Chapter 123:1-49 | Equal Employment Opportunity Policy

Rule 123:1-49-01 | Equal employment opportunity policy.

• Effective: October 25, 2020
• Promulgated Under: 119.03

(A) No person employed by any state agency, board, or commission shall discriminate against any other state employee or candidate for state employment on the basis of race, color, religion, sex, national origin (ancestry), military status (past, present or future), disability, age (forty years of age or older), genetic information, or sexual orientation, as those terms are defined in Ohio law, federal law and any current executive order of the governor of Ohio, in making any state government employment-related decisions including, but not limited to, hiring, layoff, termination, transfer promotion, demotion, rate of compensation, or eligibility for in-service training programs.

(B) The affirmative action and equal employment opportunity unit of the department of administrative services shall promote equal opportunity in state government employment-related decisions and the full realization of equal opportunity in state service through a continuing affirmative action program in each state agency, board, or commission.

(C) For purposes of Chapter 123:1-49 of the Administrative Code, "agency" or "agencies" means each state agency, board, or commission.

Last updated November 12, 2024 at 10:39 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.04(O)
Five Year Review Date: 9/15/2029
Prior Effective Dates: 8/13/1973, 3/28/2014

Rule 123:1-49-02 | Duties of the state human resources division.

• Effective: October 18, 2024
• Promulgated Under: 119.03

(A) The deputy director of the state human resources division or the deputy director's designee will provide leadership and guidance to agencies in the conduct of equal employment opportunity programs for the employees of, and candidates for employment within, the agencies. The division may issue procedures to implement the state equal employment opportunity policy and programs.

(B) The division will conduct equal employment opportunity compliance reviews and evaluate agency equal employment opportunity operations periodically, obtain such reports as the unit deems necessary, and report to the governor and the director of the department of administrative services as appropriate on overall progress. When the division finds that an agency program is not in conformity with this chapter, the division may require improvement or corrective action to bring the equal employment opportunity program into compliance with this chapter.

Last updated November 4, 2024 at 9:50 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.04(O)
Five Year Review Date: 9/15/2029
Prior Effective Dates: 10/25/2020

Rule 123:1-49-03 | Responsibilities of state agencies regarding equal employment opportunity.

• Effective: October 18, 2024
• Promulgated Under: 119.03

(A) Each agency will establish an equal opportunity program. Ultimate responsibility for the equal opportunity program rests with the appointing authority. Each agency will designate an equal employment opportunity officer who will have sufficient knowledge and experience to handle the assignment and whose functions may include:

(1) Advising the appointing authority with respect to the preparation of equal employment opportunity programs, procedures, rules, and reports.

(2) Evaluating from time to time the sufficiency of the total agency equal employment opportunity program and reporting thereon to the appointing authority with recommendations as to any improvement or correction needed. The appointing authority will include remedial or disciplinary actions for supervisors or managers who have failed to cooperate fully or who are in violation of the program.

(3) Making changes in programs and procedures designed to eliminate discriminatory practices when so authorized by the appointing authority.

(4) Evaluating tests, employment policies, practices and qualifications and reporting to the appointing authority and to the state human resources division any such policies, practices, and qualifications that have a disparate impact on the protected classes set forth in rule 123:1-49-01 of the Administrative Code. This function will be performed in cooperation with the state human resources division.

(5) Providing for counseling of any employee or applicant for employment who believes that they have been discriminated against based on the protected classes set forth in rule 123:1-49-01 of the Administrative Code.

(6) Providing for receipt and investigation of individual complaints of discrimination in personnel matters within the agency, and for attempting to resolve the complaint raised by the employee or candidate in a complaint of discrimination.

(7) Furnishing any information requested by the state human resources division, including but not limited to, monthly reports on all complaints pending within the agency, including those filed with the Ohio civil rights commission or the federal equal employment opportunity commission. The state human resources division will provide the format in which such reports should be submitted.

(B) Agencies will publish the functions, rules, and activities of the agency by posting the following information on official bulletin boards and agency websites:

(1) The contact information for the state equal employment opportunity officer.

(2) The names and addresses of the agency equal employment opportunity officers and that they are available to assist employees or candidates for employment who believe they have been discriminated against because of the classes set forth in rule 123:1-49-01 of the Administrative Code.

(3) The right of each employee and candidate for employment who believes that he or she has been discriminated against because of the classes set forth in rule 123:1-49-01 of the Administrative Code to file a complaint.

(4) The complaint procedure and time limits for such complaints as established by this chapter.

(C) An equal employment opportunity officer may be named for a group of participating agencies when the agency is too small to have an equal employment opportunity officer.

(D) The names of the equal employment opportunity officers, their address, email address, telephone number, and any change made in their designation will be furnished to the state human resources division annually or as changes are made.

Last updated November 4, 2024 at 9:50 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.04(O)
Five Year Review Date: 9/15/2029
Prior Effective Dates: 8/13/1973

Rule 123:1-49-06 | Filing of complaint.

• Effective: October 18, 2024
• Promulgated Under: 119.03

(A) In order for a complaint to be considered jurisdictional by the state human resources division, the complainant must:

(1) Be an agency employee or candidate for state employment;

(2) Allege that the improper conduct occurred in the making of a state government employment-related decisions including, but not limited to, hiring, layoff, termination, transfer promotion, demotion, rate of compensation, or eligibility for in-service training programs, or other terms and conditions of employment;

(3) File with either the agency or with the state human resources division in person, electronically, by U.S. mail, or through an authorized representative; and

(4) File within thirty calendar days of the date of the alleged improper conduct.

(B) A complaint will be deemed filed on the date it is electronically filed or on the date it is time-stamped if addressed to an appropriate official designated to receive complaints. The agency or the state human resources division, whichever initially receives the complaint, will determine whether the complaint meets the jurisdictional requirements set forth in paragraph (A) of this rule.

(C) When a complaint is filed with the agency, the agency will notify the state human resources division in its monthly reporting. If the agency determines that the complaint meets the jurisdictional requirements, the agency will proceed to process the complaint. If the agency determines that the complaint is not jurisdictional, it will notify the the state human resources division. The agency may, at its discretion, proceed to process a non-jurisdictional complaint. However, rule 123:1-49-07 of the Administrative Code will not apply to a non-jurisdictional complaint.

(D) Any complaint filed beyond the thirty calendar day period set forth in paragraph (A) of this rule will not be considered jurisdictional for purposes of this chapter, unless the state human resources division extends the time limits for filing because the complainant demonstrates they were prevented by circumstances beyond their control from submitting the matter within the time limits or for other reasons considered sufficient by the agency or the state human resources division.

(E) A complaint will include the name, street address, email address, and telephone number of the complainant; the name of the person or persons who allegedly committed the alleged improper conduct; a description of the conduct; a statement as to any other action or proceeding instituted in any other forum based upon the facts alleged in the complaint, including the status or disposition of such other action; and any other pertinent information which will assist in the investigation and resolution of the complaint.

(F) All jurisdictional complaints will be acknowledged in writing and will include notice of the complainant's right to file a charge affidavit with the Ohio civil rights commission or the federal equal employment opportunity commission, including the time limits for filing such charges.

(G) An agency or a complainant may make a request for a jurisdictional complaint to be investigated by a third party from outside of the agency if a conflict of interest is perceived to exist within the agency. All requests for third party investigators will be submitted to the state human resources division and the division will approve or disapprove of such request as deemed appropriate. If such a request is approved, the division will select a third party investigator, who will conduct an investigation and upon completion, submit the investigation and their recommendation to the agency for its determination. The agency will provide the division with a copy of the investigation and the agency's determination.

(H) At any stage in the filing or investigation of a complaint, the complainant may be accompanied, represented, and advised by a representative of his or her own choosing. If the complainant is an employee of the agency, a reasonable amount of time off from work to file the complaint will be given by the agency. If the complainant is an employee of the agency and has designated another employee of the agency as his or her representative, the representative as well as the complainant will be given a reasonable amount of time off from work to file the complaint.

(I) If a jurisdictional complaint is still pending with the agency within sixty days from the date the complaint was filed, the state human resources division may request the agency to take special measures to ensure prompt processing of the complaint. The division or the agency may dismiss a complaint because of a failure of the complainant to prosecute the complaint. The decision to dismiss the complaint will be transmitted in writing to the complainant and the complainant's representative, if any. The decision letter will inform the complainant of the right to file a charge with the Ohio civil rights commission and with the federal equal employment opportunity commission and of the time limits for filing such charges.

(J) The agency will document the actions of the agency in resolving a jurisdictional complaint and report the actions and findings of the agency to the complainant and the state human resources division.

(K) Any investigation will include a thorough review of the circumstances under which the alleged improper conduct occurred and may include a review of the treatment of members of the complainant's group identified by the complaint as compared with the treatment of other similarly situated employees in the agency in which the alleged improper conduct occurred. Information needed to prepare a report of the agency's actions and findings to the complainant and the state human resources division will be recorded in the agency's investigative file.

(L) The term "investigative file" means the various documents and information acquired during the investigation including, but not limited to, affidavits of the complainant, of the alleged discriminating employee, and of the witnesses, and copies of, or extracts from, records, policy statements, or regulations of the agency organized to show their relevance to the complaint or the general environment out of which the complaint arose.

(M) Complainants, their representatives, and witnesses will be free from restraint, interference, coercion, discrimination, reprisal, or retaliation at any stage in the presentation and processing of a complaint.

(N) A complainant, his or her representative, or a witness who alleges restraint, interference, coercion, discrimination, reprisal, or retaliation in connection with the presentation of a complaint under this chapter of the Administrative Code may have the allegation reviewed as an individual complaint of discrimination.

Last updated November 4, 2024 at 9:50 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.04(O)
Five Year Review Date: 9/15/2029
Prior Effective Dates: 8/13/1973

Rule 123:1-49-07 | Appeals to state human resources division.

• Effective: October 18, 2024
• Promulgated Under: 119.03

(A) Upon completion of an investigation of a jurisdictional complaint, the agency will provide a copy of the investigation report and the determination of the agency to the complainant or the complainant's representative and the state human resources division and include a cover letter informing the complainant of his or her right to appeal the determination of the agency to the deputy director of the state human resources division or the deputy director's designee and of the right to file a charge affidavit with the Ohio civil rights commission and with the federal equal employment opportunity commission, and of the time limits applicable thereto.

(B) The complainant must file an appeal of an agency determination with the state human resources division in writing within fifteen calendar days of receipt of the agency's determination. If the complainant fails to notify the division within the fifteen day period, the determination of the agency is final.

(C) When a complainant files a timely appeal of an agency determination with the state human resources division, the agency will provide a copy of the investigative file and all relevant written information to the deputy director of the division or the deputy director's designee and, upon review, the deputy director or the deputy director's designee may take any of the following dispositive actions:

(1) Accept the determination of the agency and deny the appeal;

(2) Remand the investigative file to the agency for further investigation. Any further investigation by the agency resulting from a remand will be conducted according to the rules for conducting the original investigation. When further investigation is completed, the agency will provide a copy of any revised investigation report promptly to the deputy director or the deputy director's designee and the complainant or the complainant's representative and issue a disposition of the appeal based on the revised investigation;

(3) Order the agency to take corrective action determined to be necessary or desirable to resolve the issues and to promote the policy of equal employment opportunity, whether or not there is a finding of probable cause.

(D) The deputy director of the state human resources division or the deputy director's designee will issue a written decision setting forth the deputy director or the deputy director's designee's reasons for the decision and will send copies thereof to the complainant, the complainant's representative, and the agency. When corrective action is ordered, the agency will report promptly to the division that the corrective action has been taken. Any decision of the deputy director or the deputy director's designee is final. The decision will contain a notice of the right to file a charge affidavit with the Ohio civil rights commission and with the federal equal employment opportunity commission and of the time limits for filing such charges.

(E) The deputy director of the state human resources division or the deputy director's designee may reopen and reconsider any previous decision when the party requesting reopening submits written argument or evidence that tends to establish that:

(1) New and material evidence is available that was not readily available when the previous decision was issued; or

(2) The previous decision involves an erroneous interpretation of law or regulation or a misapplication of established policy.

Last updated November 4, 2024 at 9:50 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.04(O)
Five Year Review Date: 9/15/2029
Prior Effective Dates: 8/13/1973, 3/28/2014, 10/25/2020