Ohio Administrative Code 4112 — Ohio Civil Rights Commission

Chapter 4112-1 General Provisions

Ohio Adm.Code 4112-1-01 Definitions.

When used in Chapter 4112. of the Revised Code and Chapters 4112-1 to 4112-3 of the Administrative Code:

(A) "Chair" or "chairperson" means the commissioner designated "chairman" by the governor pursuant to section 4112.03 of the Revised Code.

(B) "Charge" means a written statement made under oath alleging that any person has engaged in or is engaging in unlawful discriminatory practices which is filed pursuant to rule 4112-3-01 of the Administrative Code and Chapter 4112. of the Revised Code. The oath may be executed in one of the following manners:

(1) Attestation before a notary public or persons duly authorized by law to administer oaths, or

(2) A signature made under a written declaration of penalty of perjury or other statements binding the person's conscience.

(C) "Commission" means the Ohio civil rights commission and any of its designated representatives.

(D) "Commission attorney" means the attorney or attorneys directed by the attorney general of Ohio to represent the commission, pursuant to division (B) of section 4112.05 and section 4112.10 of the Revised Code.

(E) "Commissioner" includes any one of the members of the commission duly appointed, pursuant to section 4112.03 of the Revised Code.

(F) "Complainant" or "charging party" means any person filing a charge.

(G) "Complaint" means a formal complaint issued by the commission pursuant to Chapter 4112. of the Revised Code and rule 4112-3-05 of the Administrative Code.

(H) "Conciliation" means a process to achieve a just resolution which assures that any unlawful discriminatory practice of respondent will be eliminated by requiring appropriate affirmative relief or other action.

(I) "Continuing violation" means a violation of Chapter 4112. of the Revised Code that has no definite ending date. Whether or not a particular violation is continuing depends upon the circumstances of the case.

(J) "Director" means the duly appointed executive director of the commission.

(K) "Discriminate" includes, but is not limited to, segregating or separating, according different treatment, or taking actions fair in form but which have a disparate impact, on the basis of membership in a protected class.

(L) "Hearing examiner" or "administrative law judge" means a person or persons appointed by the commission pursuant to division (A)(3) of section 4112.04 of the Revised Code, to process complaints, conduct public hearings, and issue hearing examiner reports.

(M) "Party or parties" include the commission, the complainant or complainants, the respondent or respondents and other persons joined pursuant to rule 4112-3-05 of the Administrative Code.

(N) "Respondent" means a person against whom a charge has been filed, or with respect to whom an investigation has been initiated by the commission without a charge, or against whom a complaint has been issued.

(O) "Unlawful discriminatory practice" means any act or acts prohibited by sections 4112.02, 4112.021, 4112.022, and 4112.14 of the Revised Code.

(P) "Notice of right to sue", also referred to as a notice of suit rights, is a notice sent by the commission to a person who files a charge under section 4112.051 of the Revised Code that states the person who filed the charge may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.

(Q) Other terms used in Chapters 4112-1 to 4112-3 shall have the same meaning as set forth in Chapter 4112. of the Revised Code, unless the context requires another construction.

Last updated April 11, 2023 at 8:25 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-01

(A) Who may file. Any person may file with the commission.

(B) Form of charge.

The charge shall be in writing, the original being signed in the manner prescribed in rule 4112-1-01 of the Administrative Code.

(1) A signature may be made in electronic format in accordance with the Uniform Electronic Transactions Act, Chapter 1306. of the Revised Code.

(2) An oath may be made in any form of affirmation the person deems binding on the person's conscience. Acceptable forms of oath include attestation before a notary public or persons duly authorized by law to administer oaths, as well as a signature made under a written declaration of penalty of perjury or other statements binding the person's conscience.

(C) Contents. A charge shall contain the following:

(1) The full name and address of the person making the charge.

(2) The full name and address of the person against whom the charge is made.

(3) A concise statement of the facts which the complainant believes indicates an unlawful discriminatory practice.

(4) The dates of the alleged unlawful discriminatory practice; or if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuing acts are alleged to have occurred.

(D) Time of filing.

(1) Charges filed after April 15, 2021 alleging unlawful discriminatory practices related to employment under divisions (A), (B), (C), (D), (E), (F), (I), and (J) of section 4112.02 of the Revised Code must be filed within two years after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging violations of sections 4112.021, 4112.022, and division (G) of section 4112.02 of the Revised Code must be filed within six months after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging unlawful discriminatory practices not relating to employment under divisions (I) and (J) of section 4112.02 of the Revised Code must be filed within six months after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging violations of division (H) of section 4112.02 of the Revised Code must be filed within one year after the unlawful discriminatory practices alleged in the charge were committed.

(2) In cases of recurring or continuing violations, the filing period begins to run anew with each new discriminatory act or with each new day of the continuing violation.

(3) A charge filed with either the U.S. equal employment opportunity commission (EEOC) or the U.S. department of housing and urban development (HUD) which lists the commission as the deferral/referral agency, or which is received by the commission for investigation, is deemed filed with the commission on the date the charge is received at one of the commission's offices. A charge filed with the EEOC or with HUD is deemed timely filed with the commission provided that the charge is filed with EEOC within two years of the alleged discriminatory acts or with HUD within one year of the alleged unlawful discriminatory acts.

(E) Place of filing. A charge may be filed with the commission at any of its offices in person or by mail, facsimile, or online at http://civ.ohio.gov/. A charge is deemed filed upon date of receipt by the commission.

(F) Forms. Charge forms may be obtained at any of the offices of the commission or online at http://civ.ohio.gov/, but the use of any particular form is not required for the proper filing of a charge.

(G) Amendment of charges. A charge may be amended to cure technical defects or omissions, including failure to sign the charge as prescribed by rule 4112-1-01 of the Administrative Code or to clarify and amplify allegations made therein, or to add or substitute respondents or complainants. Amendments relate back to the original filing date. However, an amendment alleging additional acts constituting unlawful discriminatory practices not related to or growing out of the subject matter of the original charge will be timely only where, at the date of the amendment, the allegation could have been timely filed as a separate charge.

(H) Joinder of parties in same charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, all persons complaining of unlawful discriminatory practices arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may join as complainants in a single charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, all persons charged with unlawful discriminatory practices arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may be joined as respondents in the same charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, any person may be joined as a party if in the person's absence complete relief cannot be accorded among those who are already parties.

(I) Withdrawal of charge. A charge or any part of a charge may be withdrawn only with the written consent of the commission. The commission may delegate the authority to the director or the director's designee to grant consent to a request to withdraw a charge, other than a commissioner charge, where the withdrawal of charge will not defeat the purpose of Chapter 4112. of the Revised Code. When the request to withdraw a charge is received, the commission may proceed to make a finding of probable cause, no probable cause, or other appropriate finding, notwithstanding the pending request to withdraw the charge.

Last updated September 3, 2024 at 9:13 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-05

(A) Issuance of complaint. If the commission determines that it is probable that any unlawful discriminatory practices have been or are being engaged in against the complainant or others, the commission shall serve upon the complainant, any aggrieved person other than the complainant on whose behalf the complaint is issued, and the respondent or their attorneys of record, if any, a complaint containing a notice of hearing. The commission may delegate authority to the director or the director's designee to issue a complaint on behalf of the commission.

(B) Contents of complaint. Any complaint issued by the commission shall contain the following:

(1) An identification of the unlawful discriminatory practice or practices alleged;

(2) A short and plain statement of the factual allegations showing the basis for the alleged unlawful discriminatory practice or practices;

(3) A request for relief, setting out the terms or substance of the order which would be appropriate to enter if the matters alleged in the complaint are proven to be true by reliable, probative, and substantial evidence.

(C) Contents of notice of hearing and right of election.

(1) The notice of hearing shall state the date of hearing which shall be within the county in which the alleged unlawful discriminatory practice has occurred or is occurring or in which the respondent resides or transacts business. Hearings may also be conducted and attended by means of teleconference, video conference, or any other similar electronic technology. The notice may omit the date and time of hearing with an explanation that the date and time will be set by later notice.

(2) Where the complaint alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, the aggrieved person and the respondent shall be provided with a notice of the right to elect to proceed with the administrative hearing process under this rule or to proceed under division (A)(2) of section 4112.055 of the Revised Code.

(D) Amendment of complaint. Rule 15(C) of the "Ohio Rules of Civil Procedure" and division (C) of section 4112.05 of the Revised Code shall govern whether an amendment relates back to the date of the filing of the earlier complaint. The amended complaint shall be served on all original parties and new parties added or substituted through the amended complaint.

(E) Joinder of parties. Any person may be joined as a party to a proceeding before the commission in accordance with the standards set forth in Rules 19 through 21 of the "Ohio Rules of Civil Procedure."

(F) Consolidation of complaints. The member(s) of the commission or administrative law judge(s) conducting the hearing may, in their discretion, consolidate two or more complaints into a single proceeding at any time prior to public hearing.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-02 Computation of time.

(A) In computing any period of time referred to in the rules of the commission or contained in any order of the commission, the day of the act, event, or occurrence from which the designated procedure begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday observed by the state of Ohio, in which event the time period shall run until the end of the next day which is neither a Saturday, Sunday or a legal holiday. All time periods are measured by calendar days, except where business days are expressly indicated.

(B) Whenever a party has a right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon that party and such notice or paper is served by non-electronic mail, three days shall be added to the prescribed period.

Last updated April 11, 2023 at 8:25 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-03 General investigation.

The commission may, in its discretion, conduct such general investigations into the problems of discrimination as it deems necessary or desirable and may study and report upon the problems of the effect of discrimination on any field of human relationships.

Last updated June 20, 2023 at 9:02 AM

History

• Effective: June 19, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-04 Commission meeting.

(A) Notice of meetings. The commission will provide notification of the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings pursuant to the following provisions:

(1) Any persons may ascertain the time and place of all regularly scheduled and special meetings by:

(a) Writing to the attention of the public affairs office of the Ohio civil rights commission at 30 E. Broad street, 5th floor, Columbus, Ohio 43215;

(b) Calling the commission; or

(c) Visiting the commission's website at http://www.civ.ohio.gov/.

(2) Any representative of the news media may obtain notice of all special meetings by requesting in writing that notice be provided. Notice will be given to only one representative of any particular publication or radio or television station. A request for notification shall be addressed to the attention of the public affairs office of the Ohio civil rights commission at 30 E. Broad street, 5th floor, Columbus, Ohio 43215. The request shall provide the name, mailing address, a maximum of two telephone numbers and, if available, a facsimile transmission number and an e-mail address where the media representative can be reached. The commission shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(3) In the event of a special meeting, the commission shall notify all media representatives on the list of the meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting.

(b) Notifying representatives by telephone, facsimile transmission, or e-mail no later than twenty-four hours prior to the special meeting.

(4) In the event of an emergency meeting, the commission shall notify all media representatives on the list of the meeting by providing either the notice described in paragraph (A)(3)(b) of this rule, or notifying the clerk of the state house press room except that the notice need not be given twenty-four hours prior to the meeting but shall be given as soon as possible.

(B) Minutes of commission meetings. All minutes of regular or special meetings of the commission shall be prepared, maintained, and made available for public inspection. At the beginning of each commission meeting, the executive director or the director's designee shall inform those present that the notice requirements set forth in this rule have been complied with and this shall be noted in the commission minutes.

Last updated September 3, 2024 at 9:13 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-05 Delegation of powers and duties.

Except where contrary to law, the commission may delegate any of the powers and duties of the commission to the members of the staff of the commission.

Last updated June 20, 2023 at 9:03 AM

History

• Effective: June 19, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-06 Certification of documents.

The director or the director's designee is authorized to certify all documents or records which are a part of the files and records of the commission.

Last updated September 14, 2023 at 12:48 PM

History

• Effective: September 14, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-07 Incorporation by reference.

Where this chapter incorporates by reference a provision of a statute, a civil rule, a regulation, or any other standard or guideline, such provision is incorporated as it exists at the effective date of this rule.

Last updated June 20, 2023 at 9:03 AM

History

• Effective: June 19, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-08 Availability of rules.

The rules of the commission shall be available to the public at all commission offices. A certified copy of these rules shall be filed by the director with the secretary of state and the legislative service commission at Columbus, Ohio.

Last updated October 2, 2023 at 11:34 AM

History

• Effective: July 12, 1989
• Promulgated Under: 111.15

Ohio Adm.Code 4112-1-09 Service by the commission.

Except as otherwise provided in these rules or in the Ohio Revised Code, notices, decisions, orders, and other substantive process and papers of the commission may be served personally, by mail, or by electronic mail. Service by mail or electronic mail shall be deemed completed upon mailing. Whenever a party is represented before the commission by an attorney, service may be made upon the attorney in lieu of such party.

Last updated April 11, 2023 at 8:26 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Chapter 4112-3 Procedural Provisions

Ohio Adm.Code 4112-3-01 Charge.

(A) Who may file. Any person may file with the commission.

(B) Form of charge.

The charge shall be in writing, the original being signed in the manner prescribed in rule 4112-1-01 of the Administrative Code.

(1) A signature may be made in electronic format in accordance with the Uniform Electronic Transactions Act, Chapter 1306. of the Revised Code.

(2) An oath may be made in any form of affirmation the person deems binding on the person's conscience. Acceptable forms of oath include attestation before a notary public or persons duly authorized by law to administer oaths, as well as a signature made under a written declaration of penalty of perjury or other statements binding the person's conscience.

(C) Contents. A charge shall contain the following:

(1) The full name and address of the person making the charge.

(2) The full name and address of the person against whom the charge is made.

(3) A concise statement of the facts which the complainant believes indicates an unlawful discriminatory practice.

(4) The dates of the alleged unlawful discriminatory practice; or if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuing acts are alleged to have occurred.

(D) Time of filing.

(1) Charges filed after April 15, 2021 alleging unlawful discriminatory practices related to employment under divisions (A), (B), (C), (D), (E), (F), (I), and (J) of section 4112.02 of the Revised Code must be filed within two years after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging violations of sections 4112.021, 4112.022, and division (G) of section 4112.02 of the Revised Code must be filed within six months after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging unlawful discriminatory practices not relating to employment under divisions (I) and (J) of section 4112.02 of the Revised Code must be filed within six months after the unlawful discriminatory practices alleged in the charge were committed. Charges alleging violations of division (H) of section 4112.02 of the Revised Code must be filed within one year after the unlawful discriminatory practices alleged in the charge were committed.

(2) In cases of recurring or continuing violations, the filing period begins to run anew with each new discriminatory act or with each new day of the continuing violation.

(3) A charge filed with either the U.S. equal employment opportunity commission (EEOC) or the U.S. department of housing and urban development (HUD) which lists the commission as the deferral/referral agency, or which is received by the commission for investigation, is deemed filed with the commission on the date the charge is received at one of the commission's offices. A charge filed with the EEOC or with HUD is deemed timely filed with the commission provided that the charge is filed with EEOC within two years of the alleged discriminatory acts or with HUD within one year of the alleged unlawful discriminatory acts.

(E) Place of filing. A charge may be filed with the commission at any of its offices in person or by mail, facsimile, or online at http://civ.ohio.gov/. A charge is deemed filed upon date of receipt by the commission.

(F) Forms. Charge forms may be obtained at any of the offices of the commission or online at http://civ.ohio.gov/, but the use of any particular form is not required for the proper filing of a charge.

(G) Amendment of charges. A charge may be amended to cure technical defects or omissions, including failure to sign the charge as prescribed by rule 4112-1-01 of the Administrative Code or to clarify and amplify allegations made therein, or to add or substitute respondents or complainants. Amendments relate back to the original filing date. However, an amendment alleging additional acts constituting unlawful discriminatory practices not related to or growing out of the subject matter of the original charge will be timely only where, at the date of the amendment, the allegation could have been timely filed as a separate charge.

(H) Joinder of parties in same charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, all persons complaining of unlawful discriminatory practices arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may join as complainants in a single charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, all persons charged with unlawful discriminatory practices arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may be joined as respondents in the same charge. In charges alleging violations of division (H) of section 4112.02 of the Revised Code, any person may be joined as a party if in the person's absence complete relief cannot be accorded among those who are already parties.

(I) Withdrawal of charge. A charge or any part of a charge may be withdrawn only with the written consent of the commission. The commission may delegate the authority to the director or the director's designee to grant consent to a request to withdraw a charge, other than a commissioner charge, where the withdrawal of charge will not defeat the purpose of Chapter 4112. of the Revised Code. When the request to withdraw a charge is received, the commission may proceed to make a finding of probable cause, no probable cause, or other appropriate finding, notwithstanding the pending request to withdraw the charge.

Last updated September 3, 2024 at 9:13 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-1-01

When used in Chapter 4112. of the Revised Code and Chapters 4112-1 to 4112-3 of the Administrative Code:

(A) "Chair" or "chairperson" means the commissioner designated "chairman" by the governor pursuant to section 4112.03 of the Revised Code.

(B) "Charge" means a written statement made under oath alleging that any person has engaged in or is engaging in unlawful discriminatory practices which is filed pursuant to rule 4112-3-01 of the Administrative Code and Chapter 4112. of the Revised Code. The oath may be executed in one of the following manners:

(1) Attestation before a notary public or persons duly authorized by law to administer oaths, or

(2) A signature made under a written declaration of penalty of perjury or other statements binding the person's conscience.

(C) "Commission" means the Ohio civil rights commission and any of its designated representatives.

(D) "Commission attorney" means the attorney or attorneys directed by the attorney general of Ohio to represent the commission, pursuant to division (B) of section 4112.05 and section 4112.10 of the Revised Code.

(E) "Commissioner" includes any one of the members of the commission duly appointed, pursuant to section 4112.03 of the Revised Code.

(F) "Complainant" or "charging party" means any person filing a charge.

(G) "Complaint" means a formal complaint issued by the commission pursuant to Chapter 4112. of the Revised Code and rule 4112-3-05 of the Administrative Code.

(H) "Conciliation" means a process to achieve a just resolution which assures that any unlawful discriminatory practice of respondent will be eliminated by requiring appropriate affirmative relief or other action.

(I) "Continuing violation" means a violation of Chapter 4112. of the Revised Code that has no definite ending date. Whether or not a particular violation is continuing depends upon the circumstances of the case.

(J) "Director" means the duly appointed executive director of the commission.

(K) "Discriminate" includes, but is not limited to, segregating or separating, according different treatment, or taking actions fair in form but which have a disparate impact, on the basis of membership in a protected class.

(L) "Hearing examiner" or "administrative law judge" means a person or persons appointed by the commission pursuant to division (A)(3) of section 4112.04 of the Revised Code, to process complaints, conduct public hearings, and issue hearing examiner reports.

(M) "Party or parties" include the commission, the complainant or complainants, the respondent or respondents and other persons joined pursuant to rule 4112-3-05 of the Administrative Code.

(N) "Respondent" means a person against whom a charge has been filed, or with respect to whom an investigation has been initiated by the commission without a charge, or against whom a complaint has been issued.

(O) "Unlawful discriminatory practice" means any act or acts prohibited by sections 4112.02, 4112.021, 4112.022, and 4112.14 of the Revised Code.

(P) "Notice of right to sue", also referred to as a notice of suit rights, is a notice sent by the commission to a person who files a charge under section 4112.051 of the Revised Code that states the person who filed the charge may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.

(Q) Other terms used in Chapters 4112-1 to 4112-3 shall have the same meaning as set forth in Chapter 4112. of the Revised Code, unless the context requires another construction.

Last updated April 11, 2023 at 8:25 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-02 Fact finding conferences.

A commission staff member may be assigned to initiate contact with the complainant and respondent, and conduct a fact-finding conference between the complainant and respondent or their representatives to examine the factual basis behind the charge.

Any party who participates in a fact-finding conference may be accompanied by legal counsel, whose role shall be limited to advising his/her client, unless agreed to by all parties present, including the commission staff member conducting the conference.

Last updated September 14, 2023 at 8:31 AM

History

• Effective: September 14, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-03 Preliminary investigation, probable cause, conciliation, alternative dispute resolution, no probable cause.

(A) Preliminary investigation. After the receipt of a charge, the director or the director's designee may assign a member or members of the commission staff to conduct a preliminary investigation. The investigation shall be designed to obtain necessary information upon which the commission can determine whether it is probable that any unlawful discriminatory practices have been or are being engaged in by the respondent. The commission's investigation of any alleged unlawful discriminatory practices need not be limited to the particular facts or issues raised in any charge affidavit.

(B) Probable cause determination. Where the facts indicate that it is probable that any unlawful discriminatory practices have been or are being engaged in, the director or the director's designee may refer the matter to the commission and recommend that the commission approve a finding of probable cause and authorize proceeding with conciliation. The commission may delegate authority to the director or the director's designee to make a finding of probable cause and issue a letter of determination and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of a finding of probable cause, the complainant may withdraw the charge and request a notice of right to sue.

(C) Elimination of unlawful discriminatory practices. When the commission finds that probable cause does exist and the commission does not receive and grant a request to withdraw the charge and issue a notice of right to sue upon notification of a probable cause finding, the commission shall instruct the director or the director's designee to endeavor to eliminate all unlawful discriminatory practices by conference, conciliation, and persuasion. Any party may request the matter be considered for alternative dispute resolution. However, the commission has sole discretion to determine the method and terms utilized to effect the elimination of any unlawful discriminatory practice.

(D) Conciliation agreement and consent order. If, as a result of conference, conciliation, and persuasion the commission is able to provide for voluntary compliance with sections 4112.01 to 4112.08 of the Revised Code, and to effect the elimination of any unlawful discriminatory practices, whether against the complainant or others, it may prepare a conciliation agreement and consent order which will set forth all measures to be taken by the parties thereto, including provisions for affirmative and other relief, goals and timetables, and compliance reports. The conciliation agreement and consent order shall be signed by the persons to be bound by the agreement and a representative of the commission. An executed conciliation agreement and consent order is a final order of the commission for the purposes of section 4112.06 of the Revised Code.

(E) Informal attempts to eliminate unlawful discriminatory practices. Failure by a respondent to agree to the terms proposed by the commission to effect the elimination of an unlawful discriminatory practice or to submit a counter proposal acceptable to the commission shall constitute prima facie evidence of a failure, within the meaning of division (A) of section 4112.05 or division (F) of section 4112.051 of the Revised Code, of informal methods of conference, conciliation, and persuasion.

(F) No probable cause determination and dismissal. Where the facts, as determined during the preliminary investigation, indicate that it is not probable that any unlawful discriminatory practices have been or are being engaged in, the director or the director's designee shall refer the charge to the commission with a recommendation of dismissal. The commission may thereupon dismiss the charge and serve on the complainant and other parties notification of its action. The commission may delegate authority to the director or the director's designee to make a finding of no probable cause and issue a letter of determination and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of a finding of no probable cause, the commission will issue the complainant a notice of a right to sue.

(G) Other administrative findings as necessary. If during the preliminary investigation the commission finds a reason exists to bring about an administrative finding other than a probable cause or no probable cause finding, the commission may delegate authority to the director or the director's designee to make a finding necessary and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of an administrative finding, the commission may issue the complainant a notice of right to sue.

(H) Investigation without charge. When preliminary investigations are initiated by the commission on its own motion, no specific charge need be filed with the commission. The commission shall promptly notify the respondent in writing of an investigation.

(I) Compliance reports. The commission may require any party to submit to it such compliance reports as the commission deems necessary showing compliance with the terms of any conciliation agreement and consent order.

(J) Investigation after conciliation. The commission may make compliance investigations regarding conciliation agreements and consent orders and cease and desist orders and take appropriate action according to its findings, pursuant to paragraphs (B)(2) and (B)(3) of rule 4112-3-10 of the Administrative Code.

(K) Non-disclosure. Nothing said or done during endeavors at conference, conciliation, and persuasion or during alternative dispute resolution shall be disclosed by any member of the commission or its staff or be used as evidence in any subsequent hearing or other proceeding unless the respondent asserts that the commission's duty to attempt conciliation pursuant to section 4112.05 of the Revised Code has not been met. The commission may, however, publish the terms of an executed conciliation agreement and consent order.

Last updated September 3, 2024 at 9:13 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-10

(A) Content. The final order of the commission issued after a hearing shall be accompanied by findings of fact and conclusions of law.

(B) Issuance of a cease and desist order.

(1) If upon all the reliable, probative, and substantial evidence the commission determines that a respondent has engaged in, or is engaging in, any unlawful discriminatory practices, whether against the complainant or others, the commission shall serve on the respondent an order containing findings of fact and conclusions of law, and requiring the respondent to cease and desist from such unlawful discriminatory practices and to take any further affirmative or other action as will effectuate the purposes of Chapter 4112. of the Revised Code.

(a) Affirmative or other action may include, but is not limited to, hiring, reinstatement, or upgrading of employees with or without back pay; admission or restoration to union membership or to training programs with utilization of objective criteria for admission; admission to places of public accommodation; remediation; the sale or lease of housing accommodations and lending money upon equal terms and conditions; cancellation, rescission, or revocation of a contract, deed, lease, or other document transferring any housing accommodation which is the subject of a charge or complaint of unlawful discrimination to a person who had notice, prior to the transfer or execution of the agreement to make the transfer, that a charge or complaint under division (H) of section 4112.02 of the Revised Code was filed or issued.

(b) If a respondent is operating by virtue of any license or permit issued by the state or a political subdivision or agency thereof, or is holding a contract or subcontract with the state or a political subdivision or agency thereof, and the commission determines after a hearing that the respondent has engaged in or is engaging in any unlawful discriminatory practices, the commission shall send a certified copy of its findings and order to the licensing or contracting authority.

(2) At any time during which its order is in effect, the commission may investigate whether the terms of the order are being complied with. Upon a determination that the terms of the order are not being complied with, the commission may take appropriate action to assure compliance including, but not limited to, petitioning a common pleas court for its enforcement. Upon a determination that the order is being complied with and all unlawful discriminatory practices have been eliminated, the commission may issue a declaratory order stating that the respondent has ceased to engage in unlawful discriminatory practices. The issuance of a declaratory order shall not affect the requirement of any respondent to submit such compliance reports as the commission may direct.

(3) The commission and the respondent, may at any time, enter into a written conciliation agreement and consent order which shall also constitute a cease and desist order of the commission. Conciliation agreement and consent orders shall include an express provision that the respondent intends to be legally bound thereby and agrees to waive public hearing. Conciliation agreement and consent orders and cease and desist orders shall have the same force and effect as a final order of the commission entered after hearing and may be filed by the commission for enforcement purposes in the appropriate common pleas court pursuant to section 4112.06 of the Revised Code.

(C) Issuance of dismissal order. If upon all the reliable, probative, and substantial evidence the commission finds that a respondent has not engaged in any unlawful discriminatory practices against the complainant or others, it shall serve on the parties an order dismissing the complaint as to that respondent.

(D) Service. Copies of orders, accompanied by a notice of the statutory right to judicial review, shall be served on all parties and their representatives.

(E) Filing of orders. Final orders of the commission issued after a hearing shall be filed in the principal office of the commission in the city of Columbus and shall be open to public inspection during regular office hours of the commission.

Last updated September 3, 2024 at 9:15 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-04 Reconsideration by the commission.

(A) Procedure for applying for reconsideration. Any party may apply to the commission for reconsideration of a determination of probable cause or any final commission determination of a preliminary investigation. The application must be in writing, state specifically the grounds on which it is based, and be filed, along with all supporting materials, with the commission at its central office compliance department in Columbus within ten days from the date of service of the notice of determination. The commission shall serve notice of the application for reconsideration on all other parties to the matter in which the application for reconsideration is filed. Parties may file for reconsideration by facsimile, by mail, or by electronic mail.

(B) Determination of application for reconsideration.

The commission may, in its discretion, accept or reject an application for reconsideration.

(1) If the commission rejects an application for reconsideration, it shall record its action accordingly and shall notify the parties.

(2) If the commission accepts an application for reconsideration, it shall make a determination and shall notify the parties. The commission may, in its discretion, hear one or more of the parties.

(C) Reconsideration by motion of the commission. The commission may, upon its own motion, reconsider any determination. If the commission reconsiders a determination on its own motion, it shall record its action accordingly and notify the parties.

(D) If the commission sets aside a final order of a preliminary investigation, the final order is vacated and the charge is pending until the commission issues another preliminary investigation final order or issues a formal complaint.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-05 Complaint and notice of hearing.

(A) Issuance of complaint. If the commission determines that it is probable that any unlawful discriminatory practices have been or are being engaged in against the complainant or others, the commission shall serve upon the complainant, any aggrieved person other than the complainant on whose behalf the complaint is issued, and the respondent or their attorneys of record, if any, a complaint containing a notice of hearing. The commission may delegate authority to the director or the director's designee to issue a complaint on behalf of the commission.

(B) Contents of complaint. Any complaint issued by the commission shall contain the following:

(1) An identification of the unlawful discriminatory practice or practices alleged;

(2) A short and plain statement of the factual allegations showing the basis for the alleged unlawful discriminatory practice or practices;

(3) A request for relief, setting out the terms or substance of the order which would be appropriate to enter if the matters alleged in the complaint are proven to be true by reliable, probative, and substantial evidence.

(C) Contents of notice of hearing and right of election.

(1) The notice of hearing shall state the date of hearing which shall be within the county in which the alleged unlawful discriminatory practice has occurred or is occurring or in which the respondent resides or transacts business. Hearings may also be conducted and attended by means of teleconference, video conference, or any other similar electronic technology. The notice may omit the date and time of hearing with an explanation that the date and time will be set by later notice.

(2) Where the complaint alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, the aggrieved person and the respondent shall be provided with a notice of the right to elect to proceed with the administrative hearing process under this rule or to proceed under division (A)(2) of section 4112.055 of the Revised Code.

(D) Amendment of complaint. Rule 15(C) of the "Ohio Rules of Civil Procedure" and division (C) of section 4112.05 of the Revised Code shall govern whether an amendment relates back to the date of the filing of the earlier complaint. The amended complaint shall be served on all original parties and new parties added or substituted through the amended complaint.

(E) Joinder of parties. Any person may be joined as a party to a proceeding before the commission in accordance with the standards set forth in Rules 19 through 21 of the "Ohio Rules of Civil Procedure."

(F) Consolidation of complaints. The member(s) of the commission or administrative law judge(s) conducting the hearing may, in their discretion, consolidate two or more complaints into a single proceeding at any time prior to public hearing.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-06 Answer.

(A) Time of filing answer. A respondent against whom a complaint has been issued and on whom a notice of hearing and copy of the complaint has been served shall file a written answer within twenty-eight days from the date of service of the complaint and notice of hearing.

(B) Place and manner of filing. The answer shall be filed in duplicate with the commission's division of hearings and served on the commission's attorney and all other parties to the proceeding. The answer served on the commission's attorney may be served at 30 E. Broad street, 15th floor, Columbus, Ohio 43215. The copies of the answer filed with the commission's division of hearings may be filed by regular mail or personal delivery at 30 E. Broad street, 5th floor, Columbus, Ohio 43215; facsimile at 614-644-8776; or electronic submission at hearings@civ.ohio.gov.

(C) Extension of time. Upon application, the member(s) of the commission or administrative law judge(s) conducting the hearing, for good cause shown, may extend the time within which the answer may be filed. No application shall be granted within thirty days prior to the date set for the hearing.

(D) Form of answer. The answer shall be in writing and shall contain the address, business e-mail address, and telephone and facsimile numbers of the respondent, and if respondent is represented by an attorney, the name, address, business e-mail address, and telephone and facsimile numbers of the attorney. The answer shall contain an admission or denial of each and every allegation of the complaint, including a denial of any knowledge or information sufficient to form a belief concerning an allegation. Any allegation in the complaint which is not denied or admitted in the answer shall be deemed admitted. The answer shall also contain a statement of any matter constituting a defense. An affirmative defense not first set forth by answer may not be raised at hearing. Any allegation of a new matter contained in an answer shall be deemed denied without the necessity of a reply.

(E) Amendment of answer. The respondent may apply to the member(s) of the commission or administrative law judge(s) conducting the hearing to amend an answer. Upon application, the member(s) of the commission or administrative law judge(s) conducting the hearing, for good cause shown, may permit a respondent to file an amended answer. No amended answer shall be accepted for filing within thirty days of the date set for the hearing.

(F) Answer to an amended complaint. Whenever a complaint is amended, the respondent shall be permitted to file an amended answer in the same manner as the original answer was filed.

(G) Failure to file answer. A respondent who has not filed an answer as provided in paragraphs (A) to (F) of this rule shall be deemed in default and the allegations of the complaint shall be deemed admitted. Upon application duly made to the member(s) of the commission or administrative law judge(s) conducting the hearing, a default finding may be set aside for the following reasons:

(1) Mistake,

(2) Surprise, or

(3) Excusable neglect.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-07 Hearing.

(A) Scope of rule. This rule governs the practice and procedure of administrative hearings conducted by the commission.

(B) Administrative law judges. The commission may employ or appoint such individuals as the commission may, from time to time, determine necessary to act as administrative law judges.

(C) Appearances of parties.

(1) As soon as practicable after the issuance of a complaint and the notice of hearing, the parties shall designate in writing one person to act as their representative for all matters relevant to the complaint and hearing. A copy of this designation shall be filed with the member(s) of the commission or administrative law judge(s) conducting the hearing and served on all parties. The designation shall include the address, email address, and telephone and facsimile numbers of all representatives.

(2) An attorney may not withdraw his or her designation for a party without leave of the member(s) of the commission or administrative law judge(s) conducting the hearing.

(3) An attorney who is not admitted to practice law in Ohio may be granted leave to appear on behalf of a party on a pro hac vice basis after they have satisfied the requirements specified by the Supreme Court of Ohio.

(4) The complainant shall be a party to the proceeding and may be present at the hearing. Each respondent may appear at the hearing through one designated representative. Except as provided under paragraph (G) of rule 4112-3-06 of the Administrative Code, the respondent may examine and cross-examine witnesses and the complainant, and may introduce documentary or other evidence. Complainant and respondent's representative may be called to testify or be cross-examined by opposing counsel and may sit at the respective counsel tables despite a separation of witnesses.

(5) Where the complaint alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, an aggrieved person who intends to examine and cross-examine witnesses, introduce documentary or other evidence, or otherwise participate in the presentation of evidence in support of the complaint, must file and serve a designation as described in paragraph (C)(1) of this rule.

(6) A designation filed beyond the time period set forth in paragraph (C)(1) of this rule may be considered and accepted by the member(s) of the commission or administrative law judge(s) conducting the hearing, provided that accepting the designation is necessary to effectuate justice between the parties and will neither affect the substantial rights of, nor unduly prejudice, any of the parties.

(D) Conduct of hearings. Hearings shall be conducted consistent with this rule by the member(s) of the commission or by one or more administrative law judges or any combination of the above who are designated by the commission for such purpose. If more than one member of the commission or administrative law judge conducts a hearing, one of them shall be designated by the commission as the presiding member.

(E) Pre-hearing conferences. At any time before the hearing begins, the member(s) of the commission or administrative law judge(s) conducting the hearing may direct the parties to participate in one or more pre-hearing conferences, submit pre-hearing memoranda, or both. The pre-hearing conference may be conducted by telephone or at any place selected by the member(s) of the commission or administrative law judge(s) conducting the hearing or by means of teleconference, video conference, or any other similar electronic technology selected by the member(s) of the commission or administrative law judge(s) conducting the hearing.

(1) The purpose of the conference shall be to simplify and clarify the issues and to address any other matter that will tend to expedite the proceedings, including the avoidance of undue repetition or complication in the presentation of evidence or argument. These matters may include but are not limited to:

(a) The necessity or desirability of amending the complaint or answer;

(b) The possibility of obtaining stipulations of fact, or admissions of undisputed facts. The commission expects the parties to stipulate evidence to the fullest extent to which complete or qualified agreement can be reached, including all material facts that are not or fairly should not be in dispute;

(c) Reviewing the contents of and establishing the authenticity of documents;

(d) Requests for the issuance of subpoenas;

(e) Schedules for taking of depositions and the use of depositions in the proceeding;

(f) Schedule for the completion of discovery;

(g) An agreement limiting the number of expert witnesses and other witnesses and limiting the subject matter of their testimony;

(h) The disclosure of the names and addresses of witnesses;

(i) The exchange of documents intended to be offered in evidence; and

(j) The possibility of settlement.

(2) Whenever a pre-hearing conference is held, the member(s) of the commission or administrative law judge(s) conducting the hearing, at the request of any party, shall issue an order which recites the matters discussed, the agreements reached, and the rulings made at the pre-hearing conference. The order shall be served on the parties and shall be filed in the record of the proceedings on the complaint.

(3) Should a party fail to comply with the regulations of the commission regarding pre-hearing conferences or submission of pre-hearing memorandums, after being served with due notice and an opportunity to comply, said failure may constitute a waiver of all objections to the agreements reached, if any, and any order or ruling with respect thereto.

(F) Pre-hearing motions.

(1) Unless the commission determines otherwise in a particular case, and prior to the hearing on any complaint, all motions made to the commission relating to the complaint and the hearing thereon shall be filed with and ruled upon by the member(s) of the commission or administrative law judge(s) conducting the hearing. Recommendations by the member(s) of the commission or administrative law judge(s) conducting the hearing to grant motions to dismiss shall be forwarded to the commission for consideration.

(2) Every motion, memorandum, and supporting document filed with the member(s) of the commission or administrative law judge(s) conducting the hearing shall be served on all the parties or their representatives with proof of service attached.

(3) All motions shall contain a memorandum stating the reasons in support of the motion and citing the authorities upon which the movant relies. If the motion requires consideration of facts not appearing in the record, the movant shall also serve and file copies of all affidavits, depositions, or other documentary evidence the movant desires to present in support of the motion. Any party opposing a motion may file a responsive memorandum within fourteen days after service of the motion. The movant may file a reply within seven days after service of the responsive memorandum. Where the circumstances warrant and upon equitable terms and conditions, the member(s) of the commission or administrative law judge(s) conducting the hearing may modify the time periods specified in this rule.

(G) Time of hearing. A hearing shall be conducted as set forth in the notice of hearing, except as such may be changed by the member(s) of the commission or administrative law judge(s) conducting the hearing as set forth below:

(1) The member(s) of the commission or administrative law judge(s) conducting the hearing may postpone or continue any hearing upon his or her own motion or upon motion of a party for good cause shown and proper diligence.

(2) A motion for postponement served less than five days in advance of a hearing or made at the hearing shall not be granted unless the movant demonstrates that an extraordinary situation exists which could not have been anticipated and which would justify the granting of the postponement.

(H) Procedure at hearings.

(1) Except as otherwise provided in this paragraph, the evidence in support of the complaint shall be presented at the hearing by counsel for the commission pursuant to division (B)(6) of section 4112.05 and section 4112.10 of the Revised Code.

(a) If an aggrieved person files a designation in accordance with paragraph (C)(5) of this rule, the evidence in support of the complaint shall be presented by counsel for the commission and by the aggrieved person or their counsel.

Notwithstanding the participation of the aggrieved person, counsel for the commission shall serve as lead counsel and retains the authority to manage and direct the manner of case preparation and presentation of evidence in support of the complaint at the hearing, including but not limited to the selection and use of expert and lay witnesses, as necessary or appropriate in pursuit of the public interest and the accomplishment of the purposes of Chapter 4112. of the Revised Code.

(b) If the aggrieved person does not file a designation in accordance with paragraph (C)(5) of this rule, the evidence in support of the complaint shall be presented solely by counsel for the commission.

(2) The member(s) of the commission or administrative law judge(s) conducting the hearing shall take into account all reliable, probative, and substantial evidence. Irrelevant, immaterial, unreliable, and unduly repetitious evidence may be excluded.

(3) The member(s) of the commission or administrative law judge(s) conducting the hearing may examine witnesses, admit or exclude testimony or other evidence, rule upon objections, and take such other actions as are necessary and proper to conduct the hearing.

(4) Where hearings are conducted by three or more commissioners and/or administrative law judges, all rulings and determinations shall be made by majority rule.

(5) Written stipulations of fact may be introduced in evidence, if signed by the parties to be bound thereby, or their representative. Oral stipulations may be made on the record at the hearing.

(6) The member(s) of the commission or administrative law judge(s) conducting the hearing may continue a hearing from day-to-day or adjourn it to a different place as is permitted by law, or by agreement of the parties, adjourn it to a later date.

(7) The member(s) of the commission or administrative law judge(s) conducting the hearing shall permit the parties or their representatives and other persons permitted to appear pursuant to paragraph (C) of this rule to argue orally and/or to submit written briefs. The commission 's attorney may file a written brief within twenty-one days after receipt by the commission's attorney of the transcript of the public hearing. The respondent and complainant or their representatives may file briefs within twenty-one days of being served with the brief of the commission's attorney, and the commission's attorney may file a reply brief within ten days of being served with the brief of the respondent. These time periods may be extended as the member(s) of the commission or administrative law judge(s) conducting the hearing may determine for good cause shown.

(8) The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, at its discretion, the commission, upon notice to the parties, may take further testimony or hear arguments or order an administrative law judge to do so. The parties may be present and be heard at the proceeding.

(9) Standards of conduct and supervision:

(a) All persons appearing before the commission or an administrative law judge shall conform to the standards of ethical conduct required in the courts of the state of Ohio.

(b) The member(s) of the commission or administrative law judge(s) conducting the hearing, for good cause shown, may bar from participation in a particular proceeding any person who refuses to comply with his or her directions or who engages in disorderly conduct, dilatory tactics, or contemptuous language in the course of the proceeding.

(10) All hearings shall be open to the public, unless for good cause, the member(s) of the commission or administrative law judge(s) conducting the hearing shall decide otherwise.

(11) Any person appearing before the commission as a non-party witness in any public hearing shall have a right to be accompanied, represented, and advised by an attorney whose participation in the hearing, or other proceeding, shall be limited to the protection of the rights of the witness and who may not examine or cross-examine witnesses.

(I) Transcript of hearing.

(1) A record shall be made of all hearings before the member(s) of the commission or administrative law judge(s) conducting the hearing. The record may be recorded by stenographic means, by the use of audio-electronic recording devices, or by video recording devices as the member(s) of the commission or administrative law judge(s) conducting the hearing may direct. Hearings before the member(s) of the commission or administrative law judge(s) conducting the hearing which are recorded electronically shall be transcribed into written form. Opening and closing statements shall not be included in the transcripts unless the member(s) of the commission or administrative law judge(s) conducting the hearing so directs.

(2) A party may request the member(s) of the commission or administrative law judge(s) conducting the hearing to provide a court reporter for a hearing if the member(s) of the commission or administrative law judge(s) conducting the hearing has not elected to do so. In such case, the requesting party shall be responsible for payment of the court reporter's fees and expenses, including the cost of production of the transcript, the original of which shall become the official transcript.

(J) Post-hearing motions. Unless the commission determines otherwise in a particular case, all post-hearing motions made before issuance of the member(s) of the commission or administrative law judge(s) conducting the hearing's report shall be addressed to the member(s) of the commission or administrative law judge(s) conducting the hearing and shall be ruled upon by him or her subject to commission approval, modification, or disapproval pursuant to rule 4112-3-09 of the Administrative Code.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-09

(A) Written report and recommendation. Upon due consideration of the evidence adduced at the hearing and the arguments made, the member(s) of the commission or administrative law judge(s) conducting the hearing shall submit to the commission a written report setting forth findings of fact, conclusions of law, and a recommendation of action to be taken by the commission.

(B) Objections. Any party or aggrieved person who has met the requirements of paragraph (C)(1) of rule 4112-3-07 of the Administrative Code may file and serve a written statement of objections to the written report and recommendation with the commission. Written statements of objections shall be considered by the commission before approving, modifying, or disapproving the member(s) of the commission or administrative law judge(s) conducting the hearing's recommendation. Objections must be filed within twenty days from the date the member(s) of the commission or administrative law judge(s) conducting the hearing's report was served.

(1) Any party or aggrieved person who has met the requirements of paragraph (C)(1) of rule 4112-3-07 of the Administrative Code may file a written response to objections. A response to objections must be filed within fourteen days from the date the objections were served.

(2) Objections and responses to objections must be filed with the compliance department and the division of hearings of the commission at 30 E. Broad street, 5th floor, Columbus, Ohio 43215 and served on all parties.

(C) Consideration of written report and recommendation. The commission shall consider the written report and recommendation of the member(s) of the commission or administrative law judge(s) conducting the hearing at any regular or special meeting. The commission may approve, modify, or disapprove the written report and recommendation of the member(s) of the commission or administrative law judge(s) conducting the hearing and shall issue its order accordingly.

Last updated September 3, 2024 at 9:15 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-08 Transcript of the record.

The transcript of the record at any hearing shall consist of the notice of hearing, the pleadings, the stenographic transcript of the testimony taken at the hearing, the exhibits and depositions offered in evidence, proffers of evidence, written applications, orders, motions, memoranda, stipulations, briefs, the findings of fact, conclusions of law and recommendations of the member(s) of the commission or administrative law judge(s) conducting the hearing, the objections to the member(s) of the commission or administrative law judge(s)'s recommendation, and the responses thereto and final orders of the commission.

Last updated September 3, 2024 at 9:14 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-11 Reconsideration of final orders.

(A) The commission, on its own motion or by motion of any party, may set aside any final order and, after reasonable notice has been given, take action as it may deem necessary, including reinstating or modifying in whole or in part any finding or order previously made by it.

(B) In reconsidering any final order, the commission may consider the following:

(1) Mistake, inadvertence, surprise, or excusable neglect;

(2) Newly discovered evidence, which by due diligence, could not have been discovered prior to the public hearing;

(3) Fraud, misrepresentation, or other misconduct of a party; or

(4) Any other reason for setting aside in whole or in part the final order previously issued.

Last updated September 3, 2024 at 9:15 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-12 Discovery.

(A) In general. The commission and respondent shall both enjoy the same rights of discovery as are provided for in division (B)(3) of section 4112.04 of the Revised Code, and in rules 26 through 37 of the Ohio Rules of Civil Procedure except to the extent that the civil rules by their nature would be inapplicable or Chapter 4112. of the Revised Code or this rule provides otherwise.

All costs associated with discovery shall be paid by the party conducting or seeking discovery.

(B) Evidence of damages. Except as otherwise ordered by the member(s) of the commission or administrative law judge(s) conducting the hearing, a party or aggrieved person shall, upon proper discovery request, provide a computation of each category of damages claimed or incurred by a party or aggrieved person and a copy of, or a description by category and location of, all documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered.

(C) Except as set forth in paragraph (A) of this rule, the member(s) of the commission or administrative law judge(s) conducting the hearing has the discretion to control the scope of discovery, including, but not limited to, issuing protective orders on his or her own motion.

(D) Sanctions. If a party or aggrieved person fails to provide or permit discovery, the party seeking discovery may file a motion to compel discovery. If the motion is granted, in whole or in part, and the party or aggrieved person fails to produce the discovery as ordered, the member(s) of the commission or administrative law judge(s) conducting the hearing may take action as is just, including, but not limited to, the following:

(1) Inferring that the admission, testimony, document, or other evidence would have been adverse to the party or aggrieved person;

(2) Ordering that, for purposes of the adjudication, the matters regarding which the order was made shall be taken to be established in accordance with the claim of the party obtaining the order;

(3) Prohibiting the party or aggrieved person failing to comply with the order from introducing evidence concerning, or otherwise relying upon, documents or other evidence withheld;

(4) Ordering that the party or aggrieved person withholding discovery not introduce into evidence, or otherwise use in the hearing, information obtained in discovery;

(5) Permitting the requesting party to introduce secondary evidence concerning the information sought;

(6) Striking any appropriate part of the pleadings or other submissions of the party or aggrieved person failing to comply with the order;

(7) Recommending dismissal of the complaint for failure to cooperate; or

(8) Taking other action as may be appropriate.

(E) Any sanctions taken against a complainant or aggrieved person shall not impact the commission's ability to present evidence in any manner other than excluding the testimony of the sanctioned complainant or aggrieved person.

Last updated September 3, 2024 at 9:15 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-13 Subpoenas.

(A) Issuance of subpoenas. A commissioner may issue a subpoena to compel the attendance of witnesses or the production of evidence, including, but not limited to, books, records, correspondence, or other documents relating to any matter under investigation by the commission or as otherwise permitted under Chapter 4112. of the Revised Code. The director or the director's designee may sign and issue subpoenas on behalf of the commission. Subpoenas issued on behalf of the commission for a public hearing may be issued by the member(s) of the commission or administrative law judge(s) conducting the hearing. Subpoenas issued under this rule shall be governed by division (B)(3) of section 4112.04 of the Revised Code, the Ohio Rules of Civil Procedure, and rule 4112-3-12 of the Administrative Code.

(B) Issuance of subpoena at the request of respondent. Subpoenas shall be issued upon receipt of a written request from a respondent or respondent's representative which identifies the case caption and complaint number and contains the name and address of the person to be served. Subpoena requests for the production of documents must specify the documents to be produced. Subpoenas issued at the request of a respondent shall contain the name and address of the respondent and shall state that they were issued at the respondent's request. Subpoenas issued on behalf of a respondent shall be sent to the respondent and served by the respondent, consistent with the Ohio Rules of Civil Procedure.

(C) Fees. Where a subpoena or subpoena for production of evidence is issued upon the application of the respondent, the cost of service and witness and mileage fees shall be borne by the respondent. Witness and mileage fees shall be the same as paid by the common pleas courts of Ohio as outlined in section 2335.06 of the Revised Code.

(D) Failure to obey subpoena. On the failure of any person to obey a subpoena, the commission may make application to the common pleas court of the county in which the witness resides, was served, or transacts business, for an order from the court for a person to show cause why he or she shall not be held in contempt and further relief as may be appropriate.

Last updated September 3, 2024 at 9:15 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-14 Miscellaneous motions or petitions.

(A) All motions and petitions made to the commission, except motions governed by paragraph (F) or (J) of rule 4112-3-07 of the Administrative Code, shall contain a memorandum stating the reasons in support of the motion or petition and citing the authorities upon which the movant or petitioner relies. If the motion or petition requires consideration of facts not appearing in the record, the movant or petitioner shall also serve and file copies of all affidavits, depositions, or other documentary evidence to be considered in support of the motion or petition.

(1) Any party opposing a motion or petition may file a responsive memorandum within seven days after service of the motion or petition. Where the circumstances warrant and upon equitable terms and conditions, the time period for filing a responsive memorandum may be extended by the commission.

(2) No reply or other memoranda may be filed except by special permission of the commission.

(B) Supporting memorandum required. The movant shall file with his or her motion a memorandum stating the reasons in support of the motion and citing the authorities upon which the movant relies. Every motion or petition and responsive memorandum shall be filed with the compliance department of the commission at 30 E. Broad street, 5th floor, Columbus, Ohio 43215 and served on all parties, with proof of service attached.

(C) Oral arguments will not be permitted except upon leave of the commission after a written request and proper showing by the movant or petitioner. The time of hearing and length of oral argument on a motion or petition filed under this rule shall be fixed by the commission.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-15 Application for bona fide occupational qualification.

(A) Application. Any person seeking a bona fide occupational qualification (BFOQ) pursuant to division (E) of section 4112.02 of the Revised Code must submit a written application to the commission. The application must contain the following:

(1) A list of the specific job classifications which are the subject of the application;

(2) A full statement of the facts giving rise to the application;

(3) A legal memorandum in support of the application containing appropriate citations; and

(4) Supporting evidence, including affidavits and other documentation, which the applicant believes justifies the approval of the application.

(B) Consideration of application. After an application has been submitted in compliance with this rule, the commission may consider the application at a regularly scheduled meeting and either:

(1) Grant or deny the application; or

(2) Refer the application to the commission staff for further investigation; or

(3) Refer the matter to an administrative law judge to conduct a public hearing on the application.

(C) Disposition. Any application that is referred to the commission staff for further investigation or to an administrative law judge for a public hearing shall be considered by the commission at a regularly scheduled meeting as soon as practical after receipt of an investigative report or the administrative law judge's report. The commission may grant or deny the application for a BFOQ after the hearing or further investigation.

(D) Denial of a BFOQ. In the event the commission denies the applicant's application for a BFOQ, a denial shall not preclude the applicant from asserting a BFOQ as a defense to a charge of discrimination at any subsequent public hearing concerning the issues regarding which the application for a BFOQ was sought.

(E) Denial of a BFOQ is not appealable. The commission's denial of a request for a BFOQ, pursuant to this rule, shall not be deemed to be a final appealable order of the commission.

(F) Expiration of a BFOQ. Any BFOQ granted pursuant to this rule shall expire after two years, unless the person previously granted a BFOQ has applied for and been granted an extension by the commission.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-16 Disposition of electronic records.

Electronic records of all hearings shall be preserved so long as the record may be the basis of a proceeding to obtain judicial review and may be reviewed by any party at the commission's central office during regular business hours.

(A) The electronic record will be erased and made available for reuse when the following facts signify that the electronic record may no longer be the basis for a proceeding to obtain judicial review:

(1) The commission has issued a final order with respect to the particular matter, and

(2) All parties required to be advised of the order have been sent proper notices, and

(3) Any party entitled to obtain judicial review of the order has failed to timely file a petition to obtain judicial review.

(B) If a timely petition to obtain judicial review is filed, the electronic record of hearings may be erased and made available for reuse sixty days after the time when such record has been fully transcribed and the transcription received by the court wherein the petition to obtain judicial review was filed and received by all parties, provided no objection has been filed.

(C) If a timely petition to obtain judicial review is filed and an objection is made to the accuracy of the transcription, the electronic record may not be erased until two years have passed from the date of the final order of the commission or until all state appellate proceedings have been completed.

(D) The disposition of electronic records as provided in this rule is subject to the permission of the state records commission pursuant to section 149.37 of the Revised Code.

Last updated January 30, 2024 at 12:46 PM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-17 Deferral of charges to EEOC and referral of charges to HUD.

The commission may, without further action, defer any charge to the U.S. equal employment opportunity commission (EEOC), the subject matter of which is within the EEOC's jurisdiction, for investigation, findings, or other proceedings. The commission may, without further action, refer any charge to the U.S. department of housing and urban development (HUD), the subject matter of which is within HUD's jurisdiction, for investigation, findings, and other proceedings. The commission may adopt, in whole or in part, modify, or reject the findings of the EEOC and HUD and may take whatever further action as may be necessary to secure the rights of persons under, and achieve the purposes of, Chapter 4112. of the Revised Code. In the event that no further action is necessary, the commission shall deem its activities with respect to any charge as having terminated as of the date the charge is deferred to the EEOC or referred to HUD.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-18 Notice of right to sue for charges related to employment.

(A) If the commission ceases its preliminary investigation upon a request in writing from complainant to cease its preliminary investigation and issue a notice of right to sue or the commission determines that it is not probable that an unlawful discriminatory practice relating to employment has occurred or is occurring after a preliminary investigation, the commission shall issue a notice of a right to sue to complainant along with the notice to the complainant of the commission's determination and that it will not issue a complaint in the matter. For all other determinations by the commission relating to charges of unlawful discriminatory practices related to employment, prior to the issuance of a formal complaint, the commission may issue a notice of right to sue to complainant after the commission issues a final order. The notice of right to sue shall state that the complainant may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.

(B) The commission may issue a notice of right to sue no sooner than sixty days after a charge related to employment is filed.

(C) Upon the commission issuing a formal complaint or a final order after the time period for filing reconsideration has passed without a party applying for reconsideration, the reconsideration is denied by the commission, or the reconsideration resulted the issuance of a final order or a formal complaint, a charge related to employment is considered no longer pending for purposes of tolling under division (C) of section 4112.052 of the Revised Code or division (E) of section 4112.14 of the Revised Code.

Last updated April 11, 2023 at 8:30 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Chapter 4112-5 Discrimination

Ohio Adm.Code 4112-5-01 Purpose.

The purpose of commission rules and regulations on discrimination is to assure compliance with the provisions of Chapter 4112. of the Revised Code. Commission rules express the Ohio civil rights commission's interpretation of language in Chapter 4112. of the Revised Code and indicate factors which the commission will consider in determining whether or not there has been a violation of the law. Commission rules apply to every action which falls within the coverage of Chapter 4112. of the Revised Code, and are not intended to either expand or contract the coverage of Chapter 4112. of the Revised Code.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-02 Definitions.

When used in Chapter 4112. of the Revised Code and Chapters 4112-5 to 4112-7 of the Administrative Code:

(A) "Accommodation" for persons with a disability as applied to:

(1) Employers means a reasonable adjustment made to a job and/or the work environment that enables a qualified disabled person to be able to safely and substantially perform the duties of that position per rule 4112-5-08 of the Administrative Code.

(2) Places of public accommodation means an adjustment to the facility or policies of the place of public accommodation that enables a person with a disability the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation as outlined in rule 4112-5-06 of the Administrative Code.

(3) Housing means an adjustment to the policies and/or practices related to housing as outlined in rule 4112-5-07 of the Administrative Code.

(4) Institutions of higher education means an adjustment to post-secondary education programs and activities, including post-secondary vocational educational programs and activities as defined in section 4112.022 of the Revised Code as outlined in rule 4112-5-09 of the Administrative Code.

(B) "Adverse impact" means a neutral policy or practice of an employer or other entity covered by Chapter 4112. of the Revised Code which has a disproportionate impact (or can reliably be predicted to have a disproportionate impact) on a protected class. A policy or practice constitutes an unlawful discriminatory practice, unless it can be justified by business necessity.

(C) "Animal assistant" means any animal which aids the persons with a disability. Specific examples include:

(1) A dog which alerts a hearing impaired person to sounds;

(2) A dog which guides a visually impaired person;

(3) A monkey which collects or retrieves items for a person whose mobility is impaired.

(D) "Bona fide occupational qualification" (hereinafter denoted BFOQ) means those special job situations where an employer may hire employees or take other employment related actions on the basis of sex, age, religion, national origin, or disability justified by business necessity.

(E) "Business necessity" means a practice or policy essential to job performance such that no acceptable or alternative practice or policy with lesser discriminatory impact exists.

(F) "Employee" means any person employed on the date of the alleged discriminatory practice. An individual compensated by an employment agency for work to be performed for an employer contracting with the employment agency may be considered an employee of the contracting employer for such terms, conditions, and privileges of employment under the control of that employer and an employee of the employment agency with regard to such terms, conditions, and privileges of employment under the control of the employment agency.

(G) "Fringe benefits" include medical, hospital, accident, life insurance, and retirement benefits; profit-sharing and bonus plans; leave and other terms, conditions, and privileges of employment.

(H) "Disabled person" or "person with a disability" as applied to sections 4112.02, 4112.021, and 4112.022 of the Revised Code includes any person who presently has a disability as defined by division (A)(13) of section 4112.01 of the Revised Code or any person who has had a disability as defined by division (A)(13) of section 4112.01 of the Revised Code, who no longer has any functional limitation, but who is treated by a respondent as having a disability, or any person who is regarded as disabled by a respondent.

(I) "Place of public accommodation" includes, but is not limited to, all places included in the meaning of such terms as inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest; restaurants or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores, and establishments dealing with goods or services of any kind, including, but not limited to, the credit facilities thereof; banks, savings and loan associations, establishments of mortgage bankers and brokers, all other financial institutions, and credit information bureaus; insurance companies and establishments of insurance policy brokers; dispensaries, clinics, hospitals, bathhouses, health spas, swimming pools, laundries and all other cleaning establishments; barber shops, beauty parlors, theaters, motion picture houses, airdomes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors, video arcades; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls and public elevators of buildings and structures, occupied by two or more tenants, or by the owner and one or more tenants; or any place that offers accommodations, advantages, facilities or privileges to a substantial public on a nonsocial, sporadic, impersonal and nongratuitous basis.

(J) "Housing accommodations" mean any building, structure, or portion thereof which is occupied as or designated or intended for occupancy as a home, residence, or sleeping place of one or more persons, whether or not living independently of each other. Such term also includes any real property which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(K) "Qualified disabled person " means, with respect to employment, a disabled person who can safely and substantially perform the essential functions of the job in question, with or without reasonable accommodation, and who is not excluded from the coverage of Chapter 4112. of the Revised Code.

Last updated September 14, 2023 at 8:32 AM

History

• Effective: September 14, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-08

(A) Discrimination prohibited. No qualified disabled person shall, on the basis of disability, be subjected to discrimination in employment as it relates to:

(1) Recruitment, advertising and the processing of applications for employment;

(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation or any changes in compensation;

(4) Job assignment, job classification, organizations, organizational structure, position descriptions, lines of progression, and seniority lists;

(5) Departure and return from leaves of absence, sick leave, or any other leave;

(6) Fringe benefits available by virtue of employment, whether or not administered by the respondent, except as provided in paragraph (F) of this rule;

(7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities and selection for leaves of absence to pursue training;

(8) Employer-sponsored activities, including social or recreational programs; and

(9) Any other term, condition or privilege of employment.

(B) Pre-employment inquiries.

(1) Pre-employment inquiries are permissible if they are designed to:

(a) Determine whether an applicant can perform the job without significantly increasing the occupational hazards to himself or herself, to others, to the general public or to the work facilities;

(b) Determine whether the applicant can perform the essential functions of the job with or without a reasonable accommodation.

(2) The pre-employment inquiries permissible under paragraph (E) of this rule should be preceded by a statement that discrimination on the basis of a disability, which does not create the occupational hazards nor prevent substantial job performance, as set out in paragraph (E) of this rule, is prohibited by state law.

(3) Information obtained in accordance with this paragraph as to the medical condition or history of the applicant shall be collected only through the use of separate forms which shall be accorded confidentiality as medical records. Supervisors may, however, be given information and instructions necessary to the person's health and safety and may be informed of work restrictions and necessary accommodations.

(4) If, pursuant to federal contract requirements or a bona fide affirmative action plan, an employer is required to maintain records of the number of persons with a disability who apply, and/or who are employed, such records shall be gathered and maintained in such a fashion as to preclude their inadvertent or deliberate use for discriminatory purposes and to avoid possible misinterpretation by applicants of the purpose for which such data will be used.

(C) Pre-employment physical examinations.

(1) Pre-employment physical examinations may be given after a conditional offer of employment has been extended to the applicant if such examinations are used:

(a) To determine those matters set out in paragraph (B)(1) of this rule;

(b) To establish a base line for health records and facilitate preventive medicine programs; or

(c) For other reasons demonstrated by the employer to be valid. Such examinations cannot be used to exclude an applicant, unless the disability resulting in the exclusion creates a significant occupational hazard or prevents substantial job performance as set out in paragraph (E) of this rule.

(2) Information obtained in a physical examination shall be collected and used in the same manner as set out in paragraph (B)(3) of this rule.

(D) Burden of proof when applicant is excluded based on disability.

(1) Burden of proof. If an applicant is refused employment, or an employee is discriminated against in any term, condition or privilege of employment because of a disability, the employer shall have the burden of establishing the basis for the refusal or discrimination, whether it is based upon a BFOQ, occupational hazard, inability to substantially perform the job or inability of the employer to accommodate.

(2) Bona fide occupational qualifications.

(a) Division (E) of section 4112.02 of the Revised Code, which is distinct from the exemption language of division (K) of section 4112.02 of the Revised Code, permits discrimination against persons with a disability when such discrimination is based on a BFOQ. The commission construes the BFOQ exception very narrowly and requires an employer to prove that all or substantially all persons with a particular disability are unable to perform the typical duties of the job in question.

(b) The following job requirements are BFOQs:

(i) Any specific requirement set out in a statute of the United States or an authorized regulation of an agency of the United States government; and

(ii) Any specific requirement set out in a statute of the state of Ohio or an authorized regulation of an agency of the state of Ohio, or in an ordinance, authorized rule, or other official act of a unit of local government of the state of Ohio, unless the Ohio civil rights commission finds that the state or local requirement is not consistent with the laws against discrimination.

(c) The following are not BFOQs:

(i) Preferences or objections of co-workers, the employer, clients or customers; and

(ii) Physical or administrative obstacles or inadequacies in work facilities that reasonably can be corrected as provided in paragraph (E) of this rule.

(3) Occupational hazards.

(a) Division (K) of section 4112.02 of the Revised Code, provides that a person with a disability need not be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the person with a disability, other employees, the general public or the facilities in which the work is to be performed. If this section is relied upon to refuse to hire or train a person with a disability, it is the employer's burden to establish the manner and degree to which such occupational hazards would be increased. Objective standards must be used to evaluate any such increased hazards. Only "significant" increases in hazards justify refusal to hire or train. Thus, the hazard must be reasonably foreseeable with a significant probability of happening.

(b) Occupational hazards specifically recognized by the United States department of labor's occupational safety and health administration, which are not correctable by reasonable accommodation, meet the requirements of division (K) of section 4112.02 of the Revised Code and will justify refusal to employ or train a person with a disability.

(c) Even if under existing circumstances occupational hazards would be significantly increased, an employer may not rely on division (K) of section 4112.02 of the Revised Code to refuse to employ or to train a person with a disability if, through reasonable accommodation pursuant to paragraph (E) of this rule, the significantly increased occupational hazards could be avoided.

(4) Ability to perform the job.

(a) Division (K) of section 4112.02 of the Revised Code further provides that a person with a disability need not be employed or trained in a job that requires him or her routinely to undertake any task, the performance of which is substantially and inherently impaired by his or her disability. The determination of whether a person with a disability is substantially unable to perform a job must be made on an individual basis, taking into consideration the specific job requirements and the individual person with a disability's capabilities.

(b) An employer cannot rely on division (K) of section 4112.02 of the Revised Code to exclude a person with a disability unless the job requires him or her to routinely undertake a task which such person cannot substantially perform. A task which is an infrequent, irregular or nonessential element of a job cannot be used to exclude a person with a disability.

(c) An employer cannot rely on division (K) of section 4112.02 of the Revised Code to exclude a person with a disability if, through reasonable accommodation pursuant to paragraph (E) of this rule, the person with a disability can substantially perform the essential elements of the job.

(d) The performance of a job by a person with a disability is not substantially and inherently impaired by his or her disability within the meaning of division (K) of section 4112.02 of the Revised Code, if such person is capable of performing the job, with reasonable accommodation to his or her disability, at the minimum acceptable level of productivity applicable to a non-disabled incumbent employee or applicant for employment.

(e) A physician's opinion on whether a person's disability substantially and inherently impairs his or her ability to perform a particular job will be given due weight in view of all of the circumstances including:

(i) The physician's knowledge of the individual capabilities of the applicant or employee, as opposed to generalizations as to the capabilities of all persons with the same disability, unless the disability is invariable in its disabling effect;

(ii) The physician's knowledge of the actual sensory, mental, and physical qualifications required for substantial performance of the particular job; and

(iii) The physician's relationship to the parties.

(E) Reasonable accommodation.

(1) An employer must make reasonable accommodation(s) to the disability of an employee or applicant, unless the employer can demonstrate that such an accommodation(s) would impose an undue hardship on the conduct of the employer's business.

(2) Accommodations may take the form, for example, of providing access to the job, job restructuring, acquisition or modification of equipment or devices or a combination of any of these. Job restructuring may consist, among other things, of realignment of duties, revision of job descriptions, or modified and part-time work schedules. Specific examples include:

(a) If a job entails primarily typing duties with some irregular messenger or delivery tasks, the messenger or delivery tasks could be assigned to an ambulatory employee so that a nonambulatory person with a disability with satisfactory typing skills could be employed.

(b) If an employee with a disability is required to have physical therapy during normal working hours, his or her work schedule could be modified to allow the employee to make up the time lost because of the therapy.

(3) In determining whether an accommodation would result in undue hardship to an employer, the following factors may be considered:

(a) Business necessity;

(b) Financial cost and expense where such costs are unreasonably high in view of the size of the employer's business, the value of the employee with a disability's work, whether the cost can be included in planned remodeling or maintenance, and the requirements of other laws and contracts; and

(c) Other appropriate considerations which the employer can support with objective evidence.

(4) The exceptions to the prohibition against discrimination because of disability set out in division (E) of section 4112.02 and division (K) of section 4112.02 of the Revised Code, and paragraph (E) of this rule are not applicable where reasonable accommodation would remove the limitation on the person with a disability's ability to safely and substantially perform the job.

(F) Application and testing procedures.

(1) An employer may not use any test or other criterion which creates barriers to employment opportunities of persons with a disability unless:

(a) The test or criterion being used has been validated as related to job performance for the position in question; and

(b) Alternative tests or criteria to predict the same job performance, but which have less adverse effect, are shown to be unavailable.

(2) Validated tests shall be administered to persons with a disability in a manner which ensures that the test accurately reflects the applicant's or employee's job skills, aptitude or whatever other factor the test purports to measure, rather than reflecting the person's disability itself, except where such disability impairs the very factors which the test purports to measure.

(G) Fringe benefits.

(1) An employer may not discriminate on the basis of disability in providing fringe benefits to employees. Any fringe benefit plan must provide for equal benefits and equal contributions to the plan by persons with a disability and non-disabled persons unless any difference in benefits or contributions is justified by verifiable actuarial figures and an actual substantial increase in cost to the employer.

(2) Where, on an actuarial basis as set forth in paragraph (G)(1) of this rule, participation by a person with a disability in a fringe benefit is prohibitive because of a substantial increase in cost of the benefit, the employee shall have the option of either paying the additional cost of the benefit above the cost for non-disabled persons or losing the benefit, but being paid by the employer a sum equal to the contribution the employer would have made for the benefit on behalf of the employee.

(3) In no event shall a person with a disability be denied employment because of inability to participate in a fringe benefit plan as described in paragraphs (G)(1) and (G)(2) of this rule.

(H) Voluntary affirmative action plans.

(1) In determining whether an employer has violated the proscriptions of Chapter 4112. of the Revised Code against discrimination based on disability, the Ohio civil rights commission will consider evidence of an employer's efforts to establish and implement a voluntary affirmative action plan for employment of persons with a disability. The Ohio civil rights commission is specifically interested in implementation of such plans which has resulted in employment of persons with a disability and in changes in employment practices or procedures which will facilitate access to employment by persons with a disability.

(2) Approval by an agency of the United States government of an employer's affirmative action plan that is required by federal law, does not relieve such employer of the obligations imposed by Chapter 4112. of the Revised Code, as it relates to employment of persons with a disability but such plans will be treated as voluntary plans for the purposes of paragraph (H)(1) of this rule.

Last updated April 11, 2023 at 8:32 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-06

(A) Discrimination prohibited. It shall constitute unlawful discrimination in violation of Chapter 4112. of the Revised Code for any facility which is a place of public accommodation to:

(1) Deny any person with a disability the reasonable access to and use of the areas within such facility which are open to and used by the public in general.

(2) Deny any disabled person with a disability any term, condition, privilege, service or advantage which, upon entrance to such facility, accrues to the public in general. For example, no person with a disability shall be denied, except for reasons applicable alike to all persons regardless of disability, the full use and enjoyment of:

(a) Recreational or social facilities within such place of public accommodation.

(b) Food services within such facility.

(c) Maintenance services within such facility.

(d) Any service such place of public accommodation is in the business of providing.

(3) Directly or indirectly publish, circulate, issue, display, post or mail any written, printed or broadcast communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of such place of public accommodation shall be refused, withheld or denied to any person on account of disability.

(4) Deny any person with a disability in a place of public accommodation the attendance of an animal assistant or require the person with a disability to pay an extra charge for the attendance of the animal assistant.

(B) Reasonable accommodation. Whether a place of public accommodation has reasonably accommodated its facility for use by persons with a disability shall be determined on a case-by-case basis; however, factors such as the following will be considered:

(1) Whether parking spaces for the disabled are provided in close proximity to the building entrance;

(2) Whether walkways from such parking spaces have been made accessible to persons with a disability;

(3) Whether steps at building entrances have been supplemented by a means of access to the building entrance, such as ramps or by sloped grading;

(4) Whether public entrance doorways provide persons with a disability with reasonable access to such building;

(5) Whether public telephones, lavatory facilities, water fountains, elevators, corridors, vending machines, stairways, food service lanes and aisles, utility outlets of frequent or essential use, and other similar facilities within such place of public accommodation are accessible to persons with a disability; and

(6) Whether aids, services, or other methods are utilized to ensure reasonable means of communication with the person with a disability.

(C) Burden of proof. The owner, proprietor, keeper, or manager of a place of public accommodation shall have the burden of proving that the denial of any accommodation, advantage, facility or privilege to a person with a disability is based on a restriction applicable to all persons regardless of disability or an inability to reasonably accommodate due to undue hardship.

(D) Undue hardship. Upon an owner's, proprietor's, keeper's or manager's claim of inability to accommodate a person with a disability due to undue hardship, factors such as the following will be considered:

(1) Business necessity.

(2) Whether the cost of accommodating the person with a disability would be substantially disproportionate to the total cost, use, or size of such place of accommodation.

(3) Whether or not it is architecturally feasible to make reasonable accommodation.

(4) The requirements of other laws and contracts.

(5) Other appropriate considerations the proprietor, keeper, or manager of the place of public accommodation can support with objective evidence.

(E) New construction of places of public accommodation. Each place of public accommodation which is to be designed or constructed, after the effective date of rule 4112-5-06 of the Administrative Code, shall be deemed to have met the requirements of rule 4112-5-06 of the Administrative Code if they are so designed and constructed as to be readily accessible to and usable by persons with a disability.

(F) Alterations and renovation of places of public accommodation. Each place of public accommodation which is altered or renovated in whole or in part, after the effective date of rule 4112-5-06 of the Administrative Code, shall be deemed to have met the requirements of rule 4112-5-06 of the Administrative Code if they are so altered or renovated as to be reasonably accessible to and usable by persons with a disability. However this paragraph shall not apply to repairs and minor alterations of such buildings.

(G) "American National Standards Institute" accessibility standards. In order to meet the accessibility requirements of paragraphs (E) and (F) of this rule, all places of public accommodation designed, constructed, renovated, or altered after the effective date of rule 4112-5-06 of the Administrative Code shall, at a minimum, conform such design, construction, renovation, or alteration of its facilities to the "American National Standard Specification for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped," published by the "American National Standards Institute," as such standards are periodically and officially revised.

(H) Variances. Variations with the requirements set forth in the "American National Standards Institute" specifications may be permissible when full compliance with such standards would result in undue hardship. The factors set forth in paragraph (D) of this rule shall be considered when a claim of undue hardship is raised.

(I) Seating accommodations in places of public accommodations. As regulated by the number of persons to be accommodated by fixed seating, the following number of spaces for wheelchairs shall be provided:

(1)

(2) In lieu of the requirements set forth in paragraph (I)(1) of this rule, there may be provided sections of fixed seating that can be readily removed when the occasion warrants.

(J) Parking spaces for persons with a disability in places of public accommodation. If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces shall be provided for persons with a disability in each such parking area in conformance with the table below:

(1)

Spaces required by the table in paragraph (J)(1) of this rule need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost, and convenience is ensured.

(2) One in every eight accessible spaces must be designed with adequate adjacent space to deploy a lift used with a van. The access aisle for van accessible spaces must be a minimum of 96 inches wide. These spaces must have a sign indicating they are van accessible, as required under "Accessibility Guideline 4.6.4" of the Americans with Disabilities Act, but they are not reserved exclusively to van users. The minimum vertical clearance at van accessible spaces is ninety-eight inches at the parking space, and along at least one vehicle access route from the site entrance and exit to the parking space, as required under "Accessibility Guideline 4.6.5" of the Americans with Disabilities Act of 1990, 42 U.S.C. 12181 - 12189, as amended as of the effective date of January 1, 2009. All van accessible spaces may be grouped on one level of a parking structure.

(K) Building codes. Nothing in this chapter on the disabled shall be construed to minimize or circumvent in any way more stringent accessibility standards required of a place of public accommodation by local, state or federal building codes.

Last updated April 11, 2023 at 8:32 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-07

(A) Discrimination prohibited. No person shall, on the basis of a disability, be subjected to discrimination in housing accommodations as it relates to:

(1) The sale, transfer, assignment, renting, subleasing or financing of such accommodations. In particular, it shall constitute unlawful discrimination in violation of Chapter 4112. of the Revised Code for any person to:

(a) Refuse to sell, rent, transfer, or sublease after making a bona fide offer to a person, because of such person's disability.

(b) Refuse to negotiate for the sale, renting, transfer, subleasing, or financing of housing accommodations because of a person's disability.

(c) Refuse to consider sources of a disabled applicant's income or to subject the applicant's source of income or ability to generate income to automatic discounting in whole or in part because of such applicant's disability.

(d) Segregate the placement of a person with a disability in a unit, floor, building or complex within such housing accommodations, unless such placement is at the request or with the consent of the person with a disability.

(2) Advertising or listing for the sale, transfer, assignment, renting, subleasing, or financing of housing accommodations.

(3) Membership or participation in any organization, service, or facility relating to the selling, transfer, assignment, renting, subleasing, or financing of housing accommodations.

(4) Representations as to the availability of such housing or its availability for inspection.

(5) Representations of the composition of the block, neighborhood or area, in which such housing is located, because of the presence or anticipated presence of persons with a disability.

(6) Any housing accommodations sponsored activities, including social or recreational activities.

(7) Any housing accommodation services, including maintenance and utility services.

(8) Any other term, condition, or privilege in the sale, transfer, assignment, renting, subleasing, or financing of such housing accommodations.

(B) Application inquiries. It shall constitute unlawful housing discrimination for any person to make any written or oral inquiries or record concerning the disability of any applicant or intended occupant involved in the sale, renting, assignment, or subleasing of housing accommodations, unless such inquiries or records are made pursuant to federal contract requirements of a bona fide affirmative action plan. If such records or inquiries are so required, they shall be maintained in such a fashion as to preclude their inadvertent or deliberate use for discriminatory purposes and to avoid possible misinterpretation by applicants of the purpose for which such data will be used.

(C) Animal assistants. Every person with a disability who has an animal assistant or who obtains an animal assistant shall be entitled to keep the animal assistant on the premises purchased, leased, rented, assigned, or subleased by such person with a disability. He or she shall not be required to pay any extra charge for such animal assistant but shall be liable for damage done by the animal assistant to the premises.

(D) Duty to accommodate. Nothing in rule 4112-5-07 shall require any person selling, transferring, assigning, leasing or subleasing housing accommodations to modify such property in any way or provide a higher degree of care for a person with a disability. Nor shall anything in rule 4112-5-07 relieve any person with a disability of any obligation generally imposed on all persons regardless of disability in any lease, agreement, or contract of purchase concerning such housing accommodations, except that a person with a disability shall be permitted, at his or her own expense, to make reasonable modifications of existing premises occupied or to be occupied by such person if modifications are necessary to afford such person full enjoyment of the premises. When the person with a disability vacates the premises and if it was reasonable for the landlord to have obtained an agreement conditioning permission for the proposed modification upon such an agreement and such an agreement was obtained, the interior modifications shall be removed at the person with a disability's expense and the premises restored to its original condition. Reasonable accommodations in rules, policies, practices, or services shall also be made when such accommodations are necessary to afford a person with a disability equal opportunity to use and enjoy a premises.

(E) Burden of proof. If an applicant, because of disability, is refused housing accommodations or discriminated against in any term, condition, or privilege in the sale, assignment, transfer, renting, subleasing, or financing of housing accommodations, the owner, landlord, proprietor, or agent shall have the burden of establishing the basis for such refusal or discrimination.

(F) Health and safety. It shall constitute a defense to a claim of unlawful housing discrimination that the sale, transfer, assignment, renting, or subleasing of such housing accommodations would, under the circumstances, pose a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. However, defenses raised pursuant to this paragraph will be closely scrutinized. Speculative evidence of hazards to health and safety will not suffice.

Last updated April 11, 2023 at 8:32 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-09

(A) Applicability. This rule applies to post-secondary education programs and activities, including post-secondary vocational educational programs and activities as defined in section 4112.022 of the Revised Code.

(B) Admissions and recruitment.

(1) Generally. Qualified disabled persons shall not be denied admission or be subjected to discrimination in admission or recruitment on the basis of disability at an educational institution covered by Chapter 4112. of the Revised Code.

(2) Admissions. In administering its admission policies, an educational institution:

(a) May not apply limitations upon the number or proportion of persons with a disability who may be admitted;

(b) May not make use of any test or criterion for admission that has a disproportionate adverse effect on persons with a disability or any class of persons with a disability unless:

(i) The test or criterion, as used by the educational institution, has been validated as a predictor of success in the education program or activity in question; and

(ii) Alternate tests or criteria that have a less disproportionate adverse effect are shown not to be available.

(c) Shall assure itself that:

(i) Admissions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the applicant's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure);

(ii) Admissions tests that are designed for persons with impaired sensory, manual or speaking skills are offered as often and in as timely a manner as are other admissions tests; and

(iii) Admissions tests are administered in facilities that, on the whole, are accessible to persons with a disability; and

(d) Except as provided in paragraph (C) of this rule, may not make preadmission inquiry as to whether an applicant for admission is a person with a disability but, after admission, may make inquiries on a confidential basis as to disabilities that may require accommodation.

(3) Preadmission inquiry exception. When an educational institution is taking remedial action to correct the effects of past discrimination or when an educational institution is taking voluntary affirmative action to remedy conditions that have resulted in limited participation by qualified disabled persons, the educational institution may invite applicants for admission to indicate whether and to what extent they are disabled, provided that:

(a) The educational institution states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary affirmative action efforts; and

(b) The educational institution states clearly that the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with this rule.

(4) Validity studies. For the purpose of paragraph (B)(2)(b) of this rule, an educational institution may base prediction equations on first-year grades, but shall conduct periodic validity studies against the criterion of overall success in the education program or activity in question in order to monitor the general validity of the test scores.

(C) Treatment of students.

(1) No qualified disabled student shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other post-secondary education program or activity to which this rule applies.

(2) Any educational institution to which this rule applies that considers participation by students in education programs or activities not operated wholly by the educational institution as part of, or equivalent to, an education program or activity operated by the educational institution shall assure itself that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified disabled persons.

(3) An educational institution may not, on the basis of disability, exclude any qualified disabled student from any course, course of study, or other part of its education program or activity.

(4) Educational institutions shall operate their programs and activities in the most integrated setting appropriate.

(D) Academic adjustments.

(1) Academic requirements. Educational institutions shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified disabled applicant or student. Academic requirements that the educational institution can demonstrate are essential to the program of instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this rule. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

(2) Other rules. Educational institutions may not impose upon students with a disability other rules, such as the prohibition of tape recorders in classrooms or of animal assistants in campus buildings, that have the effect of limiting the participation of students with a disability in the educational institution's education program or activity.

(3) Course examinations. In its course examinations or other procedures for evaluating students' academic achievement in its program, educational institutions shall provide such methods for evaluating the achievement of students who have a disability that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills except where such skills are the factors that the test purports to measure.

(4) Auxiliary aids.

(a) Educational institutions shall take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the education program or activity operated by the educational institution because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.

(b) Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Educational institutions need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

(E) Housing.

(1) Housing provided by the educational institution. Any educational institution that provides housing to its non-disabled students shall provide comparable, convenient, and accessible housing to students with a disability at the same cost as to others. Such housing shall be available in sufficient quantity and variety so that the scope of students with a disability's choice of living accommodations is, as a whole, comparable to that of non-disabled students.

(2) Other housing. An educational institution that assists any agency, organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis of disability.

(F) Financial and employment assistance to students.

(1) Provision of financial assistance.

(a) In providing financial assistance to qualified disabled persons, an educational institution may not:

(i) On the basis of disability, provide less assistance than is provided to non-disabled persons, limit eligibility for assistance, or otherwise discriminate; or

(ii) Assist any entity or person that provides assistance to any of the educational institution's students in a manner that discriminates against qualified disabled persons on the basis of disability.

(b) An educational institution may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discriminate or have the effect of discriminating on the basis of disability only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of disability.

(2) Assistance in making available outside employment. An educational institution that assists any agency, organization, or person in providing employment opportunities to any of its students shall assure itself that such employment opportunities, as a whole, are made available in a manner that would not violate paragraph (F)(1)(a) of this rule if they were provided by the educational institution.

(3) Employment of students. An educational institution that employs any of its students may not do so in a manner that violates paragraph (F)(1)(a) of this rule.

(G) Nonacademic services.

(1) Physical education and athletics.

(a) In providing physical education courses and athletics and similar programs and activities to any of its students, educational institutions may not discriminate on the basis of disability. An educational institution that offers physical education courses or that operates or sponsors intercollegiate, club, or intramural athletics shall provide to qualified disabled students an equal opportunity for participation in these activities.

(b) An educational institution may offer to students with a disability physical education and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of section 4112.022 of the Revised Code, and only if no qualified disabled student is denied the opportunity to compete for teams or to participate in courses that are not separate or different.

(2) Counseling and placement services. An educational institution that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of disability. The educational institution shall ensure that qualified disabled students are not counseled toward more restrictive career objectives than are non-disabled students with similar interests and abilities. This requirement does not preclude an educational institution from providing factual information about licensing and certification requirements that may present obstacles to persons with a disability in their pursuit of particular careers.

(3) Social organizations. An educational institution that provides significant assistance to fraternities, sororities, or similar organizations, including the use of services and facilities for social functions, shall assure itself that the membership practices of such organizations do not permit discrimination otherwise prohibited by this rule.

Last updated April 11, 2023 at 8:33 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-04 Record keeping.

(A) The making and maintenance of records of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of an applicant for employment or union membership shall not violate division (E) of section 4112.02 of the Revised Code where such records are made in conformance with instructions from, or the requirements of an agency or court of the local, state, or federal government in connection with the administration of a program which serves to promote the elimination of discrimination.

Such records shall be gathered and maintained in such a fashion as to preclude their inadvertent or deliberate use for discriminatory purposes and to avoid possible misinterpretation by applicants of the purpose for which such data will be used.

(B) The making and maintenance of records of the race, color, religion, sex, military status, familial status, ancestry, disability, national origin, of an applicant for housing or loans relating to housing shall not violate division (H)(7) of section 4112.02 of the Revised Code where such records are made in conformance with instructions from, or the requirements of, an agency or court of the local, state, or federal government in connection with the administration of a program which serves to promote the elimination of discrimination.

Such records shall be gathered and maintained in such a fashion as to preclude their inadvertent or deliberate use for discriminatory purposes and to avoid possible misinterpretation by applicants of the purpose for which such data will be used.

Last updated April 11, 2023 at 8:31 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-5-05 Sex discrimination.

(A) Sex as a bona fide occupational qualification. The BFOQ exception as to sex shall be narrowly construed so as to prohibit employment practices which tend to deny employment opportunities unnecessarily to one sex or the other. Requests for a BFOQ must be submitted pursuant to rule 4112-3-15 of the Administrative Code.

(B) Application of the BFOQ exception. The following situations do not warrant application of the BFOQ exception.

(1) Refusal to hire, promote, recall or deny an individual any term, condition or privilege of employment based upon stereotyped characterizations of the sexes. Individuals shall be considered on the basis of individual capacities rather than on the basis of characteristics generally attributed to that group.

(2) Refusal to hire, promote or recall or deny an individual any term, condition or privilege of employment when such refusal or denial is based on assumptions of the general comparative employment characteristics of that sex.

(3) Refusal to hire based upon state employment laws or administrative regulations which restrict or limit employment of one sex and do not take into account the capacities, preferences and abilities of the individual and therefore discriminate on the basis of sex. Such laws and regulations conflict with and are superseded by Chapter 4112. of the Revised Code.

(C) Job opportunities advertising. Help wanted advertising which indicates a preference, limitation or specification based on sex shall constitute unlawful sex discrimination unless sex is a BFOQ for a particular job.

(D) Pre-employment inquiries. Any pre-employment inquiries by an employer, in connection with the prospective employment of an individual that express, directly or indirectly, any limitation, specification or preference as to sex shall be unlawful unless based on a BFOQ.

(E) Fringe benefits. It shall be an unlawful employment practice for an employer to discriminate on the basis of sex with regard to fringe benefits.

(1) Benefits available to employees and their spouses and families which are conditioned on whether the employee is the head of the household or principal wage earner are a prima facie violation of the prohibitions against sex discrimination contained in Chapter 4112. of the Revised Code.

(2) An employer's declaration that the cost of a benefit program is greater with respect to one sex than the other shall not be a valid defense to a charge of unlawful sex discrimination.

(3) It shall be an unlawful employment practice for an employer to maintain a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which differentiates benefits available on the basis of sex.

(F) Marital status. An employment rule or regulation which restricts the employment of married members of one sex and which is not applicable to married members of the other sex shall constitute unlawful sex discrimination, unless such rule or regulation is based on a BFOQ.

(G) Pregnancy and childbirth.

(1) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is a prima facie violation of the prohibitions against sex discrimination contained in Chapter 4112. of the Revised Code.

(2) Where termination of employment of an employee who is temporarily disabled due to pregnancy or a related medical condition is caused by an employment policy under which insufficient or no maternity leave is available, such termination shall constitute unlawful sex discrimination.

(3) Written and unwritten employment policies involving commencement and duration of maternity leave shall be so construed as to provide for individual capacities and the medical status of the woman involved.

(4) Employment policies involving accrual of seniority and all other benefits and privileges of employment, including company-sponsored sickness and accident insurance plans, shall be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary leaves of absence of the same classification under such employment policies.

(5) Women shall not be penalized in their conditions of employment because they require time away from work on account of childbearing. When, under the employer's leave policy the female employee would qualify for leave, then childbearing must be considered by the employer to be a justification for leave of absence for female employees for a reasonable period of time. For example, if the female meets the equally applied minimum length of service requirements for leave time, she must be granted a reasonable leave on account of childbearing. Conditions applicable to her leave (other than its length) and to her return to employment shall be in accordance with the employer's leave policy.

(6) Notwithstanding paragraphs (G)(1) to (G)(5) of this rule, if the employer has no leave policy, childbearing must be considered by the employer to be a justification for leave of absence for a female employee for a reasonable period of time. Following childbirth, and upon signifying her intent to return within a reasonable time, such female employee shall be reinstated to her original position or to a position of like status and pay, without loss of service credits.

(H) Separate lines of progression and seniority systems. It is an unlawful employment practice to maintain separate lines of progression or separate seniority lists based on sex where such practice would adversely affect any employee unless sex is a BFOQ for that job. Accordingly, employment practices are unlawful which arbitrarily classify jobs so that:

(1) Females are prohibited from applying for jobs labeled in a male line of progression and vice versa.

(2) A female scheduled for layoff is prohibited from displacing a less senior male and vice versa.

(3) The seniority system or line of progression classifies similar jobs as light or heavy or in some other manner and thereby operates to create unreasonable obstacles to the advancement of either sex into jobs which members of that sex would reasonably be expected to perform.

(I) Employment agencies.

(1) It shall constitute unlawful sex discrimination for an employment agency to deal exclusively with one sex, except to the extent that such agency limits its services to furnishing employees for particular jobs for which sex is a BFOQ.

(2) An employment agency that receives a job order containing an unlawful sex specification will share responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based on a BFOQ.

(3) An employment agency that receives a job order containing an unlawful sex specification will not share responsibility with the employer placing the order if the agency does not have reason to believe that the employer's claim of a BFOQ is without substance and the agency makes and maintains a written record available to the commission of each such job order. Such record shall include the name of the employer, the description of the job and the basis for the employer's claim that sex is a BFOQ.

(J) Sexual harassment.

(1) Harassment on the basis of sex is a violation of division (A) of section 4112.02 of the Revised Code. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(2) In determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts on a case-by-case basis.

(3) An employer may raise an affirmative defense pursuant to division (B) of section 4112.054 of the Revised Code. Applying general agency principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

(4) With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the work place where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless the employer can show that it took immediate and appropriate corrective action. Factors such as whether the employer had an effective harassment policy; the employer properly educated employees about the policy and complaint procedures; the employer exercised reasonable care to prevent or promptly correct the behavior; and whether the employee failed to take advantage of any preventative or corrective opportunities will be considered.

(5) An employer may also be responsible for the acts of nonemployees (e.g., customers) with respect to sexual harassment of employees in the work place, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such nonemployees.

(6) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Chapter 4112. of the Revised Code and developing methods to sensitize all concerned.

(7) Other related practices. Where employment opportunities or benefits are granted because of an individual's submission to the employer's requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.

Last updated April 11, 2023 at 8:31 AM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-15

(A) Application. Any person seeking a bona fide occupational qualification (BFOQ) pursuant to division (E) of section 4112.02 of the Revised Code must submit a written application to the commission. The application must contain the following:

(1) A list of the specific job classifications which are the subject of the application;

(2) A full statement of the facts giving rise to the application;

(3) A legal memorandum in support of the application containing appropriate citations; and

(4) Supporting evidence, including affidavits and other documentation, which the applicant believes justifies the approval of the application.

(B) Consideration of application. After an application has been submitted in compliance with this rule, the commission may consider the application at a regularly scheduled meeting and either:

(1) Grant or deny the application; or

(2) Refer the application to the commission staff for further investigation; or

(3) Refer the matter to an administrative law judge to conduct a public hearing on the application.

(C) Disposition. Any application that is referred to the commission staff for further investigation or to an administrative law judge for a public hearing shall be considered by the commission at a regularly scheduled meeting as soon as practical after receipt of an investigative report or the administrative law judge's report. The commission may grant or deny the application for a BFOQ after the hearing or further investigation.

(D) Denial of a BFOQ. In the event the commission denies the applicant's application for a BFOQ, a denial shall not preclude the applicant from asserting a BFOQ as a defense to a charge of discrimination at any subsequent public hearing concerning the issues regarding which the application for a BFOQ was sought.

(E) Denial of a BFOQ is not appealable. The commission's denial of a request for a BFOQ, pursuant to this rule, shall not be deemed to be a final appealable order of the commission.

(F) Expiration of a BFOQ. Any BFOQ granted pursuant to this rule shall expire after two years, unless the person previously granted a BFOQ has applied for and been granted an extension by the commission.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Chapter 4112-6 Housing Discrimination

Ohio Adm.Code 4112-6-01 Housing discrimination charges: notice of filing, answer, commencement of investigation, time limitations, publication of agreements.

(A) Notice of filing of charge. Upon the filing of written charge alleging an unlawful discriminatory housing practice:

(1) The commission shall serve notice upon the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under Chapter 4112. of the Revised Code.

(2) The commission shall promptly serve on the respondent a notice advising such respondent of the procedural rights and obligations of respondents under Chapter 4112. of the Revised Code together with a copy of the original charge.

(3) Each respondent may file an answer to a charge.

(B) Commencement of investigation. The investigation of any charge alleging an unlawful discriminatory housing practice shall commence not later than the thirtieth day after receipt of the charge.

(C) Publication of conciliation agreements and consent orders. Each conciliation agreement and consent order, which effects the elimination of any charge alleging an unlawful discriminatory housing practice under Chapter 4112. of the Revised Code, may be made public.

Last updated September 3, 2024 at 9:16 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-6-02 Punitive damages.

Division (G) of section 4112.05 of the Revised Code authorizes civil penalties up to fifty thousand dollars when there is finding of unlawful discrimination in housing. The purpose of an award of civil penalties is to deter unlawful conduct in the future.

It is the policy of the commission that civil penalties are appropriate whenever a respondent engages in intentional discrimination. The amount of punitive damages to be awarded depends on the circumstances of each case. The commission will look at the nature of the respondent's conduct, the respondent's prior history of discrimination, respondent's size and profitability, respondent's cooperation or lack of cooperation during the investigation of the charge and the effect respondent's actions had on the complainant.

The fact that an unlawful discriminatory act was committed by an agent, as opposed to a principal, shall not affect the amount of civil penalties.

Last updated January 23, 2024 at 1:13 PM

History

• Effective: September 14, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-6-03 Housing accommodations for older persons.

As used in this rule, "housing accommodations for older persons" means:

(A) Housing provided under any state or federal program specifically designed and operated to assist elderly persons; or

(B) Housing intended for, and solely occupied by, persons sixty-two years of age or older; or

(C) Housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. The housing qualifies as housing for older persons under this paragraph, if it includes at least the following factors:

(1) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

(2) At least eighty percent of the units are occupied by at least one person fifty-five years of age or older; and

(3) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.

Last updated January 30, 2024 at 12:40 PM

History

• Effective: April 11, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4112-6-04 Election of civil action.

(A) If a complaint is issued under section 4112.05 of the Revised Code alleging a violation of division (H) of section 4112.02 of the Revised Code, the complainant, respondent or an aggrieved party may elect to have the claims in the complaint be decided in a civil action.

(B) Notice of the election must be made in a writing that is sent by certified mail, return receipt requested, to the commission, to the civil rights section of the office of the attorney general, and to the other parties to the pending administrative process within thirty days after receipt of the complaint by the electing party.

(C) The electing party must, upon receiving the mailing receipts which are returned to the electing party as the result of the certified mailings sent pursuant to paragraph (B) of this rule, send those receipts to the civil rights section of the attorney general's office.

(D) Upon receipt of a timely mailed election, the commission shall authorize the office of the attorney general to commence and maintain the civil action in the court of common pleas of the county in which the alleged unlawful discriminatory practices occurred.

(E) The office of the attorney general shall commence the civil action within thirty days after the receipt of the commission's authorization to commence the civil action.

Last updated September 14, 2023 at 3:56 PM

History

• Effective: September 14, 2023
• Promulgated Under: 119.03

Chapter 4112-8 Accessing Confidential Personal Information

Ohio Adm.Code 4112-8-01 Definitions for accessing confidential personal information.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing or otherwise perceiving whereas "access" as a verb means to copy, view or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the commission addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the commission in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the commission mandatorily confidential.

(E) "Employee of the Commission" means each employee of the commission regardless of whether he/she holds an elected or appointed office or position within the commission.

(F) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(G) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian or legal guardian.

(H) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(I) "Person" means a natural person.

(J) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(L) "Research" means a methodical investigation into a subject.

(M) "Routine" means commonplace, regular, habitual or ordinary.

(N) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees, potential employees or former employees, and maintained by the commission for internal administrative and human resource purposes.

(O) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(P) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated October 2, 2023 at 11:35 AM

History

• Effective: September 1, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4112-8-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems that contain confidential personal information, the commission shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the commission are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the commission to fulfill his or her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The commission shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the commission, the commission shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the commission has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee of the commission for an invalid reason, the commission shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the commission shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the commission may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individual's confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the commission determines that notification would not delay or impede an investigation, the commission shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the commission shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The executive director shall designate an employee of the commission to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the commission with both the implementation of privacy protections for the confidential personal information that the commission maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The executive director shall designate an employee of the commission to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated October 2, 2023 at 11:35 AM

History

• Effective: September 1, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4112-8-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the commission's exercise of its powers or duties, for which only employees of the commission may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

Performing the following functions constitute valid reasons for authorized employees of the commission to access confidential personal information:

(A) Responding to a public records request;

(B) Responding to a request from an individual for the list of CPI the commission maintains on that individual;

(C) Administering a constitutional provision or duty;

(D) Administering a statutory provision or duty;

(E) Administering an administrative rule provision or duty;

(F) Complying with any state or federal program requirements;

(G) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(H) Auditing purposes;

(I) Licensure, permit, eligibility, filing, certifications or other similar processes;

(J) Investigation or law enforcement purposes;

(K) Administrative hearings;

(L) Litigation, complying with an order of the court or subpoena;

(M) Human resource matters, included but not limited to hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals and related issues;

(N) Complying with an executive order or policy;

(O) Complying with an commission policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency;

(P) Complying with a collective bargaining agreement provision or;

(Q) Supervising the work of another employee.

Last updated October 2, 2023 at 11:35 AM

History

• Effective: September 1, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4112-8-04 Confidentiality statutes.

The following federal and state regulations, statutes and administrative rules make personal information maintained by the commission confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a, "State ex rel Beacon Journal v. Akron (1994), 70 Ohio St. 3d 605," unless the individual was told the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(C) Prior to the notification of the parties of a determination of a no probable cause finding pursuant to division (B)(3)(a)(i) of section 4112.05 of the Revised Code or the initiation of the conciliation process pursuant to division (B)(3)(c) of section 4112.05 of the Revised Code, information obtained as a result of an investigation of a civil rights charge: division (B)(3) of section 4112.05 of the Revised Code.

(D) Except as provided in paragraph (J) of rule 4112-3-03 of the Administrative Code, information obtained during informal methods of conference, conciliation and persuasion: division (B)(5) of section 4112.05 of the Revised Code.

(E) To the extent the commission maintains personal information in a system defined by this chapter:

(1) Sections 262 and 264 of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C 1320d-2 and 42 U.S.C 1320d-4; Pub. L. No. 104-191 as implemented in 45 C.F.R. Parts 160 and 164.

(2) The Family Medical Leave Act of 1993, Pub. L. No. 103-3 ; 29 U.S.C. Sec. 2601 as implemented in 29 C.F.R. 825.500.

(3) Title I of The Americans with Disabilities Act of 1990, 42 U.S.C. 12112(d).

(4) Genetic Information Nondiscrimination Act (GINA) of 2008, Pub. L. No. 110 - 233, 122 Stat. 881.

Last updated October 2, 2023 at 11:36 AM

History

• Effective: September 1, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4112-3-03

(A) Preliminary investigation. After the receipt of a charge, the director or the director's designee may assign a member or members of the commission staff to conduct a preliminary investigation. The investigation shall be designed to obtain necessary information upon which the commission can determine whether it is probable that any unlawful discriminatory practices have been or are being engaged in by the respondent. The commission's investigation of any alleged unlawful discriminatory practices need not be limited to the particular facts or issues raised in any charge affidavit.

(B) Probable cause determination. Where the facts indicate that it is probable that any unlawful discriminatory practices have been or are being engaged in, the director or the director's designee may refer the matter to the commission and recommend that the commission approve a finding of probable cause and authorize proceeding with conciliation. The commission may delegate authority to the director or the director's designee to make a finding of probable cause and issue a letter of determination and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of a finding of probable cause, the complainant may withdraw the charge and request a notice of right to sue.

(C) Elimination of unlawful discriminatory practices. When the commission finds that probable cause does exist and the commission does not receive and grant a request to withdraw the charge and issue a notice of right to sue upon notification of a probable cause finding, the commission shall instruct the director or the director's designee to endeavor to eliminate all unlawful discriminatory practices by conference, conciliation, and persuasion. Any party may request the matter be considered for alternative dispute resolution. However, the commission has sole discretion to determine the method and terms utilized to effect the elimination of any unlawful discriminatory practice.

(D) Conciliation agreement and consent order. If, as a result of conference, conciliation, and persuasion the commission is able to provide for voluntary compliance with sections 4112.01 to 4112.08 of the Revised Code, and to effect the elimination of any unlawful discriminatory practices, whether against the complainant or others, it may prepare a conciliation agreement and consent order which will set forth all measures to be taken by the parties thereto, including provisions for affirmative and other relief, goals and timetables, and compliance reports. The conciliation agreement and consent order shall be signed by the persons to be bound by the agreement and a representative of the commission. An executed conciliation agreement and consent order is a final order of the commission for the purposes of section 4112.06 of the Revised Code.

(E) Informal attempts to eliminate unlawful discriminatory practices. Failure by a respondent to agree to the terms proposed by the commission to effect the elimination of an unlawful discriminatory practice or to submit a counter proposal acceptable to the commission shall constitute prima facie evidence of a failure, within the meaning of division (A) of section 4112.05 or division (F) of section 4112.051 of the Revised Code, of informal methods of conference, conciliation, and persuasion.

(F) No probable cause determination and dismissal. Where the facts, as determined during the preliminary investigation, indicate that it is not probable that any unlawful discriminatory practices have been or are being engaged in, the director or the director's designee shall refer the charge to the commission with a recommendation of dismissal. The commission may thereupon dismiss the charge and serve on the complainant and other parties notification of its action. The commission may delegate authority to the director or the director's designee to make a finding of no probable cause and issue a letter of determination and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of a finding of no probable cause, the commission will issue the complainant a notice of a right to sue.

(G) Other administrative findings as necessary. If during the preliminary investigation the commission finds a reason exists to bring about an administrative finding other than a probable cause or no probable cause finding, the commission may delegate authority to the director or the director's designee to make a finding necessary and serve a copy upon the parties. For charges alleging unlawful discriminatory practice related to employment, upon notification of an administrative finding, the commission may issue the complainant a notice of right to sue.

(H) Investigation without charge. When preliminary investigations are initiated by the commission on its own motion, no specific charge need be filed with the commission. The commission shall promptly notify the respondent in writing of an investigation.

(I) Compliance reports. The commission may require any party to submit to it such compliance reports as the commission deems necessary showing compliance with the terms of any conciliation agreement and consent order.

(J) Investigation after conciliation. The commission may make compliance investigations regarding conciliation agreements and consent orders and cease and desist orders and take appropriate action according to its findings, pursuant to paragraphs (B)(2) and (B)(3) of rule 4112-3-10 of the Administrative Code.

(K) Non-disclosure. Nothing said or done during endeavors at conference, conciliation, and persuasion or during alternative dispute resolution shall be disclosed by any member of the commission or its staff or be used as evidence in any subsequent hearing or other proceeding unless the respondent asserts that the commission's duty to attempt conciliation pursuant to section 4112.05 of the Revised Code has not been met. The commission may, however, publish the terms of an executed conciliation agreement and consent order.

Last updated September 3, 2024 at 9:13 AM

History

• Effective: September 2, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4112-8-05 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the commission shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the commission acquires a new computer system that stores, manages or contains confidential personal information, the commission shall include a mechanism for recording specific access by employees of the commission to confidential personal information in the system.

(C) Upgrading existing computer systems. When the commission modifies an existing computer system that stores, manages or contains confidential personal information, the commission shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the commission to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The commission shall require employees of the commission who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the commission is accessing confidential personal information for official commission purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the commission is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the commission comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the commission accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual, or his or her authorized representative, makes a request that the commission take some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the commission may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The commission shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the commission from requiring logging in any circumstance that it deems necessary.

Last updated October 2, 2023 at 11:36 AM

History

• Effective: September 1, 2013
• Promulgated Under: 119.03