(a) Complaints.
(1) Any person may file a charge with the City Clerk alleging that another person has engaged or is engaging in an unlawful discriminatory practice as defined in Chapter 539 of the Worthington City Codes. The charge shall be in writing and under oath and shall be filed with the City Clerk within one hundred eighty (180) days after the alleged unlawful discriminatory practice is committed. The City Clerk shall forward a copy of the charge to the respondent and to the Law Director.
(2) If the charge of discrimination alleges a violation based on race, sex, color, religion, ancestry, national origin, age, disability, genetic information, military status, and/or any other class or characteristic protected under state or federal law, then the City Clerk shall instruct the complainant to file a charge of discrimination with the Ohio Civil Rights Commission (OCRC)/Equal Employment Opportunity Commission (EEOC). The City Clerk shall provide the complainant with information about this requirement and contact information for the OCRC/EEOC within ten (10) days from the date the charge was filed with the City Clerk. The initial filing of a charge of discrimination with the City Clerk will not extend the deadlines for filing a charge of discrimination with the OCRC/EEOC.
In the event of a deferral, any complainant who timely filed a charge of discrimination under this Chapter may request the Law Director to review the final determination made by the OCRC/EEOC on charges of discrimination containing the same allegations as in the original charge filed under this Chapter. Such request for review must be made within thirty (30) days of the OCRC/EEOC's final disposition of the charge. The Law Director shall only have authority to review dismissals of complaints based on insufficient time or resources to fully investigate or a lack of jurisdiction. The Law Director shall not have authority to review dismissals based on lack of probable cause.
If the Law Director determines that the OCRC/EEOC dismissed the complaint based on insufficient time or resources to fully investigate or a lack of jurisdiction, the Law Director shall process the charge pursuant to Sections 539.05(a)(3)-(7).
Charges of discrimination alleging a violation of this Chapter based on sexual orientation, gender identity or expression, marital status or familial status along with an allegation of discrimination based on race, sex, color, religion, ancestry, national origin, age, disability, genetic information, military status, and/or any other class or characteristic protected under state or federal law shall be subject to deferral to the OCRC as set forth in this section. If the OCRC/EEOC dismisses a charge of discrimination timely filed under this Chapter and based on sexual orientation, gender identity or expression, marital status, or familial status for lack of jurisdiction, the complainant may, within thirty (30) days of such dismissal request the charge to proceed under this Chapter. Upon request, the Law Director shall handle the case in accordance with Sections 539.05(a)(3)-(7).
The Law Director shall have no authority to review any charge under this section if complainant or respondent has appealed the OCRC /EEOC decision to court or otherwise challenged the alleged unlawful discriminatory practices in state or federal court.
(3) For cases processed by the City without intervention of the OCRC/EEOC, the Law Director shall notify the complainant and respondent of the option for voluntary mediation. If both parties agree to voluntary mediation, a mediator designated by the Law Director shall endeavor to eliminate such alleged unlawful discriminatory practices by methods of mediation. The mediation shall be conducted in accordance with Chapter 2710 of the Ohio Revised Code. All mediation communications shall be privileged pursuant to Section 2710.03 of the Ohio Revised Code. Nothing said or done during mediation shall be made public unless the parties agree thereto in writing.
(4) Preliminary Investigation: If the Law Director determines that methods of mediation have failed to effect the elimination of such alleged unlawful discriminatory practice or that the state or federal government has not exercised jurisdiction and/or provided mechanism for redress, the Law Director shall conduct a preliminary investigation. If the Law Director determines after such investigation, that it is not probable that unlawful discriminatory practices have been or are being engaged in, the Law Director shall notify the complainant and respondent in writing that it has been so determined, and that no other action will be initiated under this chapter.
(5) Determination Hearing: If the Law Director determines that methods of mediation have failed to effect the elimination of such alleged unlawful discriminatory practice and that the state or federal government has not exercised jurisdiction and/or provided mechanism for redress, and if the Law Director determines after preliminary investigation that it is probable that unlawful discriminatory practices have been or are being engaged in, then the Law Director shall serve upon the respondent and complainant a notice of a determination hearing before the Hearing Officer. The notice shall inform the respondent and complainant of a hearing at a time and place therein fixed to be held not less than thirty (30) days after the service of such notice and stating the charges specified in the original charge upon which a probable cause determination has been made against the respondent. If circumstances warrant, the Law Director may serve such notice at any time during the complaint procedure. The Hearing Officer will consider any reasonable requests for extension of the hearing date and reserves the right to continue the hearing, for good cause shown, for a period of up to thirty (30) additional days.
Any such charge may be amended by the Law Director or complainant at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend an answer to the original or amended charge, and to appear to such hearing in person, or by attorney, present evidence or otherwise to examine and cross-examine witnesses.
The complainant shall be a party to the proceeding, and any person who is an indispensable party to a complete determination or settlement of the question involved in the proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or presenting relief against the acts or practices complained of, may be, in the discretion of the Hearing Officer, permitted to appear for the presentation of oral or written argument.
In any proceeding, the Hearing Officer shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall in ascertaining the practices followed by the respondent, take into account all reliable, probative, and substantial evidence, statistical, or otherwise, produced at the hearing, which may tend to prove the existence of an unlawful discriminatory practice or a predetermined pattern of unlawful discriminatory practices under Section 539 of the City of Worthington Codes provided that nothing contained in this section shall be construed to authorize or require any person to observe the proportion which persons of any race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status or military status bear to the total population or in accordance with any criterion other than the individual qualifications of the applicant.
The testimony taken at the hearing shall be under oath and before a court reporter hired by the City Manager. The transcript of the hearing shall be filed with the City Clerk.
The Hearing Officer is granted the authority to develop and implement rules and procedures to control the governance of the hearing. In conducting any hearing as provided herein, the Hearing Officer may upon request of any party subpoena as witnesses any person believed to have knowledge of the facts relevant to such hearing, compel the production of books, papers, records or other evidence relative to such hearing by the person having custody or control thereof and may administer oaths, take testimony and issue such rules as shall be necessary to effectuate an investigatory hearing under this section.
The Hearing Officer shall issue a written decision concerning the charges in the complaint. The decision shall include findings of fact and conclusions of law. Any final decision by the Hearing Officer may be appealed to the Franklin County Court of Common Pleas to the extent authorized by applicable law.
(6) Notice of Violation and Order to Cease and Desist: If upon all the evidence presented, the Hearing Officer determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice under this chapter, whether against the complainant or others, the Hearing Officer shall issue a notice of violation, and shall issue an order to respondent to cease and desist the unlawful discriminatory practice.
In addition to issuing a cease and desist order, the Hearing Officer shall have the authority to issue the following remedies:
A. If division (a)(7)B. or C. of this section does not apply, a civil penalty in an amount not to exceed one thousand dollars ($1,000);
B. If division (a)(7)C. of this section does not apply and if the respondent has committed one violation of this Chapter during the five-year period immediately preceding the date on which a complaint was filed pursuant to division (a)(1) of this section, a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500).
C. If the respondent has committed two or more violations of this Chapter during the five-year period immediately preceding the date on which a complaint was filed pursuant to division (a)(1) of this section, a civil penalty in an amount not to exceed five thousand dollars ($5,000).
The notice of violation, order to cease and desist and any other penalty issued by the Hearing Officer shall be served on the respondent and complainant.
The Law Director is authorized to institute in the name of the City of Worthington any appropriate civil enforcement proceedings.
(Ord. 14-2019. Passed 5-20-19.)