Discrimination - Credit - Employment - Higher Education - Housing - Public Accommodation - Retaliation Complaint Procedure Mediation Enforcement Events Calendar Request for Speech Education Programs 1-888-278-7101	Enforcement When the investigator has accumulated enough evidence to support a recommendation it will be reviewed with you. Generally speaking, the recommendation will be either one of NO PROBABLE CAUSE, or PROBABLE CAUSE. This recommendation will then be submitted, in written form, to the Investigator’s supervisor, then to the Regional Director, and finally to the Commissioners, who must approve the report before it becomes the official finding of the Commission. When the preponderance of evidence obtained during the course of the investigation is insufficient to substantiate the charge of discrimination, the Commission must make a finding that it is NOT PROBABLE that a violation of the law has occurred. The Commission will then dismiss the charge with a finding of NO PROBABLE CAUSE. When the preponderance of evidence is sufficient to substantiate that discrimination has occurred, the Investigator will recommend that the Commission make a finding that it is PROBABLE that a violation of the law has occurred. This is a PROBABLE CAUSE finding. Request For Reconsideration Once the Commission has issued its formal Letter of Determination concerning your charge, each side has the right to ask the members of the Commission to reconsider its decision. The Letter of Determination will contain a form explaining the method for making this request. This request for reconsideration must be submitted within ten (10) days of the date on the Letter of Determination. No one has the authority to extend this deadline, or to grant any party an exception to this rule. If your request for reconsideration, or the Respondent’s request for reconsideration, has been timely received, the Commissioners will review your request, and the case file, to decide whether or not to grant the request. If the Commissioners vote to grant the request, your case will be returned to the regional office for further investigation. If the Commissioners vote to deny the request, no further action will be taken. Each side to a charge of discrimination is entitled to only one request for reconsideration. Conciliation If the Commission, after investigating your charges, determines that it is probable that discrimination has occurred, the Commission must attempt to negotiate a settlement to the matter, by informal methods of conference, conciliation, and persuasion. If a settlement is possible, the terms being offered by the Respondent will be discussed with you, and you must agree to them before they can be accepted. You will be asked to sign an agreement showing that you accept the offer, and understand that the matter has been settled to your satisfaction. At this time, the Conciliator will explain to you what types of remedy are available through the Commission, and what is not. If the Conciliator determines that settlement is not possible, he or she will inform the Commission that conciliation efforts have failed, and ask that the Commission issue a FORMAL COMPLAINT AND NOTICE OF PUBLIC HEARING. Rights and Responsibilities If You Are A Respondent The Charge Charges of discrimination may be filed by: Any person who is directly affected by any alleged discriminatory act Any person who has knowledge of, or interest in, any alleged discriminatory act The Commission, itself The charge may include allegations of pattern or practice (systemic) discrimination, or include multiple issues and jurisdictional bases. When a charge has been filed against you, remember … the Commission’s procedure is an impartial administrative procedure, not a civil or criminal procedure. The Investigation During the investigation, representatives of the Commission may: Interview you and other witnesses Have access to pertinent records and documents, and review them Make an on-site inspection of your facilities and operations You will be given every opportunity to ask questions, provide information, and suggest witnesses. At any point in the procedure you may initiate a voluntary settlement of the charges, and negotiate the terms of settlement with the Charging Party and the Investigator. Although records and witnesses can be subpoenaed by the Commission, it is preferable to work together without using such legal measures. The law prohibits you from taking any adverse action against a person merely because he or she has filed a charge with the Commission, made a complaint about alleged discrimination, testified or participated in any proceeding before the Commission, or opposed any practice forbidden by the Ohio Laws Against Discrimination. Once the investigation is completed, you will receive a formal Letter of Determination from the Commission. Just as with the Charging Party, this letter will inform you whether the Commission has made a finding of NO PROBABLE CAUSE, or PROBABLE CAUSE. If the finding is one of PROBABLE CAUSE, you have the right to ask the Commission to reconsider its finding within ten (10) days of the date on the Letter of Determination. If the Commission has issued a finding of PROBABLE CAUSE, the Commission will attempt to conciliate the charges to the mutual satisfaction of both parties. If conciliation is not possible, then a Formal Complaint and Notice of Public Hearing will be issued. Home   |   About Us   |   Services   |   Charge Forms   |   Regional Offices Publications   |   Employment   |   Public Affairs   |   Case Archive ** Disclaimer ** Site Developed by Sophisticated Systems, Inc.