Discrimination under Title VII and Chapter 4112 of the Ohio

Revised Code

Desmon MartinOhio Civil Rights Commission

Michelle CrewU. S. Equal Employment Opportunity Commission

We are the Ohio Civil Rights Commission, primary educator and enforcer of Ohio’s Laws Against Discrimination.

 

MissionMission OCRC

EEOCTo ensure equal employment opportunity by enforcing federal laws prohibiting discrimination based on sex, race, religion, color, national origin, age or disability.

What is illegal discrimination?A person treated differently because of :

1) Race/Color

2) Sex

3) Religion

4) National Origin/Ancestry

5) Age

6) Disability

7) Retaliation

Race and Color

1) CAUCASIAN (WHITE)2) AFRICAN AMERICAN (BLACK)3) HISPANIC4) EAST ASIAN AND PACIFIC ISLANDER5) NATIVE AMERICAN

These categories are not exclusive.

Race: Major ethnic divisions of mankind.

EEOC has designated five racial categories

Color – shade of an individual’s skin, intensity of skin hue.

SexSex, for purposes of enforcing federal law and state statute 4112, is defined as a person’s gender.

Sex discrimination also includes the condition of pregnancy and sexual harassment.

Religion

Religion – A “sincerely” held belief which occupies the position of a traditional conviction in its possessor. It includes all aspects of religious observance and practice, as well as belief.

National Origin/Ancestry

The state statue does not explicitly define national origin, however, EEOC defines “national origin discrimination” as the denial of equal employment opportunity because of:

1. An individual’s or his ancestor’s place of origin; or

2. The fact that an individual has the physical, cultural, or linguistic characteristics of a national origin group.

Age

Age – At least 40 years old. Persons aged 40 or over are protected against age discrimination in employment. Thus, an employee who has not yet reached his or her fortieth birthday cannot establish a case of age discrimination.

Disability

Disability - A physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.

PHYSICAL OR MENTAL IMPAIRMENT

Includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems (neurological, muscular-skeletal, special sense organs, cardiovascular, etc.) Includes diseases and conditions such as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, diabetes, drug addiction, alcohol, etc.

Retaliation

Retaliation becomes a basis for a charge of discrimination because it is unlawful for any person to discriminate in any manner against any other person because that person has opposed an unlawful discriminatory act, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding, or hearing under Section 4112.01 to 4112.07 and under the laws enforced by the EEOC.

Employment Discrimination Issues

Wages / Benefits / Terms and Conditions

Recruitment / Hiring / Discharge

Employment Discrimination Issues

Training / Assignments / Promotions

Discipline / Harassment / Testing

Layoff / Recall / Reasonable Accommodation

EMPLOYEREMPLOYER - Includes the state, any political subdivision of the state, any person employing four or more persons within the state, and any person acting directly or indirectly in the interest of an employer.

EMPLOYEEEMPLOYEE - An individual employed by any employer; does not include any individual employed in the domestic service of any person.

LABOR ORGANIZATIONLABOR ORGANIZATION - Includes any organization that exists, in whole or in part, for the purpose of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in relation to employment.

EMPLOYMENT AGENCYEMPLOYMENT AGENCY - Includes any person or agency regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer, or place employees.

Charge Procedure

The Charge

• File within 180 days (OCRC)

• File within 300 days (EEOC)

• In writing

• Statement of facts

Filing a charge of discrimination:

Begins with Charging Party contact:

Interview Witness data Comparator information Documents Class members Affidavit

Mediation

Informal process in which a neutral third party, the “mediator”, helps disputing parties explore options and reach a mutually acceptable resolution.

Voluntary

Benefits of Mediation

Efficient Cost savings Fair Confidential No determination

Charge Procedure

The InvestigationObtain pertinent information (via fact findings, on-sites, documents)

Interview witnesses

Analyze information

Make recommendation

Notify parties of

recommendation (EEOC 10

days for rebuttal)

Determination

OCRC

Submission of recommendation in written form to the Commission for approval. After approval, the recommendation (i.e., No Probable Cause or Probable Cause) becomes the official finding of the Commission.

EEOC

Dismissal and Notice of Suit Rights or Cause finding

OCRC Reconsideration

After OCRC issues its formal Letter of Determination, each side has the right to request reconsideration.

The request must be submitted within ten (10) days of the date on the letter. If the request is received in a timely manner and the Commissioners vote to grant the request, the case is returned to the regional office for further investigation. If the request is denied, no further action is taken.

Each side is entitled to only one request for reconsideration.

Charge Resolution Conciliation – EEOC and OCRC

• Negotiate settlement

• Signed Agreement

Unsuccessful Conciliation

OCRCFormal Complaint and Notice of Public Hearing.

EEOCLitigation Review

For Further Information

Contact:

Ohio Civil Rights Commission

Toll Free: 1-888-278-7101

http://crc.ohio.gov

U.S. Equal Employment Opportunity Commission

Toll Free: 1-800-666-0000

www.eeoc.gov