition of the OCRC Civil Rights Journal. For event details or additional information, please contact the Office of Public Affairs & Civic Engagement at the Ohio Civil Rights Commission at (614) 644-0244.
This event is being made possible through the generous contributions and collaborative efforts of our founding co-sponsors including the National Underground Railroad Freedom Center, Wright State University, The Boeing Company and Honda of America Manufacturing.



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UPCOMING EVENTS

For a complete calendar of OCRC events click here.

April 10, 2008
Regular Commission Meeting
Rhodes State Office Tower
5th Floor OCRC Conference Room
30 E. Broad Street
Columbus, OH 43215

May 1, 2008
Regular Commission Meeting
Rhodes State Office Tower
Lobby Hearing Room
30 E. Broad Street
Columbus, OH 43215

May 22, 2008
Regular Commission Meeting
Rhodes State Office Tower
Lobby Hearing Room
30 E. Broad Street
Columbus, OH 43215

May 26, 2008
ALL STATE OFFICES CLOSED in observance of Memorial Day

June 12, 2008
Regular Commission Meeting
Rhodes State Office Tower
5th Floor OCRC Conference Room
30 E. Broad Street
Columbus, OH 43215

May 26, 2008
ALL STATE OFFICES CLOSED in observance of Memorial Day






BE A GUEST COLUMNIST

Interested in being a guest columnist? Passionate about civil rights? The Ohio Civil Rights Journal welcomes columns from community leaders and activists on timely civil rights issues and proactive solutions in the Ohio community. Columns must be original work, 200-750 words in length and must not be an endorsement or advertisement. All submissions are subject to editing. To sumbit your proposed column, please send us an email, along with your contact information. The decision to print any submission is completely at the discretion of Editor.






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© 2008 Ohio Civil Rights Commission

Editor, Brandi F. Klein, Office of Public Affairs & Civic Engagement

PACE@ocrc.state.oh.us •  Ohio Civil Rights Commission