(A) In
order for a complaint to be considered jurisdictional by the
affirmative action and equal employment opportunity
unit
state human resources division, the
complainant must:
(1) Be an agency employee or
candidate for state employment;
(2)
Allege that the improper conduct occurred in the making of a state government
employment-related decisions including, but not limited to, hiring, layoff,
termination, transfer promotion, demotion, rate of compensation, or eligibility
for in-service training programs, or other terms and
conditions of employment;
(3)
File with either the agency or with the affirmative
action and equal employment opportunity unit of the department of
administrative services
state human resources
division in person, electronically, by U.S. mail, or through an
authorized representative; and
(4)
File within thirty calendar days of the date of the alleged improper
conduct.
(B) A complaint
shall
will be
deemed filed on the date it is electronically filed or on the date it is
time-stamped if addressed to an appropriate official designated to receive
complaints. The agency or the affirmative action and
equal employment opportunity unit
state human
resources division, whichever initially receives the complaint,
shall
will
determine whether the complaint meets the jurisdictional requirements set forth
in paragraph (A) of this rule.
(C)
When a complaint is filed with the agency, the agency
shall transmit a copy of the complaint
electronically to the affirmative action and equal employment opportunity unit
within fifteen calendar days of the receipt thereof
will notify the state human resources division in its
monthly reporting. If the agency determines that the complaint meets the
jurisdictional requirements, the agency
shall
will proceed to
process the complaint. If the agency determines that the complaint is not
jurisdictional, it
shall
will notify the
affirmative action and equal employment opportunity
unit
the state human resources division. The
agency may, at its discretion, proceed to process a non-jurisdictional
complaint. However, rule
123:1-49-07 of the
Administrative Code will not apply to a non-jurisdictional complaint.
(D) The affirmative action and equal
employment opportunity unit shall review all complaints whether filed with the
agency or directly with the unit. If the unit disagrees with the jurisdictional
determination of the agency, it may reinstate the complaint and require the
agency to process the complaint as jurisdictional pursuant to these rules; or
the unit may reject the complaint as non-jurisdictional and close the matter
for purposes of these rules. The agency may, at its discretion, proceed to
process a non-jurisdictional complaint. However, rules 123:1-49-07 and
123:1-49-08 will not apply to a non-jurisdictional complaint. The determination
of jurisdiction by the affirmative action and equal employment opportunity unit
is final.
(E)(D) Any complaint filed
beyond the thirty calendar day period set forth in paragraph (A) of this rule
will not be considered jurisdictional for purposes of these rules, unless the state human resources division. The affirmative action and equal employment opportunity
unit may extends the time limits for
filing a jurisdictional complaint under this rule
when
because the complainant
demonstrates they were prevented by circumstances beyond their control from
submitting the matter within the time limits,
or for other reasons considered sufficient by the agency or the
affirmative action and equal employment opportunity
unit
state human resources
division.
(F)(E) A complaint
shall
will
include the name, street address, email address, and telephone number of the
complainant; the name of the person or persons who
allegedly committed
committing the
alleged improper conduct; a description of the conduct; a statement as to any
other action or proceeding instituted in any other forum based upon the facts
alleged in the complaint, including the status or disposition of such other
action; and any other pertinent information which will assist in the
investigation and resolution of the complaint.
(G)(F) All jurisdictional
complaints shall
will be acknowledged in writing and
shall
will
include notice of the complainant's right to file
a charge affidavit with the Ohio civil rights commission or the federal equal
employment opportunity commission, including the time limits for filing such
charges.
(H)(G) An agency or a
complainant may make a request for a jurisdictional complaint to be
investigated by a third party from outside of the agency if a conflict of
interest is perceived to exist within the agency. All requests for third party
investigators shall
will be submitted to the affirmative action and equal employment opportunity unit
state human resources division and the
unit shall
division
will approve or disapprove of such request as deemed appropriate. If such
a request is approved, the unit
division will select a third party investigator,
who shall
will conduct an investigation and upon completion,
submit the investigation and their recommendation and to the agency for its determination. The agency
shall
will
provide the affirmative action and equal employment
opportunity unit
division with a copy of
the investigation and the agency's determination.
(I)(H) At any stage in the
filing or investigation of a complaint, the complainant may be accompanied,
represented, and advised by a representative of his or her own choosing. If the
complainant is an employee of the agency, a reasonable amount of time off from
work to file his or her
the complaint must
will be given by
the agency. If the complainant is an employee of the agency and has designated
another employee of the agency as his or her representative, the representative
as well as the complainant shall
will be given a reasonable amount of time off
from work to file the complaint.
(J)(I) If a jurisdictional
complaint is still pending with the agency within sixty days from the date the
complaint was filed, the affirmative action and
equal employment opportunity unit
state human
resources division may require
request the agency to take special measures to
ensure prompt processing of the complaint. The affirmative action and equal employment opportunity
unit
division or the agency may dismiss
a complaint because of a failure of the
complainant to prosecute the complaint. The decision to dismiss the complaint
shall
will be
transmitted by letter
in writing to the complainant and the
complainant's representative, if any. The decision letter
shall
will
inform the complainant of his or her
the right to file a charge with the Ohio civil
rights commission and with the federal equal employment opportunity commission
and of the time limits for filing such charges.
(K)(J) The agency
shall
will
document the actions of the agency in resolving a jurisdictional complaint and
report the actions and findings of the agency to
the complainant and the state human resources
divisionaffirmative action and equal
employment opportunity unit.
(L)(K) Any investigation
shall
will
include a thorough review of the circumstances under which the alleged improper
conduct occurred and may include a review of the treatment of members of the
complainant's group identified by the complaint as compared with the treatment
of other similarly situated employees in the agency in which the alleged
improper conduct occurred. Information needed to
apprise the complainant shall
Information
needed to prepare a report of the agency's actions and findings to the
complainant and the state human resources division will be recorded in
the agency's investigative file.
(M)(L) The term
"investigative file" shall means the various documents and information acquired
during the investigation including, but not limited to, affidavits of the
complainant, of the alleged discriminating employee, and of the witnesses, and copies of, or extracts from, records, policy
statements, or regulations of the agency organized to show their relevance to
the complaint or the general environment out of which the complaint
arose.
(N)(M) Complainants, their
representatives, and witnesses shall
will be free from restraint, interference,
coercion, discrimination, or reprisal, or retaliation at any stage in the presentation and
processing of a complaint.
(O)(N) A complainant, his
or her representative, or a witness who alleges restraint, interference,
coercion, discrimination, reprisal, or
retaliation in connection with the presentation of a complaint under this
chapter of the Administrative Code may have the allegation reviewed as an
individual complaint of discrimination.
