FEPA Discrimination Charge and Right-to-Sue Procedure — Ohio

FEPA Discrimination Charge and Right-to-Sue Procedure (Ohio)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [________________________________] (Complainant)
FROM: [________________________________] (Attorney)
DATE: [__/__/____]
RE: Eligibility to File OCRC Charge — Ohio Civil Rights Act, ORC Chapter 4112

1. Threshold Eligibility Questions

2. Substantive Analysis

a. Protected Class. Complainant is a member of the following protected class(es) under ORC § 4112.02(A): [________________________________].

b. Adverse Employment Action. Complainant suffered: [________________________________].

c. Causal Connection / Evidence of Discrimination.

[____________________________________________________________]

d. Administrative Exhaustion Analysis. Under ORC § 4112.052(B)(1), Complainant must file a charge with OCRC before bringing a damages action under Chapter 4112. Exceptions:
☐ Suit seeks only injunctive relief
☐ Charge dual-filed with EEOC and EEOC has issued Notice of Right to Sue

e. Damages Snapshot. Lost wages: $[__________]. Note: compensatory and punitive damages are capped under ORC § 2315.18, § 2315.21 as incorporated by ORC § 4112.052(E).

3. Strategic Recommendation

☐ File OCRC charge (and dual-file with EEOC)
☐ Request OCRC Notice of Right to Sue after 60 days under ORC § 4112.051(N)
☐ Pursue parallel EEOC charge and rely on federal right-to-sue exception
☐ Decline representation — claim untimely or non-viable

Recommended Action: [________________________________]

Part B — Charge of Discrimination (OCRC Filing)

OHIO CIVIL RIGHTS COMMISSION
CHARGE OF DISCRIMINATION

Basis of Discrimination (check all that apply)

☐ Race
☐ Color
☐ Religion
☐ Sex (including pregnancy)
☐ Sexual harassment
☐ National origin / ancestry
☐ Age (40+)
☐ Disability
☐ Military status
☐ Retaliation
☐ Other: [________________________________]

Particulars (Narrative Statement)

I, [________________________________], being first duly sworn, depose and state under oath:

1. I am a member of the protected class(es) checked above. Specifically: [________________________________].

2. I was employed by Respondent as [________________________________] from [__/__/____] until [__/__/____] (or, if still employed, "to the present").

3. Discriminatory Acts. On or about [__/__/____], Respondent took the following adverse action(s) against me: [____________________________________________________________].

4. Similarly Situated Comparators. Employees outside my protected class were treated more favorably as follows: [____________________________________________________________].

5. Direct Evidence (if applicable). [Name/title] made the following statement(s): [________________________________].

6. Internal Complaint. I [☐ did ☐ did not] complain internally. Details: [________________________________].

7. Retaliation (if applicable). After I engaged in protected activity on [__/__/____], Respondent retaliated by [________________________________].

8. I believe I was discriminated against because of my [protected class] in violation of ORC § 4112.02 (and, where applicable, Title VII, the ADA, and/or the ADEA).

Verification:

I declare under penalty of perjury under the laws of the State of Ohio that the foregoing is true and correct, and I sign this charge under oath.

Signed: ______________________________ Date: [__/__/____]

State of Ohio, County of [____________] ss.
Sworn to and subscribed before me this ____ day of __________, 20__.
______________________________
Notary Public

Part C — Right-to-Sue Demand Letter

[Date]

Ohio Civil Rights Commission
Attn: Charge Processing
30 East Broad Street, 5th Floor
Columbus, OH 43215

Via Certified Mail, Return Receipt Requested

Re: Request for Notice of Right to Sue — ORC § 4112.051(N)
Charge No.: [____________]
Complainant: [________________________________]
Respondent: [________________________________]

Dear OCRC Charge Processing:

Pursuant to ORC § 4112.051(N)(1), Complainant hereby requests in writing that the Ohio Civil Rights Commission cease its investigation and issue a Notice of Right to Sue in the above-referenced matter.

More than 60 days have elapsed since the charge was filed on [__/__/____]. Complainant understands that issuance of the Notice of Right to Sue precludes refiling with OCRC and that Complainant must proceed in the Court of Common Pleas within the limitations period set forth in ORC § 4112.052(B)(1) and (D).

Please issue the Notice of Right to Sue at your earliest convenience and serve it on Complainant and Respondent at the addresses on file.

Sincerely,

______________________________
[Complainant Name]
[Address]
[Phone] | [Email]

cc: [Respondent / Respondent's counsel]

Part D — Pre-Suit Civil Complaint (Template)

IN THE COURT OF COMMON PLEAS
[____________] COUNTY, OHIO

Case No.: [____________]
Judge: [____________]

COMPLAINT FOR EMPLOYMENT DISCRIMINATION (ORC § 4112.052) — JURY DEMAND ENDORSED HEREON

Plaintiff, [________________________________], by and through undersigned counsel, for Plaintiff's Complaint against Defendant, states:

I. Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [____________] County, Ohio.

2. Defendant is [an Ohio corporation / foreign corporation registered to do business in Ohio / LLC] with a principal place of business at [________________________________].

3. Defendant is an "employer" within ORC § 4112.01(A)(2) because it employs four or more persons within Ohio.

4. This Court has subject-matter jurisdiction under ORC § 4112.052(A) and Ohio Const. art. IV, § 4(B).

5. Venue is proper in [____________] County under Ohio Civ. R. 3(C) because the discriminatory acts occurred in this county and/or Defendant conducts business here.

II. Administrative Exhaustion

6. On [__/__/____], Plaintiff timely filed Charge No. [____________] with the Ohio Civil Rights Commission within two years of the alleged discriminatory practice, in compliance with ORC § 4112.051(C)(2) and § 4112.052(B)(1).

7. On [__/__/____], OCRC [☐ issued a Notice of Right to Sue / ☐ closed the matter on Complainant's request under ORC § 4112.051(N)] (Notice attached as Exhibit A).

8. This action is filed within the two-year limitations period set forth in ORC § 4112.052(B)(1), as tolled during OCRC pendency under ORC § 4112.052(D).

III. Factual Allegations

9. [____________________________________________________________]

10. [____________________________________________________________]

11. [____________________________________________________________]

IV. Count I — Employment Discrimination in Violation of ORC § 4112.02

12. Plaintiff incorporates the preceding paragraphs.

13. Defendant discriminated against Plaintiff on the basis of [protected class] in violation of ORC § 4112.02(A).

14. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, and other compensable harm.

V. Count II — Retaliation in Violation of ORC § 4112.02(I) [if applicable]

15. Plaintiff incorporates the preceding paragraphs.

16. Plaintiff engaged in protected activity by [________________________________].

17. Defendant retaliated against Plaintiff by [________________________________].

VI. Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant for:

a. Back pay, front pay, and lost benefits;
b. Compensatory damages (subject to ORC § 2315.18 caps);
c. Punitive damages (subject to ORC § 2315.21 caps);
d. Reinstatement or front pay in lieu thereof;
e. Reasonable attorneys' fees and costs under ORC § 4112.052(B)(3);
f. Pre-judgment and post-judgment interest;
g. Injunctive and equitable relief; and
h. Such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

Respectfully submitted,

______________________________
[Attorney Name] (#[________])
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

☐ Calendar 2-year OCRC filing deadline from latest discriminatory act
☐ Confirm employer headcount meets 4-employee threshold under ORC § 4112.01(A)(2)
☐ Identify all protected classes under ORC § 4112.02(A) and § 4112.14
☐ Preserve evidence (emails, texts, performance reviews, pay records, comparator data)
☐ Determine whether suit will seek damages (exhaustion required) or only injunctive relief
☐ Evaluate dual-filing strategy with EEOC for Title VII / ADA / ADEA overlap
☐ Draft and notarize OCRC charge (or EEOC Form 5 cross-designated)
☐ File via OCRC portal, mail, or regional office
☐ Calendar 60-day window after charge filing for early right-to-sue request under ORC § 4112.051(N)
☐ Calendar 2-year civil-suit SOL (tolled during OCRC pendency)
☐ Confirm venue under Ohio Civ. R. 3(C)
☐ Assess damages caps under ORC § 2315.18 and § 2315.21
☐ Evaluate Faragher-Ellerth defense exposure (ORC § 4112.054) — confirm complaint mechanism and reporting history
☐ Confirm individual supervisor exposure (limited under ORC § 4112.08(A))
☐ Prepare jury demand
☐ Issue litigation hold to client; preservation demand to employer

Sources and References

• ORC Chapter 4112: https://codes.ohio.gov/ohio-revised-code/chapter-4112
• ORC § 4112.051 (OCRC procedure): https://codes.ohio.gov/ohio-revised-code/section-4112.051
• ORC § 4112.052 (Civil action; exhaustion): https://codes.ohio.gov/ohio-revised-code/section-4112.052
• ORC § 4112.02 (Unlawful discriminatory practices): https://codes.ohio.gov/ohio-revised-code/section-4112.02
• Ohio Civil Rights Commission: https://crc.ohio.gov/
• OCRC Filing a Charge: https://crc.ohio.gov/about-us/filing-a-charge
• Ohio H.B. 352 (Employment Law Uniformity Act, eff. Apr. 15, 2021): https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-352
• EEOC — How to File a Charge: https://www.eeoc.gov/how-file-charge-employment-discrimination
• Plumbers & Steamfitters Joint Apprenticeship Comm. v. Ohio Civ. Rights Comm'n, 66 Ohio St. 2d 192 (1981) (McDonnell Douglas adopted in Ohio)
• Faragher v. City of Boca Raton, 524 U.S. 775 (1998); Burlington Indus. v. Ellerth, 524 U.S. 742 (1998) (codified at ORC § 4112.054)