Ohio Administrative Code|Rule 4112-3-15 | Application for bona fide occupational qualification.

                                                
(A) Application. Any respondent seeking a
		  bona fide occupational qualification (BFOQ) pursuant to division (E) of section
		  4112.02 of the Revised Code must submit a written application to the
		  commission. The application must contain the following:
(1) A list of the
			 specific job classifications which are the subject of the
			 application;
(2) A full statement of
			 the facts giving rise to the application;
(3) A legal memorandum in
			 support of the application containing appropriate citations; and
(4) Supporting evidence,
			 including affidavits and other documentation, which the applicant believes
			 justifies the approval of the application.
(B) Consideration of application. After
		  an application has been submitted in compliance with this rule, the commission
		  may consider the application at a regularly scheduled meeting and
		  either:
(1) Grant or deny the
			 application; or
(2) Refer the application
			 to the commission staff for further investigation; or
(3) Refer the matter to
			 an administrative law judge to conduct a public hearing on the application. The
			 hearing shall be conducted consistent with rule 4112-3-07 of the Administrative
			 Code.
(C) Disposition. Any application that is
		  referred to the commission staff for further investigation or to an
		  administrative law judge for a public hearing shall be considered by the
		  commission at a regularly scheduled meeting as soon as practical after receipt
		  of an investigative report or the administrative law judge's report. The
		  commission may grant or deny the application for a BFOQ after the hearing or
		  further investigation.
(D) Denial of a BFOQ. In the event the
		  commission denies the respondent's application for a BFOQ, a denial shall
		  not preclude the respondent from asserting a BFOQ as a defense to a charge of
		  discrimination at any subsequent public hearing concerning the issues regarding
		  which the application for a BFOQ was sought.
(E) Denial of a BFOQ is not appealable.
		  The commission's denial of a request for a BFOQ, pursuant to this rule,
		  shall not be deemed to be a final appealable order of the
		  commission.
(F) Expiration of a BFOQ. Any BFOQ
		  granted pursuant to this rule shall expire after two years, unless the
		  respondent has applied for and been granted an extension by the
		  commission.