ARTICLE 2 - NON-DISCRIMINATION

The language in this Appendix continues unchanged from the previous Agreement except for minor housekeeping changes.

PLEASE NOTE:
Language that is in bold typeface and underlined was added with this Agreement.
Language that is ~~struckthrough~~ was removed with this Agreement.
Language in Italics are annotations added by the Office of Collective Bargaining

2.01 - Non-Discrimination

Neither the Employer nor the Association shall unlawfully discriminate against any employee on the basis of race, sex, creed, color, religion, age, national origin, political affiliation, disability, or sexual preference/orientation, in the application or interpretation of the provisions of this Agreement.

The Employer and the Association hereby state a mutual commitment to affirmative action/equal employment opportunity, as in regards to job opportunities within the agencies covered by the agreement.

The Employer may also undertake reasonable accommodation to fulfill or ensure compliance with the Federal Americans with Disabilities Act of 1990 (ADA) and corresponding provisions of Chapter 4112 of the Ohio Revised Code. Prior to establishing reasonable accommodation which adversely affects rights established under this Agreement, the Employer will discuss the matter with the Association President or other designated union representatives.

*Explanation:*	The 1994 change added language specifying that there be reasonable accommodation for disabled employees under the requirements of the Americans with Disabilities Act (ADA). It should be noted that reasonable accommodation is required to be extended only to individuals qualified and capable of performing all essential job functions.

*Attention:*	Agency Directors; Agency Labor Relations and Legal Divisions.
*Instructions:*	Agency Personnel and Labor Relations personnel should be aware of the existing Executive Orders and consult with OCB Labor Relations Specialists if there is any seeming conflict between contractual provisions in this Section and other Articles of the Contract.

2.02 - Bona Fide Occupational Qualifications

Bona fide occupational qualification(s) may be established by the Employer subject to, and in compliance with, the aforementioned provision and the laws of the United States, State of Ohio, or Executive Order(s) of the State of Ohio.

The Employer agrees that where bona fide occupational qualification(s) have been established for any position(s), such bona fide occupational qualification(s) will be listed on the posting for the position(s) when a vacancy is to be filled.

2.03 - Nepotism

No employee shall be directly supervised by a member of his/her immediate family. "Immediate family" is defined for the purposes of this Section to include: spouse or significant other ("significant other" as used in this Agreement is defined to mean one who stands in place of a spouse and who resides with the employee), child, step-child, grandchild, parent, step-parent, grandparent, great-grandparent, brother, sister, step-sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or legal guardian or other person who stands in place of a parent.

*Explanation:*	In 1994 language was added to preclude an employee from being supervised by a member of his/her immediate family and to incorporate the definition of immediate family as defined in the Governor's Executive Order.
*Attention:*	Agency Supervisors, Labor Relations and Personnel Officers.
*Instructions:*	Under the contract it remains inappropriate for an exempt employee to supervise a member of his immediate family. It is still unresolved as to whether or not the exempt employee should be moved when a bargaining unit member bids into the work unit of an immediate family member, or whether the bargaining unit member is barred from making such a bid. In any case do not permit a supervisor to directly supervise an employee who is an immediate family member.