This regularly updated virtual resource offers breaking news, action alerts and resources you need to make a difference and create positive social change for the LGBT community.

Anti-Violence Program/Hate Crimes Reporting
The Center's program of support for people dealing with their sexuality, and documenting cases of discrimination, abuse, harassment and violence. Staff is on call for phone and drop-in help during regular business hours.

LGBT People & the Law

With funding from the Ohio State Bar Association, the Center produced a series of workshops called "Know Your Rights." The workshops were well-received by the community and the content of each program was published in three different brochures. The contents of the brochures are available via the below links. Hard copies of the brochures are available at the Center.

Where You Work

:: Can an employer not hire me because of my sexual orientation or gender identity?
There is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation or gender identity in the private sector - although federal government workers are currently protected from such discrimination. Ohio also does not have a statewide policy of prohibiting discrimination based on sexual orientation or gender identity.

Some local municipalities have ordinances that cover discrimination based on sexual orientation and/or gender identity. Also, companies may have mission statements or employee documents that ban these kinds of discrimination. Check with your local municipality or company to find out your recourse if you feel you have been discriminated against.

:: Can an employer fire me because of my sexual orientation or gender identity?
Ohio is an "at-will" state, which means you can be fired at any time for any reason, or no reason at all. However, you cannot be fired on the basis of race, color, religion, sex, familial status, national origin, or disability.

As stated before, some local municipalities have ordinances and some companies have policies which cover discrimination based on sexual orientation or gender identity. Check with your municipality or company to find out your recourse if you feel you have been discriminated against.

:: What exactly is sexual harassment?
The legal definition is "any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment." In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault.

:: What prevents sexual harassment from happening in the workplace?
In 1980, the Federal Equal Employment Opportunities Commission (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act, which had been originally passed in 1964. In 1986, the U.S. Supreme Court first ruled that sexual harassment was a form of job discrimination - and held it to be illegal.

:: Is same-sex sexual harassment illegal?
The Supreme Court has held that same-sex sexual harassment is covered by the EEOC regulations.

:: What should I do if I am being sexually harassed at work? Should I file a lawsuit?
Tell the harasser to stop. Although this might seem to be a simplistic remedy, experts in the field say that 90% of the time it works. Beyond that, telling a harasser that his or her actions make you uncomfortable and are unwelcome do more that simply inform the harasser, it also forms the first crucial step of a legal chain of events should you decide to pursue legal action. It might also be wise to begin a diary or a journal recording the events and the action that you took.

:: What if the harassment does not stop after I tell the harasser to cease?
If you are ignored, you should check your company's employee manual to see how it addresses the issue of sexual harassment. In the absence of an explicit company policy, you could seek out the company human resources department or representative. Many people are reluctant to involve the company in what seems to be an individual issue. However, the Supreme Court has said that if an individual does not follow a company's internal procedure in harassment cases, she or he might not be able to file a lawsuit against the company, and in some instances against the harasser.

:: What if I decide to file a lawsuit? How do I proceed?
The best way to begin is to consult with an employment attorney. The Center can refer you to an attorney who specializes in this and can advise you on the best course of action.

Where You Live

::Can a landlord throw me out of my apartment because I am lesbian, gay, bisexual, or transgender?
You might be concerned about being evicted if the landlord discovers your sexual orientation or gender identity. If you rent under a month-to-month tenancy, not in a rent control area, your landlord can simply give you a 30-day notice to get out. It can be for any reason or no reason at all, and you have no protection.

If you have a lease or live in a "just cause" rent control area, the landlord must show that you broke a term of the lease or rental agreement, such as you failed to pay the rent, made too much noise (disturbing the "quiet enjoyment" of your neighbors), damaged the apartment and refused to pay for repairs, got a pet in violation of a "no pets" clause or something else. Being gay or lesbian is not a "just cause."

:: Can a landlord refuse to rent to me if I am lesbian, gay, bisexual, or transgender?
If you live in a municipality with a law prohibiting sexual orientation or gender identity discrimination in housing and you believe you're being discriminated against because you are gay, lesbian, bisexual, or transgender, call the local city attorney's office and find out what agency is responsible for enforcing that rights ordinance. Even if you're protected by a nondiscrimination ordinance and have filed a complaint under the law, some landlords may still try to prove that they don't have to rent to you. One possible argument is that being forced to rent to a certain type of person - gay men or lesbians or unmarried heterosexual couples - violates their protected religious beliefs. While some state supreme courts have ruled that nondiscrimination laws would take precedence, a federal court has ruled otherwise, saying religious convictions prevail. If you live in a place with no anti-discrimination policies, there is usually little legal recourse.

:: Do I have to tell my landlord about my sexual orientation or gender identity?
No. There is nothing that requires you to reveal any personal information about yourself to a prospective landlord. That decision is yours to make.

:: When can my landlord enter my apartment and how much notice does she have to give me before she comes in?
A landlord has the right to enter rented premises in cases of emergency, in order to make needed repairs or to determine whether repairs are necessary as well as to show the property to prospective new tenants or purchasers. Ohio allows landlords the right of entry during a tenant's extended absence, often defined as seven days or more, to maintain the property as necessary and to inspect for damage and needed repairs. In most cases, a landlord may not enter just to check up on the tenant and the rental property.

Ohio requires a landlord to give a tenant 24 hours notice before entering an apartment in a non-emergency situation. A landlord or manager may enter rented premises while a tenant is living there only in an emergency, such as a fire or serious water leak, or when the tenant gives permission.

:: Am I responsible for my roommate's portion of the rent?
Most rental leases hold that each tenant on the lease is responsible "jointly or severally" which means that each tenant is responsible for the full rent. Many roommates have worked out a rent agreement between themselves, however, you would still be responsible for the full rent if a roommate were to vacate early.

Should my partner and I designate what property belongs to whom when we move in together?
You might want to draft a written contract as you begin to acquire more possessions and property together, similar to a prenuptial agreement for heterosexual couples. Otherwise, you could face a serious (and potentially expensive) battle if you split up and can't agree on how to divide what you've acquired. Taking the time to draft a well-thought-out contract helps you clarify your intentions. The Center or the state bar association can help you find an attorney skilled in drafting property agreements.

:: How else can we protect ourselves in our living arrangements?
Creating a contract for living together can be important when you begin co-mingling assets such as properties, bank accounts, and personal possessions. It can also define the parameters when you purchase items together.

A contract for living together might include such areas as: property and finances, property owned before living together, property acquired while living together, expenses in day to day living, pets and gifts received by one partner or another. Some living together contracts may also include "cooling off" clauses when one partner is thinking about leaving, mediation or counseling clauses and reversion clauses.

Where You Play

:: Can a business refuse to serve LGBT people or ask them to leave?
There are no federal or Ohio laws banning discrimination in so-called "public accommodations" based on sexual orientation or gender identity, but your local municipality may have a law or the business may have a policy against discriminating on that basis. Check with them to determine your recourse if you believe you have been discriminated against.

:: Is it legal to hit on someone of the same gender?
Yes. Importuning, or propositioning someone of the same sex when it is offensive to the other person, is no longer illegal. The Ohio Supreme Court ruled the law was unconstitutional in 2002.

:: Is it legal to engage in sex with someone of the same gender?
Yes. Sodomy laws, banning sex between people of the same gender, were repealed in Ohio in the 1970s. The Supreme Court struck down all similar laws in the United States in June, 2003.

:: Is it legal to engage in sex in public?
No. Public indecency laws exist for all people, with no mention of sexual orientation or gender identity. However, law enforcement officials often target areas where they believe homosexual sexual activity is going on. Public sex, public activity that looks like sex, or exposing of genitals is a misdemeanor.

Which municipalities have ordinances prohibiting discrimination based on sexual orientation?
At the time of this writing, only 12 municipalities and one county have anti-discrimination policies based on sexual orientation. To view this information in a table format, click here.

Further resources

ACLU of Ohio
(216) 472-2200 or www.acluohio.org

Buckeye Regional Anti-Violence Organization
(614) 268-9622

Lesbian Gay Bisexual Transgender Community Center of Greater Cleveland
(216) 651-LGBT
Call us for a referral to a local, LGBT-affirming attorney, Monday-Friday, 1 - 8pm.

Ohio Civil Rights Commission
(216) 787-3150 or toll-free (888) 278-7101

Disclaimer: The information contained on this Web page is not meant to provide legal advice or to take the place of actual consultation with a trained, licensed attorney. This information is meant to be informative only. If you have more or specific legal questions, it is always best to consult an attorney. The Center can help you find an attorney who can answer your questions. The views expressed herein do not necessarily represent those of the Ohio State Bar Foundation. The Ohio State Bar Foundation is not responsible for the accuracy of any information contained herein.

This brochure is a reflection of the law as of July 2003.