Ohio Admin. Code 4112-3-15 - Application for bona fide occupational qualification
(A) Application.
Any respondent seeking a bona fide occupational qualification (BFOQ) pursuant
to division (E) of section
4112.02 of the Revised Code must
submit a written application to the commission. The application must contain
the following:
(1) A list of the specific job
classifications which are the subject of the application;
(2) A full statement of the facts giving rise
to the application;
(3) A legal
memorandum in support of the application containing appropriate citations;
and
(4) Supporting evidence,
including affidavits and other documentation, which the applicant believes
justifies the approval of the application.
(B) Consideration of application. After an
application has been submitted in compliance with this rule, the commission may
consider the application at a regularly scheduled meeting and either:
(1) Grant or deny the application;
or
(2) Refer the application to the
commission staff for further investigation; or
(3) Refer the matter to an administrative law
judge to conduct a public hearing on the application.
The hearing shall be conducted consistent with rule
4112-3-07 of the Administrative
Code.
(C)
Disposition. Any application that is referred to the commission staff for
further investigation or to an administrative law judge for a public hearing
shall be considered by the commission at a regularly scheduled meeting as soon
as practical after receipt of an investigative report or the administrative law
judge's report. The commission may grant or deny the application for a BFOQ
after the hearing or further investigation.
(D) Denial of a BFOQ. In the event the
commission denies the respondent's application for a BFOQ, a denial shall not
preclude the respondent from asserting a BFOQ as a defense to a charge of
discrimination at any subsequent public hearing concerning the issues regarding
which the application for a BFOQ was sought.
(E) Denial of a BFOQ is not appealable. The
commission's denial of a request for a BFOQ, pursuant to this rule, shall not
be deemed to be a final appealable order of the commission.
(F) Expiration of a BFOQ. Any BFOQ granted
pursuant to this rule shall expire after two years, unless the respondent has
applied for and been granted an extension by the commission.
Notes
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04, 4112.05, 4112.051
Prior Effective Dates: 07/12/1989, 10/17/2002, 10/21/2013, 10/12/2019
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