Ohio Admin. Code 123:1-49-03 - Responsibilities of state agencies regarding equal employment opportunity

(A) The head of each Each agency shall will establish an agency equal opportunity program which shall include an affirmative action plan. Ultimate responsibility for the agency's equal opportunity program rests with the agency head appointing authority. Each agency shall will designate an agency equal employment opportunity officer who shall will have sufficient knowledge and experience to handle the assignment and whose functions may include:

(1) Advising the head of the agency appointing authority with respect to the preparation of equal employment opportunity programs, procedures, rules, and reports, and the agency's affirmative action plan.

(2) Evaluating from time to time the sufficiency of the total agency equal employment opportunity program and reporting thereon to the head of the agency appointing authority with recommendations as to any improvement or correction needed. The head of the agency shall appointing authority will include remedial or disciplinary actions for supervisors or managers who have failed to cooperate fully or who are in violation of the program.

(3) Make Making changes in programs and procedures designed to eliminate discriminatory practices when so authorized by the head of the agency appointing authority.

(4) Evaluating tests, employment policies, practices and qualifications and reporting to the head of the agency appointing authority and to the affirmative action and equal employment opportunity unit state human resources division any such policies, practices, and qualifications which that have a disparate impact on minorities and women the protected classes set forth in rule 123:1-49-01 of the Administrative Code. This function shall will be performed in cooperation with the affirmative action and equal employment opportunity unit of the department of administrative services state human resources division.

(5) Providing for counseling of any aggrieved employee or applicant for employment who believes that he or she has they have been discriminated against because of race, color, religion, sex, or national origin (ancestry), military status (past, present or future), disability, age (forty years of age or older), genetic information, or sexual orientation based on the protected classes set forth in rule 123:1-49-01 of the Administrative Code.

(6) Providing for receipt and investigation of individual complaints of discrimination in personnel matters within the agency, and for attempting to resolve the complaint raised by the employee or candidate in a complaint of discrimination.

(7) Furnishing any information required requested by the affirmative action and equal employment opportunity unit state human resources division, including but not limited to, monthly reports on all complaints pending within the agency, including those filed with the Ohio civil rights commission and or the federal equal employment opportunity commission. The affirmative action and equal employment opportunity unit state human resources division will provide the format in which such reports should be submitted.

(B) Agencies will publish the functions, rules, and activities of the agency by posting the following information on official bulletin boards and agency websites:

(1) The contact information for the state equal employment opportunity officer.

(2) The names and addresses of the agency equal employment opportunity officers and that they are available to assist employees or candidates for employment who believe they have been discriminated against because of the classes set forth in rule 123:1-49-01 of the Administrative Code.

(3) The right of each employee and candidate for employment who believes that he or she has been discriminated against because of the classes set forth in rule 123:1-49-01 of the Administrative Code to file a complaint.

(4) The complaint procedure and time limits for such complaints as established by this chapter.

(B)(C) An equal employment opportunity officer may be named for a group of participating agencies when the agency is too small to have an full time equal employment opportunity officer.

(C)(D) The names of the equal employment opportunity officers, their address, email address, and telephone number, and any change made in their designation shall will be furnished to the affirmative action and equal employment opportunity unit state human resources division annually or as changes are made.

Notes

Ohio Admin. Code 123:1-49-03

Effective: 10/18/2024
Five Year Review (FYR) Dates: 8/2/2024 and 09/15/2029
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.04(O)
Prior Effective Dates: 08/13/1973, 03/28/2014, 10/25/2020