160.03 COMPLAINT AND ENFORCEMENT PROCEDURE.
Discrimination Complaints filed directly with the City of Beachwood shall be immediately referred to the Cuyahoga County's Human Rights Commission for review and adjudication as set forth in Cuyahoga County Codified Ordinance Section 1501.03.
(a) Complaints.
(1) As set forth in Cuyahoga County Codified Ordinance Section 1501.03, whenever it is alleged in writing and under oath, by a person, referred to as the "Complainant," that any person, employer, employment agency, and/or labor organization referred to as the "Respondent," has engaged or is engaging in any unlawful discriminatory practice or act as defined in Section 160.02 of this Chapter, the Cuyahoga County Human Rights Commission or its authorized designee must determine immediately, no later than five (5) business days of receipt of the Complaint, whether a Complaint of discrimination alleges a violation based on race, color, religion, military status, national origin, disability, age, ancestry, familial status, sex, sexual orientation, or gender identity or expression.
(2) In accordance with Cuyahoga County Codified Ordinance Section 1501.03(A)(2), if the Complaint alleges a violation based on race, color, religion, military status, national origin, disability, age, ancestry, familial status, or sex, the Complainant shall immediately be instructed to file a charge of discrimination, if he or she chooses, with the Ohio Civil Rights Commission (OCRC) and either the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity (FHEO) or the Equal Employment Opportunity Commission (EEOC):
A. The Cuyahoga County Human Rights Commission shall provide the Complainant with information about this requirement and the contact information for the OCRC, FHEO, and EEOC.
B. The Complainant shall be notified no later than five (5) business days via Certified Mail of the Cuyahoga County Human Rights Commission's decision declining jurisdiction to investigate and hear the Complaint.
(3) In accordance with Cuyahoga County Codified Ordinance Section 1501.03(A)(3), Complaints of discrimination alleging a violation of this Chapter based on sexual orientation or gender identity or expression, along with an allegation of race, color, religion, military status, national origin, disability, age, ancestry, familial status or sex discrimination (a "hybrid complaint") may be subject to deferral to the OCRC/FHEO/EEOC as set forth in this Section.
A. The Cuyahoga County Human Rights Commission shall notify a Complainant of the potential additional rights and remedies available by filing a hybrid charge with OCRC/FHEO/EEOC, and that by failing to file with state and federal authorities the Complainant may forego their right to do so in the future. Such notification shall be in writing and by Certified Mail within five (5) business days via Certified Mail of the Cuyahoga County Human Rights Commission's decision to refer the Complaint to OCRC/FHEO/EEOC.
B. In the event a Complainant declines, in writing, to file a charge with OCRC/FHEO/EEOC, the Cuyahoga County Human Rights Commission may adjudicate the complaint in accordance with this Chapter. In the event a Complainant elects to file a charge with OCRC/FHEO/EEOC, the Cuyahoga County Human Rights Commission shall not hear the hybrid Complaint while the matter remains pending at the state or federal level unless and until such Complaint, in its entirety, reaches a final disposition; provided, however, nothing in this paragraph prohibits a Complainant from filing a separate Complaint as provided in paragraph (A)(4) of this Section.
(4) Complaints of discrimination alleging a violation of this Chapter based exclusively on sexual orientation and/or gender identity or expression shall be adjudicated by the Cuyahoga County Human Rights Commission in accordance with Cuyahoga County Codified Ordinance Chapter 1501 without deferral of the Complaint to OCRC/FHEO/EEOC unless and until state or federal law is revised to grant OCRC/FHEO/EEOC jurisdiction to adjudicate allegations of discrimination on the basis of sexual orientation and/or gender identity or expression, at which time such Complaints may be subject to deferral. If the OCRC/FHEO/EEOC dismisses a charge of discrimination timely filed under this Chapter based on sexual orientation, gender identity or expression, or any other protected category specified in this Chapter for lack of jurisdiction, the Complainant may, within thirty (30) days of such dismissal, request the charge to proceed under this Chapter. Upon the request, the Cuyahoga County Human Rights Commission shall handle the case in accordance with this Chapter.
(b) Deadline for Filing. A Complaint alleging discrimination under Section 160.02(A) of this Chapter shall be filed the City of Beachwood within three hundred and twenty (320) days after the alleged unlawful discriminatory practices or acts are committed. If a complaint is filed directly with the City of Beachwood, the City shall refer said compliant to the Cuyahoga County Human Rights Commission within three hundred and thirty (330) days after the alleged unlawful discriminatory practices or acts are committed. A Complaint alleging discrimination under any other Section of this Title shall be filed with the City of Beachwood within one hundred and twenty (130) days. If a complaint is filed directly with the City of Beachwood, the City shall refer said complaint to the Cuyahoga County Human Rights Commission within one hundred and fifty (150) days after the alleged unlawful discriminatory practices or acts are committed. The Complaint shall be filed upon oath and affirmation and shall contain such information, including the date, place and circumstances of the alleged discriminatory practice or act.
The Cuyahoga County Human Rights Commission through its designee shall serve notice upon the Complainant acknowledging such filing and advising the Complainant of the time limits provide herein. The Cuyahoga County Human Rights Commission shall have the exclusive jurisdiction to adjudicate in accordance with this Chapter and Cuyahoga County Code Chapter 1501 and Section 206.13 all Complaints filed under this Chapter.
(c) Respondent. The Cuyahoga County Human Rights Commission shall proceed as required under Cuyahoga County Codified Ordinance Section 1501.03(C), which may include the following:
(1) Within fourteen (14) days of the filing of the Complaint, the Cuyahoga County Human Rights Commission or its designee shall serve a copy of the Complaint and a written notice upon the Respondent identifying the alleged discriminatory practices and setting forth the rights and obligations of the parties. Such service shall be by certified mail return receipt requested.
(2) A person who is not named as a Respondent in a Complaint, but who is identified as a Respondent in the course of an investigation, may be joined as an additional or substitute Respondent upon written notice to such person from the Cuyahoga County Human Rights Commission. Notice shall be served upon such additional or substitute Respondent(s) within ten (10) days of such joinder or substitution and shall explain the basis for the Cuyahoga County Human Rights Commission's belief that the person to whom the notice is addressed is properly joined as a respondent.
(3) The Respondent may file an answer or response to the Complaint, no later than thirty (30) days after service of the Complaint.
(4) Respondent's response or answer shall be served by the Cuyahoga County Human Rights Commission upon the Complainant within seven (7) days of receipt by the Cuyahoga County Human Rights Commission.
(d) Conciliation/Mediation. Complaints may be resolved through Conciliation/Mediation in accordance with Cuyahoga County Codified Ordinance 1501.03(D). Resolution through Conciliation/Mediation may follow the following process:
The Executive Director shall notify the Complainant and Respondent of the option of voluntary mediation to resolve the Complaint. The Executive Director or designee shall endeavor to eliminate such practices by methods of conference, conciliation, and mediation, to the extent feasible.
(1) The Executive Director may designate an outside mediator for attempting conciliation or mediation.
(2) Nothing said or done in the course of conciliation/mediation shall be disclosed to or be used as evidence in any subsequent proceeding or civil action.
(3) Conciliation/Mediation shall be completed within sixty (60) days of the filing of the Complaint and shall toll or suspend all other dates and deadlines under this Chapter. If conciliation/mediation fails, a final decision by the Cuyahoga County Human Rights Commission shall be issued on the Complaint within ninety (90) days.
(4) A conciliation agreement arising out of such conciliation or mediation shall be reduced to a written agreement executed by the Respondent and Complainant. This agreement shall be subject to the approval of the Commission.
(5) The Cuyahoga County Human Rights Commission may impose civil penalties for a violation or breach of a conciliation agreement.
(e) Dismissal of Complaint. The Cuyahoga County Human Rights Commission may dismiss a Complaint in accordance with Cuyahoga County Codified Ordinance Section 1501.03(E) upon concluding that the Complaint is meritless, or for Complainant's failure to prosecute, may dismiss a complaint at any time. Such dismissal shall constitute a final appealable order. The Cuyahoga County Human Rights Commission shall promptly serve notice upon the Complainant, Respondent, and any necessary party of any dismissal pursuant to this section.
(Ord. 2018-169. Passed 11-5-18.)