SB 92 Summary

• Enacts the "Fair and Acceptable Income Required (FAIR) Act" to address wage discrimination and equal pay for women in Ohio.

• Relocates wage discrimination protections from section 4111.17 to section 4112.16 and expands protected classes to include sexual orientation and gender identity.

• Establishes that employers cannot pay different wages based on race, color, religion, sex, age, national origin, ancestry, sexual orientation, or gender identity for equal work requiring equal skill, effort, and responsibility.

• Creates a new defense framework allowing wage differentials only if the employer demonstrates the difference is based on a bona fide factor substantially related to position and performance, is unrelated to protected characteristics, and is consistent with business necessity.

• Transfers enforcement authority from the Director of Commerce to the Ohio Civil Rights Commission and allows employees to sue for two times the wage difference plus attorney fees, with provisions for punitive damages and protection against retaliation for wage inquiries or complaints.