Ohio Admin. Code 4112-3-18 - Notice of right to sue for charges related to employment.

(A) If the commission ceases its preliminary investigation upon a request in writing from complainant to cease its preliminary investigation and issue a notice of right to sue or the commission determines that it is not probable that an unlawful discriminatory practice relating to employment has occurred or is occurring after a preliminary investigation, the commission shall issue a notice of a right to sue to complainant along with the notice to the complainant of the commission's determination and that it will not issue a complaint in the matter. For all other determinations by the commission relating to charges of unlawful discriminatory practices related to employment, prior to the issuance of a formal complaint, the commission may issue a notice of right to sue to complainant after the commission issues a final order. The notice of right to sue shall state that the complainant may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.

(B) The commission may issue a notice of right to sue no sooner than sixty days after a charge related to employment is filed.

(C) Upon the commission issuing a formal complaint or a final order after the time period for filing reconsideration has passed without a party applying for reconsideration, the reconsideration is denied by the commission, or the reconsideration resulted the issuance of a final order or a formal complaint, a charge related to employment is considered no longer pending for purposes of tolling under division (C) of section 4112.052 of the Revised Code or division (E) of section 4112.14 of the Revised Code.

Notes

Ohio Admin. Code 4112-3-18

Effective: 4/11/2023
Five Year Review (FYR) Dates: 03/31/2028
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04, 4112.05, 4112.051, 4112.052