(A) Remedial action involving an applicant.
(1) When an agency, or the Division, finds that an applicant for employment has been discriminated against and except for that discrimination would have been hired the agency shall offer the applicant employment of the type and grade denied him. The offer shall be made in writing. The individual shall have fifteen (15) calendar days from receipt of the offer within which to accept or decline the offer. Failure to notify the agency of his or her decision within the 15-day period will be considered a declination of the offer, unless the individual can show that circumstances beyond his or her control prevented him or her from responding within the time limit. If the offer is accepted, appointment shall be effective on the first Monday following the date of acceptance.
(2) When an agency, or the Division, finds that discrimination existed at the time the applicant was considered for employment but does not find that the individual is the one who would have been hired except for discrimination, the agency shall consider the individual for any existing vacancy of the type and grade for which he or she had been considered initially and for which he or she is qualified before consideration is given to other candidates. If the individual is not selected, the agency shall record the reasons for non-selection. If no vacancy exists, the agency shall give him or her this priority consideration for the next vacancy for which he or she is qualified.
(B) Remedial action involving an employee. When an agency, or the Division, finds that an employee of the agency was discriminated against and as a result of that discrimination was denied an employment benefit, or an administrative decision adverse to said employee was made, the agency shall take remedial actions which shall include one or more of the following, but need not be limited to these actions:
(1) Retroactive promotion when the record clearly shows that but for the discrimination the employee would have been employed at a higher pay range.
(2) Consideration for promotion to a position for which he or she is qualified before consideration is given to other candidates when the record shows that discrimination existed at the time selection for promotion was made but it is not clear that except for the discrimination the employee would have been promoted. If the individual is not selected, the agency shall record the reasons for non-selection.
(3) Cancellation of an unwarranted personnel action involving the complainant and restoration of the employee.
(4) Expungement from the agency's records of any reference to or any record of an unwarranted disciplinary action. Such records in Department of State Personnel and State Personnel Board of Review shall also be destroyed.
(5) Full opportunity to participate in the employee benefit denied him or her (e.g. training, preferential work assignments, overtime scheduling).
(former PL-36-38); Eff
Rule promulgated under: RC Chapter 119.
Review dates: 11/20/2001
Rule authorized by: Executive Order, 9/13/73