Ohio Civil Rights Commission (OCRC) Charge of Discrimination

CHARGE OF DISCRIMINATION — OHIO CIVIL RIGHTS COMMISSION

TABLE OF CONTENTS

1. Filing Information
2. Charging Party (Complainant) Information
3. Respondent Information
4. Protected Class(es) and Type of Discrimination
5. Date(s) of Alleged Unlawful Discriminatory Practice
6. Statement of Particulars (Narrative of Discrimination)
7. Relief Requested
8. Dual-Filing Request (EEOC Work-Sharing)
9. Verification and Oath
10. Notice and Acknowledgments
11. Cover Letter to OCRC
12. Filing Checklist
13. Ohio Practice Notes — H.B. 352 and OCRC Procedure
14. Sources and References

1. FILING INFORMATION

OHIO CIVIL RIGHTS COMMISSION

Central Office: Rhodes State Office Tower, 30 East Broad Street, 5th Floor, Columbus, OH 43215

Phone: (614) 466-2785

Toll-Free: 1-800-278-7101

Online Filing: https://civ.ohio.gov/

Regional Offices: Akron · Cincinnati · Cleveland · Columbus · Dayton · Toledo

2. CHARGING PARTY (COMPLAINANT) INFORMATION

3. RESPONDENT INFORMATION

Additional Individual Respondent (retaliation only):

4. PROTECTED CLASS(ES) AND TYPE OF DISCRIMINATION

I believe I was discriminated against because of (check all that apply):

☐ Race (specify): [___________________]

☐ Color (specify): [___________________]

☐ Religion (specify): [___________________]

☐ Sex (including pregnancy, childbirth, related medical conditions, and Bostock-aligned sex-stereotyping/SO/GI theory)

☐ National Origin (specify): [___________________]

☐ Ancestry (specify): [___________________]

☐ Disability (specify diagnosis or record/regarded-as theory): [___________________]

☐ Age (40 or older — specify date of birth): [__/__/____]

☐ Military Status (active duty, reserve, National Guard, or veteran)

☐ Retaliation for protected activity under R.C. § 4112.02(I)

☐ Genetic Information (cross-filed under GINA — federal only)

The discrimination consisted of (check all that apply):

☐ Discharge / Termination

☐ Constructive Discharge

☐ Failure to Hire

☐ Failure to Promote

☐ Demotion

☐ Discipline / Write-Up

☐ Harassment / Hostile Work Environment

☐ Denial of Reasonable Accommodation (Disability / Religion / Pregnancy)

☐ Unequal Terms or Conditions of Employment

☐ Unequal Pay / Compensation

☐ Failure to Provide Benefits

☐ Schedule / Shift Discrimination

☐ Reduction in Hours

☐ Retaliation for opposing discrimination or filing/participating in a charge

☐ Other (specify): [________________________________]

5. DATE(S) OF ALLEGED UNLAWFUL DISCRIMINATORY PRACTICE

This Charge is timely filed within two (2) years of the most recent unlawful discriminatory practice as required by R.C. § 4112.05(B)(1).

6. STATEMENT OF PARTICULARS (NARRATIVE OF DISCRIMINATION)

I, [CHARGING PARTY NAME], allege the following acts of unlawful discrimination by Respondent:

Background:

6.1. I was hired by Respondent on [__/__/____] as a [POSITION]. I am a member of the following protected class(es): [describe]. At all relevant times I performed my job duties satisfactorily, as evidenced by [performance reviews, raises, commendations].

Discriminatory Conduct:

6.2. Beginning on or about [__/__/____], I was subjected to the following adverse and disparate treatment because of my protected class:

• On [__/__/____], [Decisionmaker name and title] [describe action].
• On [__/__/____], [Decisionmaker name and title] [describe action].
• On [__/__/____], [Decisionmaker name and title] [describe action].

6.3. Similarly situated employees outside my protected class were treated more favorably under materially similar circumstances. Specifically: [describe comparators by initials, role, conduct, and treatment].

Reasonable Accommodation (if applicable):

6.4. [For disability:] I have a disability, namely [diagnosis], which substantially limits the major life activity of [activity]. On [__/__/____] I requested the following reasonable accommodation: [describe]. Respondent [denied / failed to engage in interactive process / retaliated].

6.5. [For religion:] I requested a religious accommodation for [describe practice] on [__/__/____]. Respondent denied the request without showing undue hardship.

6.6. [For pregnancy:] I disclosed my pregnancy on [__/__/____]. Within [NUMBER] days, [describe adverse action].

Internal Complaints and Protected Activity:

6.7. On [__/__/____], I complained to [HR / supervisor / hotline / EEO officer] about the discriminatory treatment described above. I thereby engaged in protected activity under R.C. § 4112.02(I).

Retaliation:

6.8. Within [NUMBER] days of my protected activity, [Decisionmaker name and title] retaliated against me by [describe — termination, demotion, schedule change, write-up, hostile environment escalation]. The temporal proximity, plus [describe additional indicia of causation], establishes a causal link.

Adverse Final Action:

6.9. On [__/__/____], Respondent [terminated my employment / forced me to resign through intolerable working conditions / demoted me], ending or materially altering my employment.

Pretext:

6.10. Respondent's stated reasons for the adverse actions are pretextual because [shifting reasons / departure from policy / similarly situated comparators / direct evidence / falsity of stated reason].

Damages:

6.11. As a direct result of Respondent's unlawful conduct, I have suffered lost wages and benefits in the approximate amount of [$AMOUNT], emotional distress, mental anguish, damage to professional reputation, and other harm.

I believe Respondent's actions violate R.C. § 4112.02 of the Ohio Revised Code and parallel federal law, including [Title VII / 42 U.S.C. § 1981 / ADA / ADEA / PWFA].

7. RELIEF REQUESTED

I request that the Ohio Civil Rights Commission investigate this Charge and pursue all available relief, including:

☐ Cease-and-desist order against Respondent

☐ Reinstatement to my prior position with full seniority and benefits

☐ Back pay with interest

☐ Front pay (if reinstatement is not feasible)

☐ Compensatory damages for emotional distress and out-of-pocket losses

☐ Punitive damages (where authorized)

☐ Reasonable accommodation

☐ Posting of notice of OCRA rights at Respondent's worksite

☐ Training of Respondent's managers and HR personnel on R.C. Chapter 4112

☐ Issuance of a Right-to-Sue Notice to permit civil action under R.C. § 4112.052

☐ Other: [________________________________]

8. DUAL-FILING REQUEST (EEOC WORK-SHARING)

Pursuant to the OCRC/EEOC Worksharing Agreement and 29 C.F.R. § 1601.13, I hereby request that this Charge be dual-filed with the United States Equal Employment Opportunity Commission to preserve my rights under:

☐ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

☐ Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

☐ Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.

☐ Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq.

☐ Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.

☐ Equal Pay Act, 29 U.S.C. § 206(d)

I understand that the federal filing deadline in Ohio is 300 days from the most recent unlawful practice and that this Charge is timely under both state and federal law.

9. VERIFICATION AND OATH

STATE OF OHIO

COUNTY OF [COUNTY]

I, [CHARGING PARTY NAME], being first duly sworn, depose and say:

1. I am the Charging Party named in this Charge of Discrimination.

2. I have read the foregoing Charge and the Statement of Particulars.

3. The factual allegations contained therein are true and correct to the best of my own personal knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

4. I understand this Charge is filed under oath as required by R.C. § 4112.05(B)(1) and that knowingly false statements may be punishable as perjury under R.C. § 2921.11.

[________________________________]

[CHARGING PARTY NAME]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Ohio

(My Commission Expires: [_______________])

10. NOTICE AND ACKNOWLEDGMENTS

By filing this Charge, I acknowledge that:

10.1. The Charge will be served upon Respondent by the OCRC.

10.2. The OCRC will conduct a preliminary investigation under R.C. § 4112.05(B)(2), which may include written discovery, on-site fact-finding, and witness interviews.

10.3. The OCRC may attempt informal conciliation under R.C. § 4112.05(B)(5) and may use alternative dispute resolution.

10.4. If the OCRC issues a "probable cause" determination, I will be notified of my right to (a) elect to file a civil action under R.C. § 4112.052 within the statutory window, or (b) proceed with an OCRC formal hearing.

10.5. The two-year statute of limitations on a civil action under R.C. § 4112.052(B)(1) is tolled while this Charge is pending; if I filed within sixty (60) days of the SOL deadline, an additional sixty-day cushion runs after the Charge is no longer pending.

10.6. I have a duty to cooperate with the OCRC investigation and to update my contact information.

10.7. Retaliation for filing this Charge is independently unlawful under R.C. § 4112.02(I) and federal anti-retaliation provisions.

[________________________________]

[CHARGING PARTY NAME] — Date: [__/__/____]

11. COVER LETTER TO OCRC

[DATE]

Ohio Civil Rights Commission

Intake Unit

30 East Broad Street, 5th Floor

Columbus, OH 43215

(or applicable Regional Office)

Re: Charge of Discrimination — [CHARGING PARTY NAME] v. [RESPONDENT NAME]

Dear OCRC Intake Officer:

Enclosed please find a sworn Charge of Discrimination filed under R.C. § 4112.05 alleging unlawful discriminatory practices and retaliation by [RESPONDENT NAME] in violation of R.C. § 4112.02. The Charge is filed within the two-year window established by R.C. § 4112.05(B)(1) (as amended by 2021 Am. Sub. H.B. 352) and is requested to be dual-filed with the EEOC under the Worksharing Agreement.

Please confirm receipt and assignment of an OCRC Charge Number, and direct further correspondence to [CHARGING PARTY / COUNSEL] at the contact information below.

Enclosures:

☐ Sworn Charge of Discrimination

☐ Supporting documentation (personnel file, communications, comparator data, medical records, internal complaints)

☐ Authorization for representation (if filed by counsel)

☐ Copy of EEOC Form 5 (if separately submitted)

Sincerely,

[________________________________]

[CHARGING PARTY / ATTORNEY NAME]

Telephone: [NUMBER] · Email: [EMAIL]

12. FILING CHECKLIST

☐ Charge is in writing and signed under oath (notarized).

☐ Charge filed within two (2) years of the most recent unlawful practice (R.C. § 4112.05(B)(1)).

☐ Respondent identified by full legal name and statutory-agent address.

☐ Employer threshold (4+ employees) confirmed; alleged in narrative.

☐ Protected class(es) identified with specificity.

☐ Each adverse action is dated and tied to a decisionmaker.

☐ Comparator evidence pleaded where available.

☐ Internal complaints and protected activity documented.

☐ Dual-filing with EEOC requested if seeking to preserve federal claims.

☐ Reasonable-accommodation request and denial pleaded (disability/religion/pregnancy cases).

☐ Litigation hold issued to preserve email, ESI, video, badge data, and personnel files.

☐ Charging Party advised of two-year civil-action SOL under R.C. § 4112.052(B)(1) and tolling rules.

☐ Charging Party advised that individual liability under Chapter 4112 is limited to retaliation.

☐ Counsel reviewed Charge before filing (recommended).

☐ Copies retained for Charging Party and counsel files.

13. OHIO PRACTICE NOTES — H.B. 352 AND OCRC PROCEDURE

• Two-year filing deadline. Effective April 15, 2021, R.C. § 4112.05(B)(1) requires that the OCRC charge be filed within two (2) years of the alleged unlawful practice. Prior six-month/180-day deadlines are superseded for claims accruing on or after that date.
• Mandatory exhaustion. R.C. § 4112.052(B)(2) makes an OCRC charge a prerequisite to any civil action on an employment-based Chapter 4112 claim. Filing this Charge satisfies that prerequisite.
• Tolling of civil-action SOL. While the OCRC charge is pending, the two-year civil-action SOL is tolled. R.C. § 4112.052(B)(1). If the charge was filed within 60 days of the deadline, an additional 60-day cushion runs after the OCRC charge is no longer pending.
• Individual liability eliminated except for retaliation. R.C. § 4112.052(A)(2). Genaro v. Cent. Transp., Inc., 84 Ohio St. 3d 293 (1999), is superseded as to non-retaliation claims.
• Age discrimination. R.C. § 4112.051 unifies age procedure with the rest of Chapter 4112; the prior election-of-remedies trap (which forced age plaintiffs to choose between OCRC and court at the time of filing) is replaced.
• Employer threshold. Four (4) or more employees in Ohio. R.C. § 4112.01(A)(2). For employers below 15 (Title VII threshold), OCRA is the only statutory employment remedy.
• Protected classes. R.C. § 4112.02 lists race, color, religion, sex, military status, national origin, disability, age (40+), and ancestry. Sexual orientation and gender identity are not enumerated; rely on Bostock-aligned "sex" theory and applicable municipal ordinance.
• OCRC offices and intake. Central Office: 30 E. Broad St., 5th Floor, Columbus, OH 43215, (614) 466-2785. Regional offices in Akron, Cincinnati, Cleveland, Columbus, Dayton, Toledo. Statewide toll-free: 1-800-278-7101. Online filing at https://civ.ohio.gov/. Walk-in intake by appointment as of February 13, 2023.
• Investigation timeline. OCRC typically issues a probable-cause determination within approximately 100–365 days. Charging Party can request a right-to-sue or withdraw to court under § 4112.052.
• Conciliation. R.C. § 4112.05(B)(5) requires the OCRC to attempt informal conciliation upon a probable-cause finding before convening a formal hearing. Settlement is a routine outcome.
• Right to sue. Under § 4112.052(B)(2), a complainant may file a civil action after receiving a no-probable-cause finding, after the OCRC dismisses or closes the charge, or after a probable-cause finding by election in lieu of administrative hearing.
• EEOC dual-filing. Charges are dual-filed automatically under the Worksharing Agreement. Federal SOL in Ohio (a deferral state) is 300 days for Title VII/ADA/ADEA/PWFA/GINA.
• Retaliation protection. R.C. § 4112.02(I) independently prohibits retaliation against any person who files a charge, opposes discrimination, or participates in an OCRC investigation.
• Confidentiality. OCRC investigative files are generally not public during the investigation, but Charging Party's identity is disclosed to Respondent upon service.

14. SOURCES AND REFERENCES

• Ohio Civil Rights Commission — https://civ.ohio.gov/
• OCRC Charge Filing Information — https://civ.ohio.gov/file-a-charge
• Ohio Revised Code Chapter 4112 — https://codes.ohio.gov/ohio-revised-code/chapter-4112
• R.C. § 4112.02 (Unlawful discriminatory practices) — https://codes.ohio.gov/ohio-revised-code/section-4112.02
• R.C. § 4112.05 (Charge filing, investigation, hearing) — https://codes.ohio.gov/ohio-revised-code/section-4112.05
• R.C. § 4112.051 (Age discrimination — unified procedure) — https://codes.ohio.gov/ohio-revised-code/section-4112.051
• R.C. § 4112.052 (Civil action — exhaustion, SOL) — https://codes.ohio.gov/ohio-revised-code/section-4112.052
• 2021 Am. Sub. H.B. 352 (Employment Law Uniformity Act) — https://www.legislature.ohio.gov/legislation/133/hb352
• Ohio Administrative Code 4112-3 (OCRC Procedural Rules) — https://codes.ohio.gov/ohio-administrative-code/chapter-4112-3
• EEOC — https://www.eeoc.gov/
• EEOC Public Portal (cross-filing) — https://publicportal.eeoc.gov/portal/
• Bostock v. Clayton County, 590 U.S. 644 (2020) (sex includes SO/GI under Title VII)
• Plumbers & Steamfitters Joint Apprenticeship Comm. v. OCRC, 66 Ohio St. 2d 192 (1981)
• National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Ohio should review and customize this Charge before filing. Filing deadlines under R.C. Chapter 4112 are jurisdictional; missing the two-year window will generally extinguish state-law rights, and the federal 300-day deadline runs independently. Statements in the Charge are made under oath and may be used in subsequent litigation.