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WHAT TO EXPECT WHEN YOUR COMPANY RECEIVES NOTICE OF AN OCRC CHARGE
Spring 2005 |
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By Janis E. Susalla Foley and Janelle Schaller
A notice from the Ohio Civil Rights Commission (“OCRC”) arrives-- a discrimination charge has been filed against your company. This can be a worrisome event. But just because a charge was filed does not mean that your company violated the law. It indicates only that a current or former employee, or the OCRC itself, believes that unlawful discrimination has occurred, and has filed a charge.
After a charge is filed, there are two options: mediation or investigation. The parties may or may not choose to have representation during these processes. With mediation, both sides meet with an OCRC mediator and try to reach a compromise. If both parties do not choose mediation, or mediation is unsuccessful, there is an investigation. For an investigation, a Field Representative from the OCRC is assigned to figure out whether or not probable cause exists to believe that a violation has occurred. The company (called “the Respondent”) is required to submit a detailed response within a specified time period, usually 14 days. The investigator may wish to speak with company employees or other witnesses, and may ask to inspect certain documents at your place of business.
After the investigation, which can take months to complete, the investigator makes a recommendation to his or her supervisor, the Regional Director, and then to the OCRC Commissioners, who issue a Letter of Determination. If no probable cause is found, the OCRC dismisses the charge. The charging party may then contact the Equal Employment Opportunity Commission to request review of the determination. If probable cause is found, the OCRC will attempt to conciliate the matter, i.e., to negotiate a settlement between the Respondent and the charging party. Both parties have 10 days to request a reconsideration of the determination.
If, after a finding of probable cause, the parties cannot reach a settlement, the OCRC issues a Formal Complaint and Notice of Public Hearing. This hearing occurs before a Hearing Examiner, and each party has an opportunity to present its arguments, witnesses and other evidence supporting its position, usually with the assistance of counsel. The Ohio Attorney General’s office represents the OCRC. The Hearing Examiner issues Findings of Fact, Conclusions of Law and Recommendations to the OCRC Commissioners. A Final Order either dismisses the charge or orders the company to correct the situation. After the Final Order, the parties may seek review of the decision in state court.
For additional information, visit http://www.crc.ohio.gov
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