Links to State Health Laws and Regulations
Ohio Administrative Code (Regulations)
Equal Employment Opportunity Policy
SECTION 2.02: EQUAL EMPLOYMENT OPPORTUNITY (EEO)
COMPLAINT POLICY AND PROCEDURE.
(OAC 123:1-49) (ORC 119) Rule Authorized by Executive Order 9/13/73
A. Filing a Discrimination Complaint.
A complaint may be filed through the County EEO Coordinator
1. Any employee or applicant having a complaint of discrimination based on race,
color, religion, sex, national origin, handicap and/or disability, veteran status or
age (40 and over) may file a written discrimination complaint with the Scioto
County Equal Employment Opportunity Coordinator. A complaint form is
available for this purpose and can be obtained from the EEO Coordinator.
2. The complaint must be filed within thirty (30) days of the alleged discriminatory
action, except that this time limit may be extended if the complainant can show
that he/she did not have notice of the time limit, or was not given notice of the
time limit, or was prevented by circumstances beyond his/her control from
submitting the complaint within the time limit, or for other reasons considered
sufficient by the Coordinator. A complaint filed with a federal agency must be
filed within 180 days of the date of the alleged act(s) of discrimination.
3. A complaint shall be deemed filed on the date it is received or on the date
postmarked, if mailed. The EEO Coordinator shall acknowledge receipt of the
complaint in writing and inform the complainant in writing of the complaint
procedure and of his/her right to file with the EEO Commission and/or the Ohio
Civil Rights Commission.
4. Complaints may also be filed with the Equal Employment Opportunity
Commission. Section II-9.200 of the ADA, Title II Technical Assistance manual
lists 10 federal agencies with which a complaint may be filed under the
Americans with Disabilities Act.
B. Complainant’s Right to Representation.
At any time during the course of the procedure, the complainant shall have the right
to be accompanied, represented and advised by a representative of his/her choosing.
If the complainant is an employee and has designated another employee as his/her
representative, both the representative and the complainant shall be given a
reasonable amount of time off work during normal working hours to present the
complaint. Time spent during non-working hours to prepare the complaint will not
merit compensation under this policy.
C. Rejection of a Complaint.
1. The EEO Coordinator may reject a complaint which was not timely filed and
where information supplied by the complainant is deemed insufficient for the
purpose of conducting an investigation.
2. The EEO Coordinator shall reject those complaints which do not allege
discrimination on the basis of race, color, religion, national origin, handicap,
disability, age or which are identical to a previous complaint filed by the same
complainant which is pending or has been decided under this procedure.
3. The decision to reject a complaint, and the reason(s) for the decision, shall be
communicated to the complainant in writing, within ten (10) days of the filing of
D. Informal Resolution of a Complaint.
1. Upon receipt of a complaint, the EEO Coordinator shall have fifteen (15) days
in which to investigate and attempt to resolve the complaint informally. If an
informal resolution of the complaint is achieved, the terms of the resolution
shall be set forth in writing, made a part of the complaint file and a copy shall
be provided to the complainant.
2. If an informal resolution of the complaint is not achieved, the EEO Coordinator
shall notify the complainant in writing:
a. of the proposed disposition of the complaint; and
b. of his/her right to a hearing before the Personnel Committee of the
Board of the complainant notifies the Health Commissioner in writing
of his/her desire for a hearing within fifteen (15) days of his/her receipt
of this notice.
E. The Hearing.
1. Upon receipt of the Personnel Committee Chairperson (Health Commissioner)
of the complainant’s written notification of his/her desire for a hearing, the
Personnel Committee of the Board shall have thirty (30) days in which to hold
a hearing on the complaint.
2. The EEO Coordinator shall transmit to the Personnel Committee all materials
concerning the complaint which have been acquired. Should the Personnel
Committee determine that further investigation is needed, the Committee may
direct the EEO Coordinator to conduct such investigation.
3. The hearing shall be conducted in accordance with due process of law,
a. adequate notice to all parties of hearing time, place and procedures;
b. reasonable timing;
c. the right of each party of representation, to present evidence, and to
question evidence of the other; and
d. the fact that the decision will be made solely on the basis of recorded
4. The Personnel Committee shall have authority to:
a. regulate the course of the hearing;
b. exclude irrelevant or unduly repetitious evidence;
c. limit the number of witnesses; and
d. exclude any persons from the hearing for misconduct during the
5. The rules of evidence applicable to civil proceedings need not be followed.
6. The Personnel Committee shall render a decision within ten (10) working days
of the conclusion of the hearing. The decision shall be made in writing and
shall contain a statement of the reason(s) for the decision. Copies of the
decision shall be provided to the Appointing Authority, the EEO Coordinator
and the complainant. In addition, a letter shall be provided to the complainant
informing him/her of his/her right to file with the EEO Commission and the
Ohio Civil Rights Commission. The Complainant has the right to file with the
EEO Commission and the Ohio Civil Rights Commission within one hundred
eighty (180) days of the date of the alleged discrimination.
7. The decision of the Personnel Committee shall not be final; however, the
Committee may refer the matter to the Board of Commissioners, when a
unanimous decision cannot be arrived at by the Personnel Committee. The
Board of Commissioners will only hear complaints that have not been
appealed to the Ohio Civil Rights Commission. Once an appeal has been
made to the Scioto County Board of Commissioners, it will be heard within
thirty (30) calendar days. Charges filed by the complainant to the Ohio Civil
Rights Commission or the federal EEO Commission will not be heard by the
Scioto County Board of Commissioners so as not to prejudice the complaint.
F. Freedom from Reprisal.
Complainants, their representatives and witnesses shall be free from restraint,
interference, coercion, discrimination or reprisal during all stages and following
the completion of the complaint procedure.
BOARD APPROVAL DATE: 10/14/2005
BOARD REVISION DATE: 5/13/2022