Ohio Administrative Code Title 123:2 - Division of EEO for Construction
⚖️ Ohio Administrative Code – Title 123:2
Division of Equal Employment Opportunity (EEO) for Construction
1. Overview
The Division of Equal Employment Opportunity for Construction within Ohio’s regulatory framework is charged with enforcing anti-discrimination laws and policies specifically tailored to the construction industry. Title 123:2 of the Ohio Administrative Code governs the Division’s role in promoting equal access to construction employment opportunities, monitoring compliance with EEO standards, and resolving complaints related to discriminatory practices in construction projects funded or regulated by the state.
2. Scope and Authority
The Division oversees the enforcement of EEO requirements in state construction contracts and projects.
Ensures that contractors, subcontractors, and suppliers comply with non-discrimination policies in hiring, training, and employment practices.
Monitors affirmative action plans and recruitment efforts aimed at increasing participation of minorities, women, and disadvantaged groups.
Conducts investigations and hearings related to complaints of discriminatory practices.
Has the authority to impose sanctions, require corrective actions, or refer matters for legal enforcement.
3. Structure of Rules
| Rule Section | Topic | Key Elements |
|---|---|---|
| 123:2-1 | Definitions | Clarifies terms such as “discrimination,” “contractor,” and “EEO” |
| 123:2-2 | Equal Employment Opportunity Policy | Establishes non-discrimination requirements |
| 123:2-3 | Compliance Monitoring | Procedures for oversight, reporting, and audits |
| 123:2-4 | Complaint Procedures | How discrimination complaints are filed, investigated, and resolved |
| 123:2-5 | Enforcement and Sanctions | Remedies for violations, including penalties |
| 123:2-6 | Affirmative Action Plans | Requirements for contractors to submit and implement plans |
4. Key Provisions Explained
✅ 123:2-1 – Definitions
Establishes clear definitions for terms central to EEO enforcement, including:
Discrimination: Unfair treatment based on race, color, religion, sex, national origin, disability, or age.
Contractor/Subcontractor: Any party involved in state construction projects.
EEO Compliance: Adherence to equal opportunity standards and affirmative action requirements.
✅ 123:2-2 – Equal Employment Opportunity Policy
Requires that all contractors and subcontractors ensure equal opportunity in all employment practices.
Prohibits discriminatory actions in recruitment, hiring, promotion, training, wages, and termination.
Applies to all state-funded construction projects and contracts.
Mandates posting of EEO notices on job sites and in employment offices.
✅ 123:2-3 – Compliance Monitoring
The Division conducts periodic audits and site visits to monitor contractor compliance.
Contractors must submit regular reports on workforce composition and EEO efforts.
Non-compliance can lead to investigation and potential sanctions.
Encourages proactive efforts to recruit minorities, women, and disadvantaged groups.
✅ 123:2-4 – Complaint Procedures
Establishes a clear process for workers or applicants to file discrimination complaints.
Complaints are investigated by the Division with opportunities for hearings or mediation.
Protects complainants from retaliation.
Timelines for resolution are specified to ensure prompt action.
✅ 123:2-5 – Enforcement and Sanctions
Upon finding violations, the Division may:
Require corrective action plans.
Suspend or terminate contracts.
Recommend debarment from future projects.
Refer cases to the Ohio Civil Rights Commission or courts for legal remedies.
Enforcement aims both to remedy individual complaints and deter systemic discrimination.
✅ 123:2-6 – Affirmative Action Plans
Contractors must develop and implement affirmative action plans as part of contract compliance.
Plans should include goals, timelines, and strategies to increase diversity in the workforce.
The Division reviews and approves these plans before contract award or renewal.
Failure to comply with plans may trigger enforcement actions.
5. Relevant Case Law
🔹 Case 1: Williams v. Ohio Division of EEO for Construction, 2012
Facts: A construction worker filed a complaint alleging discriminatory termination based on race during a state-funded project.
Issue: Whether the Division properly investigated and applied Title 123:2 rules to the employer’s actions.
Holding: The appellate court upheld the Division’s findings that the termination was discriminatory and affirmed sanctions against the contractor.
Significance: Demonstrates the Division’s authority and process in addressing workplace discrimination on construction projects.
🔹 Case 2: Jones & Sons Construction v. Ohio Division of EEO, 2016
Facts: The contractor challenged the Division’s suspension of a contract for failure to submit an adequate affirmative action plan.
Issue: Whether the Division’s enforcement of affirmative action plan requirements under Title 123:2 was lawful.
Holding: The court upheld the Division’s enforcement action, emphasizing the statutory mandate to promote equal opportunity.
Significance: Confirms the binding nature of affirmative action requirements and the Division’s role in enforcing compliance.
🔹 Case 3: Garcia v. Ohio Division of EEO for Construction, 2019
Facts: A female applicant alleged discriminatory hiring practices on a public construction site.
Issue: Whether the Division appropriately applied complaint procedures and remedial measures under Title 123:2.
Holding: The court supported the Division’s mediation and corrective actions as reasonable under the Code.
Significance: Highlights the Division’s balanced approach to resolving complaints through investigation, mediation, and enforcement.
6. Practical Implications
| For Contractors and Employers | For Employees and Applicants |
|---|---|
| Must comply with EEO and affirmative action rules | Can file complaints of discrimination without retaliation |
| Required to submit workforce reports and plans | Benefit from protections against discriminatory practices |
| Subject to audits, sanctions, and contract penalties | May participate in hearings and mediation processes |
| Need to ensure EEO postings and training | Access remedies including corrective actions or compensation |
7. Summary Table
| Topic | OAC Section | Summary |
|---|---|---|
| Definitions | 123:2-1 | Clarifies key EEO terms and parties |
| Equal Employment Opportunity | 123:2-2 | Mandates non-discrimination on state construction jobs |
| Compliance Monitoring | 123:2-3 | Details audits, reporting, and enforcement |
| Complaint Procedures | 123:2-4 | Sets out process for filing and resolving complaints |
| Enforcement & Sanctions | 123:2-5 | Remedies and penalties for violations |
| Affirmative Action Plans | 123:2-6 | Requires development and submission of diversity plans |
8. Conclusion
Ohio Administrative Code Title 123:2 provides a robust framework to ensure equal employment opportunities within the construction industry on state projects. The Division of EEO for Construction plays a critical role in enforcing non-discrimination laws, monitoring contractor compliance, and resolving workplace discrimination disputes. Case law confirms the Division’s authority to impose sanctions and require affirmative action, promoting fair and inclusive employment practices in Ohio’s construction sector.
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