EEO Discrimination Complaint Process
The State of Ohio is an equal opportunity employer committed to compliance with federal, state, laws and Gubernatorial Executive Orders prohibiting discrimination, discriminatory harassment and retaliation. Where discrimination is suspected, employees are encouraged to use the state of Ohio's discrimination complaint process. Employment decisions in state government will be made on the basis of merit, fitness and equality of opportunity and without unlawful discrimination on the basis of:
Age
National origin/Ancestry
Color
Race
Disability
Religion
Sex
Sexual harassment
Veteran status
Sexual Orientation
Gender Identity
Military status
In addition to providing protections on the basis of the above categories, some federal, state, and local laws protect persons who are discriminated against because they are perceived to be in a protected class.
WHERE TO FILE AN INTERNAL OR EXTERNAL COMPLAINT OR SEEK ASSISTANCE WITH AN EEO MATTER:
You may file a internal complaint of discrimination/discriminatory harassment or retaliation with your respective agency EEO officer within 30 days for the date of the alleged discrimination
Or you may file a complaint of discrimination/discriminatory harassment of retaliation with the Ohio Department of Administrative Service, Equal Opportunity Division's AA/EEO Unit, Attention: Felicia Godbolt, EEO Program Manager. Ohio Civil Rights Commission or the Federal Equal Employment Opportunity Commission.
TERMS AND CONDITIONS OF EMPLOYMENT
Anti-discrimination protections apply to all of the terms and conditions of employment, including, but not limited to:
- Promotions
- Testing
- Training opportunities
- Hiring
- Transfers
- Work assignments
- Discipline
- Salary and benefits
- Discharge
- Performance evaluations
- Working conditions
MEETING WITH THE EEO PROFESSIONAL
Any person who wishes to talk about a question or problem related to the agency's equal employment opportunity policy, or to file a complaint of discrimination, may contact their respective agency EEO officer or with the Ohio Department of Administrative Services AA/EEO unit.
A state of Ohio employee or applicant is not restricted to consulting only the EEO officer within their agency. They may also contact the Ohio Department of Administrative Service AA/EEO unit.
A state of Ohio employee or applicant has a right to meet privately with the EEO Officer during office hours, however, the employee should obtain supervisory approval for leaving his/her work assignment. An employee need not disclose the details of the purpose for meeting with an EEO professional to a supervisor. Reasonable leave requests to meet with an EEO professional during work hours cannot be denied by supervisors. Managers and supervisors shall allow employees to meet with EEO professionals at the earliest practicable time consistent with the operational needs of their units.
The EEO professional can arrange to meet with an employee during office hours or during the employee's lunch period. An employee or applicant may bring a representative of his or her choice to the meeting, provided advance notice is given to the EEO officer.
In addition, a person needing a sign language interpreter for a meeting concerning an EEO matter may request that the EEO officer provide one.
COUNSELING
Agency EEO officers will discuss allegations and various options with the person seeking assistance which may include further actions the employee could take on his or her own behalf. i.e referrals to other agencies which may be of assistance, or other informal assistance from the EEO officer.
THE EEO OFFICE SERVICES
The EEO professional will interview the person seeking assistance to determine whether the person should receive assistance in the form of counseling, or the person wants to request mediation. The person may want to file an internal complaint of discrimination, discriminatory harassment or retaliation or to file a formal complaint with an external agency.
The EEO professional also is responsible for arranging sign language interpreters and other alternate forms of effective communication with persons with disabilities to facilitate access to EEO services.
MEDIATION
Mediation is a voluntary process and may be declined by either party involved. The person seeking assistance may file a written request for mediation. A copy of the Request for Mediation form is attached. When a request for mediation has been made, the EEO officer shall attempt to help the parties involved resolve the matter in dispute. In this process, the EEO officer shall consult with the person who filed the request, the person named in the request, and other persons as appropriate.
INVESTIGATION OF COMPLAINTS:
A person may file a written complaint of discrimination with the agency EEO officer at any time within 30 days of the date that the events which are the subject of the complaint occurred. In such event, or when a person who has a disability which precludes his/her completion of the complaint form seeks to file a complaint, the EEO officer shall complete a Discrimination Complaint Form. The form shall also be completed by the officer when s/he initiates an investigation on his/her own initiative. Any person who is interviewed during the course of an investigation shall have the right to be accompanied by a representative of his or her choice. The EEO officer will make a written report of the investigation to the agency head. If the EEO officer concludes on the basis of the investigation that a violation of anti-discrimination laws or the agency's EEO policy has occurred, s/he shall recommend appropriate corrective action. The agency head or designee will review the EEO officer's report and take any corrective action that she or he deems appropriate.
APPEAL PROCESS - DAS/EOD EEO HEARING
If the complainant disagrees with the finding, he/she should request a hearing with the Ohio Department of Administrative Services, Equal Opportunity Division (DAS/EOD) within 15 days of the receipt of the report. DAS/EOD will review the request to determine whether or not a hearing could resolve the issues brought forth in the discrimination complaint. If accepted for a hearing DAS/EOD will begin procedures to schedule a hearing.
APPEAL PROCESS - DAS/EOD EEO FINAL ORDER
If the complainant or the respondent disagrees with the decision of the hearing officer, s/he may request a Final Order. The final order is the final step in the appeal process the decision from the state EEO Coordinator is legal and binding. |
