(a) Complaints.
(1) Whenever it is alleged in writing and under oath or affirmation by a person, referred to in this chapter as the "Complainant", that any person, employer, employment agency, and/or labor organization, referred to in this chapter as the "Respondent", has engaged or is engaging in any unlawful discriminatory practice or act as defined in this chapter (the "Complaint"), the Administrator shall determine, no later than forty (40) business days of receipt of the Complaint, whether a Complaint of discrimination alleges a violation based on gender identity or expression, or sexual orientation with sufficient clarity for the matter to be investigated, mediated, and, when appropriate, enforced under the procedures in this chapter.
(2) Complaints of discrimination alleging a violation of this chapter based on sexual orientation or gender identity or expression, along with an allegation of discrimination because of the Complainant's status in a different legally-protected class (a "Hybrid Complaint") may be subject to deferral to the Ohio Civil Rights Commission ("OCRC") and/or 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") as set forth in this section.
A. The Administrator shall notify a Complainant of the potential additional rights and remedies available by filing a Hybrid Complaint with the OCRC, FHEO or EEOC and that by failing to file with those 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 ten (10) business days of the Administrator's decision to refer the Complaint to the OCRC, FHEO or EEOC.
B. In the event a Complainant declines, in writing, to file a charge with OCRC, FHEO or EEOC, the Administrator may oversee investigation into and/or mediation of the complaint in accordance with this chapter. In the event a Complainant elects to file a charge with OCRC, FHEO or EEOC, the Administrator shall not hear the Hybrid Complaint while the matter remains pending at the state or federal level unless and until such charge, in its entirety, reaches a final disposition; provided, however, nothing in this division B prohibits a Complainant from filing a separate Complaint as provided in division (a)(3) of this section.
(3) Complaints of discrimination alleging a violation of this chapter shall be overseen by the Administrator in accordance with this chapter without deferral of the Complaint to the OCRC, FHEO, or EEOC unless and until state or federal law is revised to grant the OCRC, FHEO, or 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 to those state and federal agencies. A Complaint that fails to properly allege a violation of this chapter may be dismissed by the Administrator at any time.
(b) Deadline for Filing. A Complaint alleging discrimination under this chapter shall be filed with the Administrator within one hundred twenty (120) days after the alleged unlawful discriminatory practice(s) or act(s) is committed, or within one (1) year after the Complainant discovered or by reasonable diligence should have known of such practice(s) or act(s). The Complaint shall be filed upon oath or affirmation and shall contain such information, including the date, place and circumstances of the alleged discriminatory practice(s) or act(s). The Administrator shall serve notice upon the Complainant acknowledging such filing and advising the Complainant of the time limits provided herein.
(c) Respondent.
(1) Within twenty eight (28) days after the Administrator determines that a Complaint of discrimination alleges a violation based on gender identity or expression, or sexual orientation with sufficient clarity for the matter to be investigated, mediated, and enforced under the procedures in this chapter, the Administrator shall serve a copy of the Complaint and a written notice upon the Respondent identifying the alleged discriminatory practice(s) and setting forth the rights and obligations of the parties under this chapter. 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 Administrator. Notice shall be served upon such additional or substitute Respondent(s) within twenty (20) days of such joinder or substitution and shall explain the basis for the Administrator's belief that the person to whom the notice is addressed is properly joined as a Respondent.
(3) The Respondent may file a Response to the Complaint with the Administrator by regular U.S. Mail, hand delivery, or electronic mail no later than thirty (30) days after service of the Complaint.
(4) The Respondent's Response shall be served by the Administrator upon the Complainant by regular U.S. Mail or electronic mail within fourteen (14) days of receipt by the Administrator.
(d) Investigations.
(1) The Administrator may investigate the allegations in the Complaint or cause the City to enter into a contract with a third party to conduct all necessary investigations into the allegations made in a Complaint and any facts or issues raised in Respondent's Response to a Complaint. An investigation may include, but is not limited to, the following: reading of any and all submitted materials including the Complaint and response, questioning of all Parties and any witness(es), speaking with identified third parties (e.g., employers, co-workers, co-tenants, neighbors), seeking document(s) relevant to the Complaint and the Response, etc.
(2) Upon completion of any third-party investigation, the Administrator shall require the third party to prepare a written report and submit other evidentiary materials detailing the findings of the investigation.
(3) Upon completion of any investigation, the Administrator shall review the facts and any investigatory report(s) and underlying materials and shall endeavor to schedule a mediation between the Complainant and the Respondent before a neutral third-party mediator. Written notification of the mediation shall be served upon the Complainant and Respondent by certified mail return receipt requested or electronic mail.
(e) Mediation. The Administrator shall endeavor to resolve the Complainant's allegations with a mutually agreed upon mediator who shall be a neutral person who is an attorney licensed to practice in Ohio and with mediation experience and discrimination representation experience. If the parties to the mediation cannot agree on a mediator, the Administrator shall choose the mediator.
(1) Nothing said or done in the course of a mediation shall be disclosed or used as evidence in any subsequent proceeding or civil action.
(2) Mediation shall be completed within one hundred twenty (120) days of the filing of the Complaint and shall toll or suspend all other dates and deadlines under this chapter. If mediation fails, the Administrator shall review the facts of the Complaint, and any investigatory report(s) and underlying materials to determine if there has been a violation of this chapter. If the Administrator determines a violation has occurred, the Administrator may bring an action to enforce the provisions of this chapter and seek relief on behalf of the City as authorized in Section 717.08 (f)(1)and (2) and Section 717.10 of this chapter.
(3) An agreement between the parties arising out of such mediation shall be reduced to a written agreement executed by the Respondent and the Complainant and by the Administrator on behalf of the City of Medina. The City of Medina shall have an interest in the mediation agreement related to enforcement of the purposes and enforcement of this chapter.
(4) The Administrator may impose civil penalties for a violation or breach of a mediation agreement.
(f) Penalties.
(1) The Administrator may impose civil penalties and may issue a cease and desist order for a Complainant's or Respondent's failure to appear at an agreed upon mediation, for a violation or breach of a mediation agreement, and/or for any other violation of this chapter in the following amounts:
A. Five hundred dollars ($500) for a Complainant's or Respondent's failure to appear at an agreed upon mediation without a showing of good cause, or Complainant's or Respondent's first breach of a mediation agreement, or any other violation of this chapter, as determined by the Administrator
B. One thousand dollars ($1,000) for a Complainant's or Respondent's second breach of a mediation agreement or a second violation of any other provision of this chapter, as determined by the Administrator.
C. One thousand five hundred dollars ($1,500) for a Complainant's or Respondent's third or any subsequent breaches of a mediation agreement, or a third or subsequent violation of any other provision of this chapter, as determined by the Administrator.
(2) Upon the failure or refusal of a person to pay the foregoing civil penalties, a civil penalty may be enforced and collected through a civil action brought in the Medina Municipal Court and the court costs shall be charged to the defending party. The civil fines shall be used to offset the costs of administering this chapter.
(3) If the Complainant fails to appear at an agreed upon mediation without a showing of good cause, the Complaint may be dismissed at the discretion of the Administrator.
(4) A civil penalty for the filing of a False Complaint under Section 717.09(b) of this chapter may be enforced and collected through a civil action brought in the Medina Municipal Court and the court costs shall be charged to the defending party. The civil penalties for the filing of a False Complaint may be imposed on a Complainant as follows:
A. Five hundred dollars ($500) for the filing of the first False Complaint.
B. One thousand dollars ($1,000) for the filing of a second False Complaint.
C. One thousand five hundred dollars ($1,500) for the filing of a third and any subsequent False Complaint.
(Ord. 112-19. Passed 7-8-19.)