Discrimination Complaint Management
The Unit manages the state’s internal discrimination complaint process and system to ensure non-discrimination against a state employee or candidate for state employment on the basis of the following:
- Sexual harassment;
- National origin (ancestry);
- Military status (past, present, or future);
- Age (40 years of age or older);
- Genetic information; or
- Sexual orientation.
No state agency may make any employment-related decisions on the basis of the above-listed categories, including, but not limited to, hiring, layoff, termination, transfer, promotion, demotion, rate of compensation, or eligibility for in-service training programs. Moreover, no state agency may retaliate against a complainant or a participant in a complaint.
Statewide Internal Discrimination Complaint Process
How to file a discrimination complaint
A person may file a written complaint of discrimination with either the agency EEO officer or the Equal Opportunity Division at any time within 30 days of the last incident.
Once the discrimination complaint form is completed (either by the complainant or the agency EEO officer), submitted to and received by Division, it is evaluated to determine jurisdiction.
Jurisdiction to file a discrimination complaint
In order for a complaint to be considered jurisdictional by the Division, the complainant must
- Be an agency employee or candidate for state employment;
- Allege that the improper conduct occurred in the making of a state government employment-related decision including, but not limited to, hiring, layoff, termination, transfer promotion, demotion, rate of compensation, or eligibility for in-service training programs;
- File the complaint with either the agency or with the Equal Opportunity Division in person, electronically, by U.S. mail, or through an authorized representative; and
- File within 30 calendar days of the date of the alleged improper conduct.
Typically, if the complaint is jurisdictional, it will be accepted for investigation and assigned to the respective agency EEO investigator. Otherwise, it is rejected.
When filing a complaint, the complainant has the following rights
- At any stage in the filing or investigation of a complaint, the complainant may be accompanied, represented, and advised by a representative of his or her own choosing.
- An agency or complainant may request a complaint be investigated by an external investigator when a conflict of interest is perceived to exist within the agency.
- Throughout the discrimination complaint process, complainants will receive notice of notice of his or her right to file a charge affidavit with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission, including the time limits for filing such charges.
The agency has 60 days to complete the investigation. If a jurisdictional complaint is still pending with the agency 60 days from the date the complaint was filed, the State Equal Employment Opportunity Coordinator may require the agency to take special measures to ensure prompt processing of the complaint
Any agency investigation shall include a thorough review of the circumstances under which the alleged improper conduct occurred and may include a review of the treatment of members of the complainant’s group identified by the complaint as compared with the treatment of other similarly situated employees in the agency. Information needed to apprise the complainant shall be recorded in the agency’s investigative file. At the end of their investigation, the agency must supply the complainant with the investigation report and determination, including the appeal rights of the complainant.
Discrimination Complaint Appeal Process
If the complainant disagrees with the agency’s determination they have a right to appeal to the State Equal Employment Opportunity Coordinator. This request must be done in writing within 15 days of receipt of the agency’s determination. This request can be emailed or faxed to the assigned EEO Program Contract Officer or directly to the EEO Program Manager
Upon receipt of the hearing request, the Division will review the hearing request reason and the information contained in the investigative file. In order to make the decision, the Division may also contact the agency for additional information. After review of all documents, the State Equal Employment Opportunity Coordinator will determine to either:
- Accept the determination of the agency and deny the appeal;
- Remand the investigative file to the agency for further investigation; or
- Order that a hearing on the complaint be held.
If the hearing request is denied, the complaint will be notified in writing and the case will be closed. This marks the end of the appeal process.
Steps to file an internal complaint of discrimination
- Go to http://apps.das.ohio.gov/daseodcomplaintapp/ComplaintForm.aspx
- Complete and submit the discrimination complaint form and add attachments, if needed
Information about filing an external discrimination complaint
At any time in the discrimination complaint process, the complainant has the right to file with the Ohio Civil Rights Commission within six months of the incident, and with the U.S. Equal Employment Opportunity Commission within 300 days of the incident at the following:
Ohio Civil Rights Commission
30 E. Broad St., 4th Floor
Columbus, Ohio 43215
U.S. Equal Employment Opportunity Commission
1240 E. 9th St., Suite 3001
Cleveland, Ohio 44199
Statutory and Regulatory Authority
The enabling statute for the statewide internal complaint process are R.C. 124.04(O). The regulations that govern the internal complaint process are found at Ohio Adm. Code Chapter 123:1-49.