Ohio Admin. Code 124-9-11 - Disparate treatment

(A) The board may hear evidence of disparate treatment between the appellant and other similarly situated employees of the same appointing authority for the purpose of determining whether work rules or administrative policies are being selectively applied by the appointing authority or to determine whether the discipline of similarly situated employees is uniform. Requests for discovery under this rule shall be limited to information relating to specific incidents or persons known to the employee or his representative.

(B) Evidence of disparate treatment will be considered in evaluating the appropriateness of the discipline which was imposed.

(C) Evidence of disparity in the classification of co-workers is not admissible in reclassification appeals.

Notes

Ohio Admin. Code 124-9-11

Five Year Review (FYR) Dates: 11/29/2023 and 11/29/2028
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 02/14/1986, 05/18/2000

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 2/14/86