Ohio Admin. Code 4112-3-01 - Charge
(A) Who may file. Any person may file with
the commission at any of its offices a written
charge.
(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), (G), (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 permitted
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. If substantial investigative work has
been completed when
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.
Notes
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04, 4112.05, 4112.051, 4112.052
Prior Effective Dates: 11/04/1971, 11/15/1977, 07/12/1989, 07/01/1994, 08/10/1997, 10/17/2002, 10/21/2013, 10/12/2019, 04/11/2023
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