Discrimination under Title VII and Chapter 4112 of the Ohio Revised Code Desmon Martin Ohio Civil Rights Commission Michelle Crew U. S. Equal Employment Opportunity Commission
Mission OCRC We are the Ohio Civil Rights Commission, primary educator and enforcer of Ohio’s Laws Against Discrimination. EEOC To 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 : • Race/Color • Sex • Religion • National Origin/Ancestry • Age • Disability • Retaliation
Race and Color Race: Major ethnic divisions of mankind. EEOC has designated five racial categories • CAUCASIAN (WHITE) • AFRICAN AMERICAN (BLACK) • HISPANIC • EAST ASIAN AND PACIFIC ISLANDER • NATIVE AMERICAN These categories are not exclusive. Color – shade of an individual’s skin, intensity of skin hue.
Sex Sex, 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: • An individual’s or his ancestor’s place of origin; or • 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 -Aphysical or mental impairment that substantially limits one or more majorlife activities, including the functions ofcaring 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
EMPLOYER- 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. • EMPLOYEE - An individual employed by any employer; does not include any individual employed in the domestic service of any person. • LABOR 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 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 Investigation • Obtainpertinent information (via fact findings, on-sites, documents) • Interview witnesses • Analyze information • Make recommendation • Notifyparties 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 LetterofDetermination, 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 • OCRC • FormalComplaintandNoticeofPublicHearing. • EEOC • Litigation 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