introduction to the eeo strategic plan - Ohio Bureau of Workers ...

OHIO BUREAU OF
WORKERS’
COMPENSATION
2011 EEO
Strategic Plan
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TABLE OF CONTENTS
QUESTIONNAIRRE
SECTION A: AGENCY OFFICALS REPSONISBLE FOR EEO PROGRAMMING………………………........................................
SECTION B: AGENCY EEO MISSION AND VISION…………………………………………………………...............................
SECTION C: EEO POLICY…………………………………………………………………………………………............................
SECTION D: DISCRIMINATION COMPLAINT MANAGEMENT…………………..............................................................................
SECTION E: DIVERSITY RECRUITMENT STRATEGIES…………………………………..................................................................
SECTION F: EEO SELECTION QULAIFICATIOJNS AND DESCRIPTIONS………………………………..................................
SECTION G: EEO PLACE ORIENTATION AND PERFORMANCE…………………………………………...............................
SECTION H: EEO TRAINING STRATEGIES……………………………………………………………………..............................
SECTION I: EEO DISCIPLINE STRATEGIES…………………………………………………..............................................................
SECTION J: EMPLOYEES SEPERATION AND EXIT INTERVIEW STRATEGIES……………………….....................................
SECTION K: AGENCY MONITORING AND LEADERSHIP COMPLIANCE…………………………………………………
SECTION L: EEO WORKFORCE………………………………………………………………………………………………
SECTION M: DIVERSITY INITIATIVES …………………………………………………………………………………………..
SECTION N: ADA SELF EVALAUTION AND RESONALBE ACCOMODATION……………………………………………..
EEO ATTACHMENTS
ATTACHEMENT A: AGENCY OVERVIEW………………………………………………………………………………………
ATTACHEMENT B: AGENCY EEO INFORMATION AND DISCRIMINATION COMPLAINT MANAGEMENT………….
ATTACHEMENT C: DIVERSITY RECRUITMENT/OUTREACH AND LITERATURE INFORMATION…………………
ATTACHEMENT D: EEO SELECTION QUALIFICATIONS AND POSITION DESCRIPTION INFORMATION………….
ATTACHEMENT E: EEO PLACEMENT/ORIENTATION AND PERFORMANCE EVALUATIONS……………………….
ATTACHEMENT F: EEO DISCIPLINE AND SEPARATION STRATEGIES…………………………………………………
ATTACHEMENT G: EEO PROGRAM MONITORING/LEADERSHIP /CORRECTIVE ACTION …………………………...
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ATTACHEMENT H: DIVERSITY INATIATIVES ………………………………………………………………………………
ATTACHEMENT I: ADA SELF-EVALUATION AND REASONABLE ACCOMODATON PROCESS
INFORMATION……………………………………………………………………………………………………………………
2011
EEOSP
QUESTIONNAIRRE
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SECTION A: AGENCY OFFICIALS RESPONSIBLE FOR EEO PROGRAMMING
Please provide information about the agency officials who have oversight and or direct responsibility for the
operation of the Equal Employment Opportunity (EEO) program. Please provide the name, title, address,
telephone number and e-mail for the following:
• Agency Appointing Authority
• Agency Human Resources Director
• Agency EEO Program Manager
• ADA Program Representative
1. Agency Appointing Authority 2. Agency Human Resources Director
Name: Stephen Buehrer
Title: Administrator/CEO
Name: Toni Brokaw
Title: Chief of Human Resources
Address: 30 W. Spring Street, L-29
Address: 30 W. Spring Street, L-28
Columbus, OH 43215
Columbus, OH 43215
Telephone: (614) 466-5223 Telephone: (614) 644-6045
E-Mail Address: Stephen.B.1@bwc.state.oh.us
E-Mail Address: Tondra.B.1@bwc.state.oh.us
3. EEO Program Manager 4. ADA Program Representative
Name: Sheri Fitzpatrick
Title: EEO Manager
Name: Sheri Fitzpatrick
Title: EEO Manager
Address: 30 W. Spring Street, L-28
Address: 30 W. Spring Street, L-28
Columbus, OH 43215
Columbus, OH 43215
Telephone: (614) 728-9537 Telephone: (614) 728-9537
E-Mail Address: Sheri.F.1@bwc.state.oh.us
E-Mail Address: Sheri.F.1@bwc.state.oh.us
EEO Program website link:
http://bwcweb/Divisions/HR/EEO/Pages/EEO.aspx
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SECTION B: AGENCY OVERVIEW EEO PROGRAM MISSION AND VISION
Please provide a mission and vision statement about the agency EEO Program.
• Agency EEO Mission Statement
To oversee and monitor compliance of all applicable state and federal laws, rules and regulations as they relate
to non-discrimination in employment. To ensure that all employees and applicants have equal opportunity at
BWC.
• Agency EEO Vision Statement – “Our vision is to promote an environment where everyone
feels valued and is treated with dignity and respect”.
SECTION C: EEO POLICY
1. Has your EEO Policy been revised to reflect Executive Order 2011-05K?
Yes _X____ No ________
Please explain: BWC’s EEO Policy and EEO training materials have been revised to reflect Executive
Order 2011-05K.
2. Are all EEO-related policies current?
Yes _X______ No ________
Please explain. Effective September 1, 2011, all EEO policies have been updated and signed by BWC’s
Administrator/CEO.
3. Have all agency employees received a copy of the current EEO policy?
Yes _X______ No ________
Please explain: BWC’s current EEO policy is included in the Employee Handbook which can be found
on-line.
4. Have newly promoted and current supervisors received a copy of the EEO policy?
Yes __X_____ No ________
Please explain: BWC’s EEO Policy is included in the Employee Handbook which can be found on-line
and is also included in the training materials that newly hired or promoted supervisors receive.
5. If supervisors have been identified in your EEO policy as a “go to” person, have they been trained in
their role in the discrimination complaint process?
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Yes __X_____ No ________
Please explain: The EEO policy outlines the investigative procedures for supervisors to follow if a
complaint is brought to their attention.
6. What is the role of supervisors in the EEO process at this agency?
Please explain.
To report any incident of harassment or discrimination to the EEO Department within twenty-four (24)
hours once they have been made aware of the incident.
SECTION D: DISCRIMINATION COMPLAINT MANAGEMENT:
7. Does your agency have more than one official who handles EEO complaints?
Yes __X______ No ________
Please explain. On rare occasions, a Labor Relations Officer who was previously employed as an EEO
Officer has helped out on an EEO investigation when the EEO Manager was busy working on another
matter or on vacation.
8. Has each EEO official who is handling complaints at your agency received an “EEO Orientation”
training from DAS/EOD?
Yes __X_____ No ________
Please explain. The EEO Manager has attended EEO Orientation training from DAS/EOD and
regularly attends the EEO Academy classes.
9. Does your agency use a discrimination complaint form other than the DAS/EOD ADM 4400?
Yes ________ No __X______
Please explain. BWC utilizes the ADM 4400 and it is located on the EEO Department’s web page.
10. What are your methods for documentation when counseling an employee (for purposes of discussing a
discriminatory issue)?
Please explain. When the EEO Manager meets with an employee to discuss a possible discriminatory
issue, if it appears to be EEO related, the employee is instructed to fill out the ADM 4400. If the issue is
not EEO related, the employee is told to contact their supervisor and/or union steward to help resolve
the situation.
11. Does someone other than the agency EEO official conduct investigations for allegations of
discrimination?
Yes ________ No ___X_____
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Please explain. The EEO Manager is responsible for investigating EEO complaints.
12. Has this agency been able to maintain timelines throughout the complaint process?
Yes __X______ No ________
Please explain. Our goal is to have EEO investigations completed within thirty (30) days.
13. Does this agency submit a discrimination complaint summary report on a monthly basis to DAS/EOD?
Yes __X_____ No ________
Please explain. All internal complaints and external complaints filed with the Ohio Civil Rights
Commission or Equal Employment Opportunity Commission are included on the monthly report
submitted to EOD.
14. Does your agency submit all “internal” complaints to DAS/EOD?
Yes __X______ No ________
Please explain. All “internal” complaints are listed on the monthly report that is submitted to EOD.
15. Does this agency provide on the monthly summary all non-jurisdictional allegations of discrimination,
rejected complaints, discriminatory harassment and/or retaliation to DAS/EOD?
Yes __X____ No ________
Please explain. All discriminatory harassment and/or retaliation complaints filed with BWC’s EEO
Department are included on the monthly report submitted to EOD. The EEO Department does not
reject complaints. Any calls regarding non-jurisdictional concerns are referred to the employee’s chain of
command, union representative or BWC’s Employee and Labor Relations Department for resolution.
16. Are there persons available who have been trained at this agency in dispute resolution mediation
involving allegations of discrimination?
Yes __X______ No ________
Please explain. The EEO Manager successfully completed Conflict Management Awareness Training
sponsored by the Ohio Department of Administrative Services (EOD) and the Ohio Commission on
Dispute Resolution and Conflict Management.
17. Have all employees been made aware of the internal discrimination complaint process?
Yes __X______ No ________
Please explain. The EEO Manager covers this topic at new employee orientation and in the Management
Partnership Training class.
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18. Have all employees been informed about penalties for being found to perpetrate discriminatory behavior?
Yes __X_____ No ________
Please explain. This topic is covered at new employee orientation and was included in the mandatory
EEO and Diversity training class that employees attended in 2009 and 2010.
19. How are employees made aware of the discrimination complaint process?
Please explain. This topic is covered at new employee orientation and in training classes. The link to the
web sites for EOD, OCRC and EEOC are also listed on the EEO Department’s web page.
20. Do all employees have access to the ADM 4400 DAS/EEO discrimination complaint form?
Yes __X_____ No ________
Please explain. As stated previously, the ADM 4400 is on line and located on the EEO Department’s
web page.
21. Has the agency prominently posted “current” EEO-related information at all agency facilities?
Yes __X______ No ________
Please explain. BWC’s EEO Policies are included in the Employee Handbook and Federal posters are
prominently displayed at all BWC facilities.
22. Is EEO information posted at satellite locations consistent with information at the agency’s Central
Office?
Yes __X______ No ________
Please explain. Federal posters covering the anti-discrimination laws are prominently displayed at all
BWC facilities. In addition, BWC’s policies are disseminated to all employees via the Employee
Handbook and on the EEO Department’s web page.
SECTION E: DIVERSITY RECRUITMENT STRATEGIES
23. Has your agency established and/or maintained partnerships with various professional and educational
organizations for diversity recruitment?
Yes __X______ No ________
Please explain. BWC will work with DAS on recruitment initiatives, utilize the outreach resources outline
in Attachment C, and the agency has established partnerships with universities, colleges, technical and
trade schools to provide on-the-job experience to support students in their educational and professional
endeavors.
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24. Does your agency participate in job fairs, college fairs or other recruitment opportunities that target
minorities, women and disabled persons?
Yes __X______ No ________
Please explain. BWC would participate in these recruitment opportunities if given the opportunity to
recruit and fill positions for which external candidates would be needed. However, due to the OBM
initiated hiring freezes over the past several fiscal years, BWC has performed minimal recruitment
activities. Additionally, our organization has continued to attrite staffing from a headcount of 2, 564 at
the beginning of FY 2008 (July 2007) to 2, 047 at the end of FY 2011 (June 2011).
25. Does your agency maintain a current list of minority, women, disabled persons and veterans’ recruitment
sources?
Yes __X______ No ________
Please explain. Also, internet searches would be conducted to identify recruitment sources.
26. Does your agency utilize an internal employment application form other than the standard DAS
application?
Yes ________ No __X______
Please explain. BWC utilizes the On-Line Employment Application Process (OLEAP) administered by
the State of Ohio.
27. Has the language in your publications been screened to ensure that non-discriminatory and non-sexist
language is used?
Yes __X______ No ________
Please explain. BWC lists a statement on the OLEAP postings and in our advertisements that we are an
Equal Opportunity Employer.
SECTION F: EEO SELECTION QUALIFICATIONS AND POSITION DESCRIPTIONS
28. Do all the agency employment qualifications meet federal validation standards?
Yes __X______ No ________
Please explain. Minimum qualifications are contained in the State of Ohio’s classification specifications
maintained / approved by DAS. DAS validates minimum qualifications prior to the job classifications
being adopted.
29. Are the minimum qualifications developed by DAS used for all classifications?
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Yes __X______ No ________
Please explain. Please see response to question #30
30. Has your agency developed its own qualifications for any positions and if so, for what positions?
Yes __X______ No ________
Please explain. Some positions may contain Position Specific Minimum Qualifications (PSMQ). PSMQs
may be added to a position if the job analysis process indicates that additional education, experience or
training is needed for a specific position. Tom Sidick, BWC’s Employment Testing Manager works with
the immediate supervisor and subject matter experts on the job analysis process. All supporting
documentation is reviewed and approved by DAS prior to the PSMQ being utilized on the job posting.
31. Are all position descriptions accurate and up-to-date?
Yes __X______ No ________
Please explain. For 95% of BWC’s filled position, the position descriptions are current within 5 years.
32. Does your agency post all vacancies (externally, internally and/or via the internet)?
Yes ________ No _X_______
Please explain. BWC’s Administrator has the authority to appoint unclassified designees at his discretion
without posting/announcing the position. Additionally, the Governor has the authority to appoint
members of BWC’s Board of Directors.
33. Are there any positions excluded from the postings?
Yes __X______ No ________
If yes, show which positions, and explain why they were excluded. As stated previously, BWC’s
Administrator has the authority to appoint unclassified designees at this discretion without
posting/announcing the position. Additionally, the Governor has the authority to appoint members of
BWC’s Board of Directors.
34. Is the staff responsible for screening applications and serving on selection panels trained in bias-free
selection methodologies?
Yes __X______ No ________
Please explain. BWC’s Personnel Officers screen applications but are rarely involved in the
interview/selection process. However, BWC’s Testing Unit works the hiring managers to ensure the
selection process is bias free based upon their selection methodologies. Additionally, the Personnel
Supervisor reviews and approves all recommendations for hire/promotion prior to the action going into
effect.
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35. At what point in the employment process is the EEO data sheet (normally submitted with the
application) separated from the application?
Please explain. With OHMS, for those applicants who choose to complete the voluntary EEO
questionnaire form, only 5 HR staff have access to the information for reporting purposes. Security
access has been limited allowing the EEO Manager to access and report on the information. Also, some
applicants submit paper applications which include a paper EEO questionnaire form. The application is
immediately separated from the EEO form upon receipt. The EEO information would be entered into
OHMS while the application would be provided to HR staff. The EEO questionnaire form or OHMS
EEO information is not available to the employees screening applications.
36. Does the EEO Officer have access to the applicant EEO data sheets?
Yes __X______ No ________
Please explain. Once an application is received in the Personnel Department, the EEO data sheet is
separated and given to the EEO Manager.
37. Is advanced-step hiring used by this agency?
Yes __X______ No ________
Please explain. Where qualifications, education and/or experience exceed the minimum requirements
and/or we experience difficulty recruiting/filling a position, advance step hire may be an option to attract
top candidates. When utilizing advance step placement, BWC follows the DAS Directive HR-D-03.
38. Does the agency use structured employee interview techniques?
Yes _X_______No ________
Please explain. The structured interview is the most common employment selection tool utilized within
BWC. All structured interviews are formatted with standardized instructions and a rating scale for each
question. The goal of the structured interview is to ensure fair and consistent administration across
applicants.
SECTION G: EEO PLACEMENT, ORIENTATION AND PERFORMANCE
39. Are employees provided with a timely, non-discriminatory, honest evaluation of their performance?
Yes _X_______ No ________
Please explain. All bargaining unit employees and exempt staff receive an annual performance evaluation.
40. Are performance evaluations monitored to ensure non-discrimination and timely preparation?
Yes __X______ No ________
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Please explain. Stacie Hart, a HCM Analyst in the Personnel Department is responsible for managing the
OPRS program.
41. Are EEO representatives included in the agency’s new employees’ orientation session?
Yes __X______ No ________
Please explain. The EEO Manager participates at new employee orientation.
42. During new employees’ orientation, have employees been informed about discriminatory behavior that
could result in disciplinary action?
Yes _X_______ No ________
Please explain. During new employee orientation, the EEO Manager explains the role of the EEO
Department and describes the types of complaints that are investigated. The EEO Manager also advises
new hires that it is not permissible for employees to us sexually explicit language, tell racial jokes, make
age related comments or make other inappropriate remarks regarding a person’s national origin, ancestry,
disability, religion …and explain that this conduct is against BWC policy and could lead to disciplinary
action being taken against them.
43. Have supervisors received training about how to conduct performance evaluations in a bias-free manner?
Yes _X_______ No ________
Please explain. The Personnel Department covers this topic during the Leading Your Employees to
Success and Management Partnership training classes which is required of newly hired and/or promoted
supervisors.
SECTION H: EEO TRAINING STRATEGIES
44. Please identify by title the employees responsible for coordinating EEO training opportunities?
The EEO Manager, Training Director and Leadership Development Manager
45. How often is EEO training conducted? Please Explain. Pending operation need. As new employees are
hired by BWC, a new employee orientation class is scheduled. Also, once a new leader is hired or
promoted into a management position, they are scheduled to attend a Management Partnership class. In
addition, in 2009 and 2010, the EEO Manager in conjunction with the Training Department conducted
EEO & Diversity training for all BWC employees.
46. Does someone other than the EEO Officer present EEO training?
Yes ________ No __X______
Please explain. The EEO Manager is responsible for providing EEO training to employees.
47. Does your agency collect EEO data on trainees?
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Yes ________ No ___X_____
Please explain. BWC only requires an employee to list their name and/or ID number while enrolling in a
training class.
48. Please explain measures taken to provide EEO training and information about the discrimination
complaint process to central office and the satellite locations.
BWC’s EEO Policy Statement, Anti-Harassment Policy and Americans with Disabilities Act Policy along
with the ADM 4400 is located on the EEO Department’s web page and can be accessed via BWC Web. In
addition, all BWC employees were required to attend a mandatory EEO and Diversity training session in
2009 or 2010.
49. Please identify the percentage of employees and supervisors that still need EEO training.
• Employees 0% - All BWC employees have received EEO and Diversity training.
• Supervisors 0% - All BWC supervisors have received EEO and Diversity training.
50. Please provide a timeframe for when the training will be completed for each group.
• Employees Not applicable
• Supervisors Not applicable
51. Does your agency provide evaluations for the EEO training session(s)?
Yes __X______ No ________
Please explain. BWC’s Learning Management System sends out evaluations to employees who enrolled
in a training class.
52. Does the agency provide EEO training in the area of Title VII of the Civil Rights Act 1964 as amended,
ADEA, ADA, USERRA, Gubernatorial Executive Order 2011-5K, and Military Status (past, present and
future)?
Yes __X______ No ________
Please explain. The above topics are covered at new employee orientation and in the Management
Partnership training class.
53. Does the agency provide EEO training about employment discrimination, discriminatory harassment
and retaliation?
Yes __X______ No ________
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Please explain. The above topics are covered at new employee orientation and in the Management
Partnership training class. It was also covered in depth at the mandatory EEO/Diversity training class
that all employees were required to attend in 2009 and 2010.
54. Does the agency provide EEO training regarding the internal/external discrimination complaint
processes and the right to dual file with OCRC/EEOC and EOD?
Yes __X______ No ________
Please explain. The DAS/EOD ADM 4400 form is reviewed at new employee orientation. Employees are
also informed that they have a right to file an external complaint with OCRC/EEOC and are also advised of
the time frame for filing a complaint.
SECTION I: EEO DISCIPLINE STRATEGIES
55. Does your agency have a written disciplinary policy and/or procedure?
Yes __X______ No ________
Please explain. BWC’s Disciplinary Policy and Grid can be found in the Employee Handbook.
56. Has the EEO Officer reviewed the agency disciplinary policy/procedure to ensure it is nondiscriminatory?
Yes __X______ No ________
Please explain. It is the philosophy of BWC that discipline should be fair, consistent and commensurate
with the offense.
57. Have all agency employees received copies of the disciplinary policy/procedure?
Yes ___X_____ No ________
Please explain. BWC’s Disciplinary Policy and Grid is located in the Employee Handbook which is
available on line for staff.
58. Have all supervisors and managers received training on how to implement discipline in a nondiscriminatory
manner?
Yes __X______ No ________
Please explain. This topic is covered at the Leading Your Employees to Success and Management
Partnership training classes that all newly hired and/or promoted supervisors are required to attend.
59. Does the EEO officer have a role in the agency’s disciplinary process?
Yes _X_______ No ________
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Please explain. An EEO/Legal meeting is held every Friday with the Chief Legal Officer, Chief Human
Resources Officer, Director of Law and EEO Manager where workplace issues and disciplinary matters
are discussed.
60. Are there supervisors that still need training in implementing discipline in a bias-free manner?
Yes ________ No __X______
Please explain. All BWC supervisors have received training on implementing discipline in a bias-free
manner.
61. Provide a timeframe for remaining employees to complete training. Not applicable. See response to
question 60.
62. Please provide the percentage of supervisors that still need training implementing discipline in a bias-free
manner. Not applicable. See response to question 60.
SECTION J: EMPLOYEES SEPARATION AND EXIT INTERVIEW STRATEGIES
63. Are exit interviews conducted on all voluntary separations?
Yes __X______ No ________
Please explain. An in person exit interview is conducted or an employee exit questionnaire is sent out on
all voluntary separations.
64. If exit interview forms are mailed out, what is the return rate? Approximately 25%.
65. Please explain how exit interview responses are facilitated from the HR office to the EEO office?
If an employee requests an in person exit interview, the EEO Manager will meet with the employee
before the employee’s last day of employment. If an in person exit interview is not conducted, an exit
letter along with the exit questionnaire is sent to the employee’s home along with a prepaid envelope for
the employee to return the survey.
66. Has your agency analyzed the exit interview data to determine if an adverse number of minorities, women
or disabled persons are leaving the agency?
Yes __X______ No ________
Please explain. The EEO Manager reviews the Employee Exit Questionnaire responses and notifies the
Chief Human Resource Officer of any potential areas of concern.
SECTION K: AGENCY EEO PROGRAM MONITORING & LEADERSHIP COMPLIANCE
67. Does the agency head hold regular meetings to discuss EEO issues?
Yes ___X_____ No ________
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Please explain: BWC’s Administrator has a bi-weekly meeting with the Chief Human Resource Officer to
discuss HR related matters, which may include EEO issues. In addition, the EEO Manager submits a
monthly EEO log to the Administrator and Chief Human Resource Officer which details complaints
along with the status of the investigation.
68. Is the agency head involved in the development and or implementation of the agency EEO Strategic
Plan?
Yes _X_______ No ________
Please explain. The Administrator recognizes the importance of the EEO Program and strives to ensure
that everyone is treated with dignity and respect.
69. What methods are used by agency leadership to show support of the EEO program?
Please explain. BWC’s Administrator and EEO policies require all managers/supervisors to report any
incident of discrimination and/or harassment to the EEO Department within 24 hours. Furthermore, a
newly hired and/or promoted supervisor is required to attend the Management Partnership training class
which outlines their leadership responsibilities regarding EEO.
70. Are EEO officials present during agency deliberations prior to decisions regarding recruitment strategies,
vacancy projections, succession planning, selections for training career development opportunities and
other workforce changes?
Yes _X_______ No ________
Please explain: The Chief Human Resource Officer directs and oversees personnel, training and safety
for approximately 2,000 employees. This division also handles labor relations issues and maintains equal
employment opportunity regulations throughout the agency. The Human Resources Division works to
ensure consistency of policies and procedures in accordance with the Ohio Revised Code, the Ohio
Administrative Code and collective bargaining agreements.
71. Are EEO processes integrated into the agency’s mission and planning?
Yes __X______ No ________
Please explain: BWC’s Administrator is conscious of diversity and EEO and asks questions and gives
feedback when necessary.
72. Is the EEO program allocated sufficient resources (financial/human capital) to ensure success?
Yes __X______ No ________
Please explain: On occasion, other HR staff with knowledge of EEO has assisted the EEO Department.
SECTION L: EEO WORKFORCE COMPOSTION
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73. Who is responsible for updating EEO workforce data in the Ohio Administrative Knowledge System at
your agency?
Please explain. Ed Smith, Information Technologist 3, in BWC’s Personnel and Benefits Department is
responsible for the maintenance of EEO workforce data in OAKS and generating HR Reports and data.
74. Does the agency EEO Officer have access to the EEO workforce information?
Yes __X______ No ________
Please explain. The EEO Manager can access the EEO Workforce information in OAKS.
75. How often is the agency EEO workforce data updated?
Please explain. On demand when a request is made by an employee and with new hires.
76. How does the agency utilize the EEO workforce report?
Please explain. The EEO workforce report is utilized for EEO investigations and BWC annual reports.
SECTION M: DIVERSITY INITIATIVES
77. Are diversity initiatives a line item in your agency annual fiscal budget?
Yes ________ No __X______
Please explain. Diversity initiatives are funded from the EEO budget however, if additional money is
needed it will be covered by the overall HR budget.
78. Does agency leadership promote diversity initiatives?
Yes __X______ No ________
Please explain. BWC celebrates Black History Month during the month of February and Women’s
History Month in March. BWC also recognizes other cultural groups throughout the year. In September
2011, BWC’s Board of Directors selected two minority owned firms, Attucks Asset Management and
Leading Edge Investment Advisors to manage the State Insurance Fund invested assets.
79. What steps does your agency take to enhance diversity awareness (workforce/cultural)?
Yes __X______ No ________
Please explain. As stated in question #78, BWC celebrates Black History Month during the month of
February and Women’s History Month in March. BWC also recognizes other cultural groups throughout
the year. In September 2011, BWC’s Board of Directors selected two minority owned firms, Attucks
Asset Management and Leading Edge Investment Advisors to manage the State Insurance Fund invested
assets.
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80. Does your agency have a diversity team?
Yes ________ No __X______
Please explain. At the present time, BWC does not have a diversity team however; if the need arises,
consideration will be given.
81. If yes, what employees are on the team by classification/title?
82. What is the role and responsibility of the team?
Please explain. N/A
83. Does your agency have measures in place to evaluate diversity recruitment outcomes?
Yes ________ No ___X_____
Please explain. At the present time, BWC does not have diversity recruitment initiatives. If our statistics
would get to a level of concern, we would implement such measures.
SECTION N: ADA SELF-EVALUATION AND REASONABLE ACCOMMODATION MODEL
84. Does the agency have an ADA policy?
Yes __X______ No ________
Please explain. BWC’s ADA Policy is listed as Memo 8.02 in the Employee Handbook.
85. Does the ADA policy contain guidelines for requesting a reasonable accommodation?
Yes _X_______ No ________
Please explain. The guidelines for requesting an accommodation or a workplace modification are
contained in the ADA Policy.
86. Does your agency have a process for requesting a reasonable accommodation?
Yes __X______ No ________
Please explain. Employees have been instructed to complete an ADA Reasonable Accommodation
Request Questionnaire along with a Release of Health of Information form and submit both documents
to the EEO Manager for review.
87. How many requests for reasonable accommodations were received within the last three years?
____10_____Physical
_____2____Mental
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88. Please provide the classifications used in the reasonable accommodations review process.
The EEO Manager, Personnel Testing Manager, Chief Human Resource Officers, Chief Legal Officer, and
Employee Labor Relations Director.
_____________________________________________________________________________________
2011 ADA SELF-EVALUATION
2011 ADA CUSTOMER SERVICE SELF-EVALUATION REVIEW FORMAT
Brief Description of the Department: The EEO Department is responsible for planning, developing and
administering BWC’s Affirmative Action and Compliance program for approximately 2,000 employees. The
EEO Manager’s duties include planning, directing and establishing policies and procedures for the EEO
Department and the overall agency, ensuring that BWC’s EEO program complies with state and federal law;
giving presentations to both internal and external groups such as executive staff, state agencies and EEO
officials. The EEO Manager is further responsible for managing BWC’s EEO complaint and reasonable
accommodation processes.
Brief Description of the Division, District, or Institution: The Ohio Bureau of Workers’ Compensation
(BWC) is the largest state-fund insurance system in the nation. BWC serves more than 250,000 Ohio
employers. In FY2011, BWC actively managed approximately 1.2 million open claims, funded by assets
totaling approximately $26 billion. Medical and indemnity compensation paid to injured workers totaled
nearly $2 billion and we received 118,971 new claims.
Brief Description of the ADA Program: It is the policy and practice of the Ohio Bureau of Workers’
Compensation (BWC) to comply fully with the Americans with Disabilities Act (ADA) and ensure equal
employment opportunities and reasonable accommodation for qualified individuals with disabilities. BWC is
also committed to ensuring non-discrimination in all terms, conditions and privileges of employment.
The ADA requires public entities to conduct a self evaluation of policies and practices. BWC takes its
responsibility to its employees and others very seriously by making self evaluation a constant and continuous
process. In accordance with the requirements of the ADA, BWC has conducted a complete self evaluation
for FY 2011 and the results are presented below.
SELF-EVALUATION PROCESS
Background
The Americans with Disabilities Act (ADA) and its implementing regulations require all public entities to
evaluate their policies and practices to identify and correct any that is not consistent with the ADA. Policies
or practices that discriminate against or prevent participation by individuals with disabilities are strictly
prohibited. All interested persons, including those with disabilities, or organizations representing them, must
be given an opportunity to participate in the self-evaluation process by submitting comments. Agencies must
ensure that this occurs and must develop methods for considering and, if necessary, acting on the comments
received.
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One way to provide an opportunity for comments and participation is to post public notices and/or hold
public hearings. Public notices should clearly identify the purpose and goals of the evaluation. Agencies may
also wish to include employees, clients or other persons with disabilities, or organizations representing
persons with disabilities, in the evaluation process itself.
Evaluations should be kept on file for 3 years, and should list the persons consulted or heard from, the areas
considered, the problems identified, and the modifications or changes made. Changes to agency policies or
practices should reflect and incorporate public comments where appropriate.
Checklist:
1. Are individuals with disabilities and/or individuals from organizations representing persons with disabilities
consulting with you during the self-evaluation process?
Yes__X___ No _____ NA _____ If you answered no to the above question you are required to develop
procedures to ensure that interested parties are provided adequate opportunity to provide comments and
suggestions.
2. List the steps taken to ensure that interested parties are included in the evaluation process. Speak to
employees, consult with the Ohio Rehabilitation Services Commission and the Job Accommodation Network
(JAN).
3. List the names and addresses of interested people participating and/or providing comments. Input was
sought from BWC’s Administrator, Chief Human Resource Officer, EEO Manager and Building
Management to discuss the requirements of the ADA Strategic Plan.
4. Have you developed procedures to ensure that records of your evaluation (including responses 1-3 above),
as well as our transition plans, are kept for a period of 3 years.
Yes__X___ No _____ NA _____ If you answered no, you must develop such procedures.
Notification
Background
In addition to the required self-evaluation of policies and practices every agency is required to notify current
and potential employees and recipients of services as well as the general public, that it complies with the ADA
in all its programs, services and activities. Each agency is responsible for ensuring that this poster or a
comparable notice is posted in conspicuous places in all facilities, that an appropriate non-discrimination
statement is included on all printed materials distributed to the public and those employees and recipients of
services are notified of your compliance with the ADA.
It is important to note that your notices themselves must be provided in a way that will ensure that they reach
all persons, including those with disabilities. In other words, the notices themselves must be accessible. For
example, posters must be placed at an accessible height (between 54 and 66 inches from the floor) and copies
of printed materials must be available upon request in Braille, large print and/or audio formats.
Finally, notices must include the name of your ADA Coordinator and information on how a complaint can
be made if a person feels that he or she has been discriminated against because of a disability.
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Checklist:
Have you posted notices stating your compliance with ADA in conspicuous places in all your facilities?
Yes_X____ No _____ NA _____ If you have answered no to this question, you are required to develop and
post appropriate notices.
Have you made your posted notice accessible to persons with disabilities? Is it posted at a height that can be
read by persons in wheel chairs (54" - 66" from the floor)? Can it be made available in Braille, large print or
audio formats or can it be read to persons with visual or other disabilities?
Yes_X____ No _____ NA _____If you answered no, steps must be taken to assure that the notice is
accessible.
Does your notice include the name, business and telephone number of your ADA Coordinator as well as
information on how individuals can file a complaint if they feel they have been discriminated against because
of a disability?
Yes_X____ No _____ NA _____If you answered no, notice must be revised to include the required
information.
Have you communicated your compliance with ADA and your non-discrimination policy to all current
employees and recipients of services and benefits?
Yes_X____ No _____ NA _____ If you answered no, you must take steps to notify all current employees
and recipients of services and benefits that your agency does not discriminate in employment or in providing
services or benefits. This notification should also include the name, business address and telephone number
of your ADA coordinator and information on filing complaints.
Have you taken steps to ensure that potential and future employees and service recipients are made aware of
your compliance with ADA?
Yes_X____ No _____ NA _____ If you answered no, you must develop procedures to ensure that potential
and future recipients receive such notice.
List the steps you have taken or will take to notify current and future employees and service recipients of your
compliance with ADA. The phrase, “BWC is an equal employment opportunity employer” is listed on all
vacancy postings. BWC also has an ADA Policy which can be found in our Employee Handbook and on the
EEO Department’s web page.
Do you include an appropriate non-discrimination statement on all printed materials distributed to potential
employees, services recipients and the general public?
Yes_X____ No _____ NA _____ If you answered no, you must revise existing materials and develop a plan
to ensure that all future materials include an appropriate non-discrimination statement. (Note: To avoid
wasting current brochures and similar items, a sticker, stamp or insert could be used to add the appropriate
statement to these materials.)
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Have you taken steps to ensure that your staff fully understands your organization’s policy of nondiscrimination
and can take all appropriate steps to facilitate the participation of individuals with disabilities in
agency programs and employment opportunities?
Yes__X___ No _____ NA _____If you answered no, you must establish a mechanism to ensure that your
staff fully understands their responsibilities. One way to do this is to provide periodic training and to include
information in new employees’ orientation programs.
Complaints Background
The ADA requires that each public entity identify at least one employee to coordinate its efforts to comply
with the ADA. This coordination must include the investigation of complaints filed alleging discrimination or
violation of the ADA. Employees, service recipients and applicants for employment and services must be
notified of the name, business address and telephone number of your ADA coordinator and of the
procedures for filing a complaint. Employment complaints’ based on disability will be handled in the same
way as other complaints regarding discrimination in employment. The established Equal Opportunity
Division (EOD) complaint procedure can be used in these cases. Agencies must develop an internal
procedure for handling complaints from applicants and recipients of services.
Checklist:
Have you identified an ADA Coordinator or other employee who will be responsible for receiving and
processing discrimination complaints?
Yes_X____ No _____ NA _____If you answered no, you must identify this person.
Are appropriate personnel familiar with the EOD Complaint Procedures to be used for complaints of
employment discrimination based on disability?
Yes__X___ No _____ NA _____If you answered no, you must ensure that appropriate staff receives copies
of the procedure (which is included in your seminar folder) and training, if needed.
Have you developed an internal grievance procedure to be used for receiving and processing complaints of
discrimination based on disability from recipients of and applicants for services?
Yes_X____ No _____ NA _____If you answered no, you must develop, publish and disseminate a policy.
Use of Contractors Background
The ADA states that a public entity may not directly or through contractual, licensing or other arrangements
discriminate against persons with disabilities in providing benefits or services, or in employment. A
department which licenses facilities or enters into contracts with other public or private institutions,
businesses or agencies to provide services or programs must ensure that those agencies, institutions or
businesses comply with the ADA.
To accomplish this objective, agency personnel involved in licensing or in writing or negotiating contracts
must be made aware of these ADA requirements. Persons monitoring or auditing state funded programs
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must check for compliance with the programmatic, employment related and public accommodation
requirements of the ADA. In addition, contracts should include language to the effect that the contractor is
aware of and in compliance with the requirements of the ADA and its regulations. Contractors must be made
aware of the ADA requirements to ensure that they are in compliance. A contract’s failure to comply could
result in a state agency being held liable for a contractor’s licensee’s non-compliance.
Checklist:
Have you taken steps to ensure that appropriate agency personnel understand the ADA requirements as they
apply to contractors?
Yes_X____ No _____ NA _____ If you answered no, you must provide information and or training to
those personnel.
Do persons monitoring or auditing state funded programs check for compliance with the ADA?
Yes__X___ No _____ NA _____ If you answered no, steps must be taken to ensure that state funded
programs are checked for compliance with the programmatic, employment and public accommodation
requirements of the ADA.
Have you included language in agency contracts to ensure that contractors are aware of their obligations to
facilitate the participation of persons with disabilities in programs and activities they operate on behalf of the
agency?
Yes_X____ No _____ NA _____If you answered no, steps must be taken to include ADA related language
in all contracts.
Have you developed a procedure to disseminate information about the ADA to all contractors?
Yes_X____ No _____ NA _____If you answered no, you need to establish a procedure. Recognized
material on ADA compliance and implementation are the Technical Assistance Manuals for Titles I, II and
III (Included in your agency notebook) and the Uniform Federal Accessibility, Standards, available from the
U.S. Architectural and Transportation Barriers Compliance Board Procedures will be developed incorporating
relevant DAS procedures, if any, and disseminated to contractors.
Telephone Communication Background
Where a public entity communicates with applicants and beneficiaries by telephone, TDDs or equally
effective telecommunication systems are required to communicate with individuals with impaired speech or
hearing. Although a statewide relay service was recently implemented, those departments with extensive
telephone contact with the public are encouraged to have TDDs to provide access that is more immediate
than a relay service. Telephone emergency services, such as fire, police, ambulance and, modems. TDD and
relay service numbers must be published in the same manner as non-TDD numbers. Sign age concerning the
availability of TDD pay phones or other TDD required phones must also be posed in public locations.
Checklist:
Does your organization have a procedure for communicating effectively over the telephone with hearingimpaired
persons?
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Telephone Communication Yes_X___ No ____ NA ____ If you answered no, you need to establish a
procedure. This should include TDD phones in areas with extensive public contact.
Have TDD numbers or telephone relay numbers been added to all agency directories, pamphlets, brochures,
letterhead, etc.?
Yes_X____ No _____ NA _____ If you answered no, you need to add these numbers to all directories,
pamphlets, etc. If your organization used “800" incoming WATTS telephone service in its program, have you
taken steps to ensure that this service is usable by persons with hearing impairments?
Yes _X____ No_____ NA _____ If you answered no, you must ensure that the WATTS line is accessible to
persons with speech and hearing impairments.
Have you taken steps to familiarize appropriate staff with the operation of TDDs and other effective means
of communicating over the telephone with hearing impaired persons?
Yes_X____ No _____ NA_____ If you answered no, it is advisable to provide staff training. DAS
Telecommunications can provide assistance and/or make appropriate referrals as needed.
Documents and Publications Background
All interested persons, including persons with impaired vision or hearing or with learning or processing
disabilities, must be able to obtain information on the existence and location of accessible services, activities
and facilities. In addition, publications and documents must be free of discriminatory and other inappropriate
language.
Checklist:
Do you have a procedure for making documents available in alternate formats (e.g., audiotape, Braille, large
print, computer disk)?
Yes_X____ No _____ NA _____ If you answered no, you must develop such a procedure.
Have you received agency publications and documents to identify and remove discriminatory language or any
language or images that may patronize or stigmatize persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you must complete such a review and remove any
inappropriate language or images. Fliers providing examples of appropriate and inappropriate terminology are
included in your seminar folder.
Such a review is an ongoing process as a matter of routine. A reminder will go to all staff reminding staff to
consider the wording of text as well as any pictures used in publications.
Interpreters, Assistive Devices, Adaptive Equipment Background
Public entities are required to secure the services of a qualified interpreter when conducting business with a
recipient of state services who is deaf. Public speeches should be given with the assistance of a sign language
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interpreter or hard copy transcripts should be made available upon request. Note: Hard copy transcripts are
not sufficient if the public will be invited to engage in a dialogue with the speaker.
Public entities are also required to furnish appropriate auxiliary aids and services when necessary to afford an
individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the public entity’s
services, programs or activities. This can include qualified readers and interpreters, taped, Braille or large print
materials, or close-captioned video programs. The public entity must provide an opportunity for individuals
with disabilities to indicate their chosen form of accommodation. The public entity should honor the choice
unless it can demonstrate that another effective means of communication exists, or that the means chosen
would pose an undue financial or administrative burden or would fundamentally alter the service, program or
activity in question.
Employers and service providers are required to make reasonable accommodations to assure full participation
by people with disabilities. There is a wide variety of equipment available to assist in this process. To reduce
future costs, when make purchases agencies should consider equipment that can be readily modified.
Checklist:
Does your organization have a procedure to ensure that qualified interpreters are provided in an expeditious
manner when needed at meetings, interviews, conferences, hearings or public appearances by agency officials?
Yes_X____ No _____ NA _____ If you do not have a procedure to locate and to hire a qualified interpreter,
you need to develop this procedure. The Rehabilitation Services Commission can assist you with this process.
Are auxiliary aids available (or sources identified where they can be readily obtained) for individuals with
speech, vision or hearing impairments to ensure effective participation in programs or activities?
Yes_X____ No _____ NA _____ If you answered no, you are required to establish relevant procedures to
obtain and use auxiliary aids when needed.
Does your organization purchases office equipment that can be readily modified for people with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you should review and revise your purchasing
procedures as needed.
Undue Financial and Administrative Burden Background
Title II requires a public entity to make its programs accessible in all cases except where to do so would result
in a fundamental alteration in the nature of the program or present undue financial and administrative
burdens. Similarly, Title I requires that reasonable accommodations be made to allow applicants and
employees to perform available jobs, unless to do so would pose an undue financial or administrative burden.
The decision that compliance would result in such alterations or burdens must be made by the head of the
public entity or his or her designee and must be accompanied by a written statement of the reasons for
reaching that conclusion. The determination must be made by a high level official, no lower than a
department head, having budgetary authority and responsibility for spending decision.
Checklist:
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Have you established a procedure for ensuring that decisions about undue financial and administrative
burdens are made properly and expeditiously?
Yes__X___ No _____ NA _____ If you answered no, you must establish a procedure. Please keep in mind
that it will be difficult for the state, with its extensive resources, to show undue burden.
Program Accessibility Background
Title II of the ADA requires that all programs, services and activities provided to the public by state and local
government agencies be free of discrimination and disparate treatment and accessible to persons with
disabilities. This means that people with disabilities are entitled to full and equal enjoyment of aids, benefits
and services that these aids, benefits and must be equal to and as effective as those provided to other
individuals. In addition the aids, benefits and services should not be provided differently or separately unless
it is necessary to do so to ensure equal effectiveness. All activities related to your programs and services must
be analyzed and modified if necessary to ensure non-discrimination.
In general, each independent program or service should be analyzed separately. All elements of your program
should be reviewed to ensure that services and benefits are equally accessible to, and effective for, persons
with disabilities, that the administration of the services and benefits is free from discrimination based on
disability, that communications reach all persons including those with disabilities, and that effective
application and selection procedures exists for persons with disabilities. Public service announcements must
also be reviewed and revised as necessary to include closed captioning or sign language interpretation.
As you review the programs, services, and/or activities provided by your agency directly, or by another entity
under contract, you should focus on the accessibility of the programs, services or activities. There are a
number of ways that a program can be made readily accessible such as:
• Assigning aides to beneficiaries
• Making home visits
• Redesigning equipment
• Altering existing facilities
The Accessibility Checklist will help you to make a determination regarding architectural barriers and how
they can be removed if necessary.
Checklist:
Have you reviewed materials and procedures used to advertise your program or service or to recruit
individuals to participate in your programs to assure that they are accessible to and do not discriminate
against persons with disabilities?
Yes__X___ No _____ NA _____ If you answered no, you need to complete such an analysis and take
necessary steps to correct policies or materials that may result in disparate treatments or restrict accessibility.
Your analysis should include a review of meetings, oral presentations, printed materials, advertisements, and
other processes or materials used to recruit or to make persons aware of your program.
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Have you reviewed your public service announcements and added closed captioning or sign interpretation?
Yes_X____ No _____ NA _____ If you answered no, you must review and revise these announcements as
necessary.
Have you reviewed your eligibility criteria and any test used in the admission process for your program to
assure that they do not discriminate against or result in disparate treatment of persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you must complete such a review and make changes
in criteria and tests as needed to eliminate any disproportionate adverse impact on applicants with disabilities.
Have you established a procedure to provide alternative tests or other accommodations in the testing process
(e.g., readers) to persons with disabilities such as hearing or vision impairments or learning disabilities?
Yes_X____ No _____ NA _____If you answered no, you must develop such a procedure and ensure that
alternative tests or accommodations are readily available.
Have you taken steps, including providing ADA training to appropriate staff and providing auxiliary aids as
needed, to ensure non-discrimination in any interviewing process related to your program?
Yes_X____ No _____ NA _____ If you answered no, you must review your interview process and ensure
non-discrimination by training staff, making auxiliary aids available and revising procedures as needed.
Have you reviewed all forms, brochures and other written materials listed in advertising, selection or
provision of services or in any other aspects of the program to assure they include an appropriate nondiscrimination
statement and do not include language that tends to discriminate or result in disparate impact?
Yes_X____ No _____ NA _____ If you answered no, such a review must be completed and changes made
as needed.
Do you have a procedure to assure that all printed materials can be made available in alternate formats if
needed?
Yes_X____ No _____ NA _____ If you answered no, such a procedure needs to be developed.
Have you reviewed tools, equipment and other devices used in the program to ensure that, with or without
accommodations, they are usable by and accessible to persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, such a review must be completed.
Do you have a procedure to make accommodations or provide auxiliary aids as needed to ensure full access
to your program for persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, such a procedure needs to be established.
Have you analyzed each of the following program elements to ensure that they are accessible to persons with
disabilities and that reasonable accommodation or auxiliary aids are available if needed?
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Transportation services Yes_X____ No _____ NA _____
Health services, insurance and other benefits Yes_X____ No _____ NA _____
Housing Yes_____ No _____ NA _X____
Financial aid Yes_____ No _____ NA _X____
Counseling services Yes_____ No _____ NA __X___
Employment services Yes__X___ No _____ NA _____
Food services Yes_____ No _____ NA __X___
Social, Recreational and Athletic Activities Yes_____ No _____ NA __X___
If you answered no to any of the above, you must take steps to ensure that the services or benefits involved
are equally accessible to and effective for persons with disabilities, and that procedures are in place to provide
reasonable accommodations as needed.
Have you completed the Accessibility Checklist for each location you agency provides programs, services or
activities?
Yes_X____ No _____ NA _____If you answered no, please complete.
Have you prepared a Facilities Transition Plan as needed for all locations identified in Item 1?
Yes_X____ No _____ NA _____ If you answered no, please complete.
Does your agency have an evacuation plan for all locations, which identifies areas of rescue assistance?
Yes__X___ No _____ NA _____ If you answered no, please prepare or revise a plan and make sure it is
communicated.
If you provide separate or different programs or activities for persons with disabilities, do you also ensure
that they are not denied the opportunity to participate in those that are not separate or different if they so
choose?
Yes_X____ No _____ NA _____ If you answered no, you must take steps to ensure such participation is
available.
When selecting sites or locations for facilities, do you select sites that facilitate the accomplishments of the
objectives of the service, program or benefit for persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you must develop procedures that ensure that site
selections are made with the needs of persons with disabilities in mind.
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Do you administer services, programs and activities in the most integrated setting appropriate to the needs of
qualified persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you must take steps to ensure that you provide
services, activities and benefits in the most integrated setting possible.
Do you maintain in operable working condition those features of facilities and equipment that are required to
be readily accessible to and usable by persons with disabilities?
Yes_X____ No _____ NA _____ If you answered no, you must take steps to ensure that equipment is
properly maintained.
Do you provide signage at all inaccessible entrances to each of you facilities, directing users to an accessible
entrance or to a location where they can obtain information about accessible facilities?
Yes_X____ No _____ NA _____ If you answered no, you must install appropriate signage.
Do you have the international symbol for accessibility at each accessible entrance to each of your facilities?
Yes_X____ No _____ NA _____ If you answered no, you must install such sign age.
Have you reviewed boards, councils or other bodies on which program participants sit to ensure persons with
disabilities have equal opportunity for selection and participation?
Yes_X____ No _____ NA ____ If you answered no, you must complete such a review and modify
procedures if necessary.
Employment Background
The ADA prohibits discrimination in employment against persons with disabilities and makes disparate
treatment unlawful. This applies to all areas of employment, including the recruitment and hiring process,
classification and pay, promotion and advancement opportunities, training and development, health insurance
and other benefits and all other employment related activities. It is also unlawful to discriminate against a
person who has a friend or relative with a disability. For example, to refuse to hire someone for fear that
excessive absenteeism would result from their relationship to a person with a disability would be a violation
of the ADA.
An employer may not refuse employment to a person with a disability if the individual, with or without
reasonable accommodation, can perform the essential function of the job. It is important when you are
planning to fill a position to identify the essential functions, to include that information in all job postings and
to review the position description and revise it if necessary to identify functions. This review must be
completed on a position-by-position basis.
The ADA provides that employment can be refused if employing a person with a disability would pose a
“direct treat” or significant risk to the safety of others that cannot be eliminated by modification of policies,
practices or procedures or by provision of auxiliary aids or services. For example, under certain
circumstances, the ADA permits employers to refuse to assign food-handling duties to employees with
communicable diseases transmitted through the handling of food.
30 | Page

Checklist:
1. Have you analyzed your employment practices in general to identify and correct policies, procedures
and/or written materials that may tend to discriminate or result in disparate treatment of persons with
disabilities or persons who have friends or relatives with disabilities?
Yes_X___ No_______ NA_______ If you answered no, such an analysis must be completed.
2. Are your hiring procedures (application process, testing and interviewing) carried out in wheel chair
accessible locations, using accessible formats (e.g., Braille, audio) and providing necessary accommodation
(e.g., reader, sign language interpreter)?
Yes__X___ No _____ NA _____ If you answered no, you must take steps to ensure accessibility.
3. Have you determined that your policies and practices are free of discrimination and provide equal access to
persons with disabilities in each of the following areas?
Recruitment and advertising Yes__X___ No _____ NA _____
Application forms and processing Yes__X___ No _____ NA _____
Interviewing, including structured interviews Yes__X___ No _____ NA _____
Employment testing Yes_X____ No _____ NA _____
Hiring, upgrading, promotion, demotion, transfer, layoff, termination and rehiring
Yes_X____ No _____ NA _____
Disciplinary process and procedures Yes_X____ No _____ NA _____
Rates of pay or any other form of compensation and changes in compensation
Yes_X____ No _____ NA _____
Job classifications and assignments Yes__X___ No _____ NA _____
Organizational structures Yes_X____ No _____ NA _____
Sick leave, leave without pay and all other kinds of leave Yes__X___ No _____ NA _____
Selection & Financial support for training, professional meetings, conferences and other related activities
Yes__X___ No _____ NA _____
Health, Life and other Insurance benefits Yes_X____ No _____ NA _____
Agency sponsored social and recreational programs Yes_X____ No _____ NA _____
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If you answered no to any of the above, you must identify procedures, policies and materials that may lead to
disparate treatment and take appropriate action to modify them.
Do you have a procedure for responding to requests for accommodations to the known physical or mental
disabilities of an otherwise qualified applicant or employee? Yes__X___ No _____ NA _____
If you answered no, you need to adopt such a procedure. Accommodation should be readily available and,
whenever the applicant or employee should in a format choose possible.
Do you have a procedure to determine when an individual with a disability poses a direct threat to health or
safety of the individual or others?
Yes__X___ No _____ NA _____ If you answered no, you need to develop such a procedure.
Do you have a procedure to ensure that positions are analyzed when being filled and at other critical times to
identify essential job functions, and those postings, position descriptions and other materials reflect these
essential functions?
Yes__X___ No _____ NA _____ If you answered no, you need to develop such a procedure.
Do you provide training on employment compliance with the ADA to hiring managers and supervisors and
other personnel involved in developing and/or applying personnel policies and practices?
Yes__X___ No _____ NA _____ If you answered no, you should develop a plan to provide such training.
Do you have a procedure to document decisions not to hire or promote because of “undue” hardship”?
Yes_X____ No _____ NA _____ If you answered no, you must develop such a procedure.
Do you ensure that you do not require medical exams or any other kind of pre-employment inquiry into an
applicant’s disability until after a conditional offer of employment has been made to the applicant?
Yes__X___ No _____ NA _____If you answered no, you must establish procedures to ensure that such
inquiries are handled appropriately.
If offers of employment are conditional on satisfactory completion of a medical exam, do you take steps to
ensure that medical information is collected and maintained on separate forms and in separate files, and
treated as confidential information?
Yes_X____ No _____ NA _____ If you answered no, you must develop procedures to ensure that such
records are appropriately collected and maintained.
If needed you may provide additional ADA related comments.
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2011
EEOSP
ATTACHMENTS
33 | Page

34 | Page

Agency Information Instructions Name of Responsible
Staff and Position
1. An Overview of the Provide an overview of the agency as well as the Stephen Buehrer,
Agency
responsibilities in each of the agency Divisions
Attachment A:1
Administrator/CEO
2. Agency Table of
Organization
3. Breakdown of Each
Division’s Job
Classifications
4. Agency EEO Workforce
Report
Provide an agency table of Organization that
clearly defines the reporting structure
Attachment A:2
Provide job classification titles for all agency
employees.
Attachment: A:3
Provide a current copy of your agency EEO
workforce ending –June 30, 2010 through June
30th 2011. Officials and Administrators,
Professionals, Paraprofessional, Technicians,
Protective Service Workers, Administrative
Support (including Clerical and Sales), Skilled
Craft Workers and Service-Maintenance
Attachment: A:4
Stephen Buehrer,
Administrator/CEO
Dee Seidenschmidt,
Director of
Personnel &
Benefits
Ed Smith,
Information
Technologist 3
ATTACHMENT B: AGENCY EEO INFORMATION AND DISCRIMINATION COMPLAINT
MANAGEMENT
Agency Information Instructions Name of Responsible
Staff and Position
5. EEO Officer Duties and Provide a copy of the EEO Officer’s
Sheri Fitzpatrick,
Experience
responsibilities in include additional duties and
experience and length of time in EEO and EEO
EEO Manager
Certificates (last 5 yrs).
6. Classification and
Position Description
Attachment B:5
Provide a copy of the class specifications and
position description for all EEO Officers and
identify the officer for whom the documents are
associated.
Attachment B:6
7. EEO Flow Chart Please provide a flow chart with the names and
titles of the individuals in the line of authority
between the EEO Officer and the agency
Director.
Attachment B:7
8. Agency EEO Policies Provide a current copy of your agency's EEO,
Anti-Discrimination/Anti-Harassment, ADA
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
2 | Page

and/or Sexual Harassment Policies.
Attachment B:8
9. EEO Discrimination Describe the type of EEO training each person
Complaint Management responsible for managing complaints has received
in order to manage the complaint process.
Attachment B:9
10. EEO Postings Please provide the agency central office and
satellite locations and areas where EEO
information is displayed.
Attachment B:10
11. EEO Strategic Plan
(EEOSP) Availability
12. EEO Discrimination
Summaries From June
30 th to June 30 th
13. Agency EEO Counseling
Form
14. Agency EEO
Information for
employees
Provide a statement of when the EEO Strategic
Plan public document, may be reviewed by
interested internal or external parties during
working hours. And location of approved
EEOSP.
Attachment B:11
Provide copies of the complaint summary for
accepted complaints and a separate copy of
summary of non jurisdictional complaints
Attachment B:12
Please provide a copy of the form used to collect
data for employees that you meet with about
potential issues of discrimination.
Attachment B.13
Provide a copy of internet and or intranet content
page that employees may learn about the agency
EEO Program.
Attachment B:14
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
Sheri Fitzpatrick,
EEO Manager
ATTACHMENT C: DIVERSITY RECRUITMENT/OUTREACH AND LITERATURE
INFORMATION
Agency Information Instructions Name of Responsible
Staff and Position
15. Recruitment List Provide a copy of your agency’s minority, women, Dee Seidenschmidt,
disabled persons and veterans’ recruitment contact Director of
list.
Personnel &
Attachment C:15
16. List Diversity
Recruitment Outreach
Efforts: Function Date(s):
17. Agency EEO
Publications
Provide a copy of your agency’s recruitment
strategy that includes an implementation plan for
overcoming any barriers to equal employment
opportunities.
Attachment C:16
Provide copies of agency EEO publications or
EEO program information
Attachment C:17
Benefits
Dee Seidenschmidt,
Director of
Personnel &
Benefits
Sheri Fitzpatrick,
EEO Manager
3 | Page

ATTACHMENT D:
INFORMATION
EEO SELECTION QUALIFICATIONS AND POSITION DESCRIPTION
Instructions: Adverse Impact can be determined by utilizing the tool found in this link:
http://adverseimpact.org/AdverseImpactAnalysis.htm. Please use the link to conduct the requested studies
and provide a separate, clearly identified document for each requested attachment.
Agency Information Instructions Name of Responsible
Staff and Position
18. Adverse Impact Study Conduct and submit the Adverse Impact Study Sheri Fitzpatrick,
for Terminations results by race and sex for agency terminations
beginning June 30, 2010 through June 30, 2011.
EEO Manager
19. Adverse Impact Study for
Promotions
Attachment D:18
Conduct and submit the Adverse Impact Study
results by race and sex for promotions for Pay
Range 12 and above from June 30, 2010 through
June 30, 2011.
Attachment D:19
ATTACHMENT E: EEO PLACEMENT/ORIENTATION AND PERFORMANCE
EVALUATIONS
Sheri Fitzpatrick,
EEO Manager
Agency Information Instructions Name of Responsible
Staff and Position
20. EEO Orientation Please provide a copy of the orientation agenda or Sheri Fitzpatrick,
Agenda
the training plan for new employee orientation EEO Manager
sessions.
Attachment E:20
21. EEO Training Agenda Please provide the agenda for EEO training offered
to both employees and supervisors.
Attachment E:21
Sheri Fitzpatrick,
EEO Manager
ATTACHMENT F:
EEO DISCIPLINE AND SEPARATION STRATEGIES
Agency Information Instructions Name of Responsible
Staff and Position
22. Discipline Practices Please provide a copy of the disciplinary policy and Brian Walton,
procedure.
Director of Labor
Attachment F:22
Relations
23. Exit Interview Please provide a copy of the agency exit interview
form.
Attachment F:23
Sheri Fitzpatrick,
EEO Manager
ATTACHMENT G: EEO PROGRAM MONITORING AND LEADERSHIP COMPLIANCE
INFORMATION AND SUMMARY OF CORRECTIVE ACTION TO BE TAKEN DURING
THE NEXT FISCAL YEAR
4 | Page

Provide a copy of the year-end report submitted to the agency head that include details on all aspects of the
equal employment opportunity program - A. Program Administration; Problem areas and recommended
resolutions, received EEO training and refresher training of employees and EEO representatives, complaints
accepted and investigated. B. Staff Coordination; Prevention of Sexual Harassment training conducted,
Policy Letter and program goals. C. Program Management; the approved Equal Employment Opportunity
Strategic Plan or corrective actions, ADA concerns. D. Program Design and Policy Execution; EEO
Program Policy statements are signed and displayed and Management Directive, ADR or pre-complaint
process.
Agency Information Instructions Name of Responsible
Staff and Position
24. Leadership Information Please provide a copy of a year-end report submit to
the agency head that details the status of the
complaints from June 30, 2010- June 30, 2011.
Attachment G:24
Sheri Fitzpatrick,
EEO Manager
25. Corrective Action Provide a summary of corrective action items,
section letter, timeframes and details of action taken
that you will take during the upcoming year.
Attachment G:25
ATTACHMENT H: DIVERSITY INITIATIVES
Sheri Fitzpatrick,
EEO Manager
Agency Information Instructions Name of Responsible
Staff and Position
26. Diversity Team Diversity outreach calendar, programs, events, etc. Sheri Fitzpatrick,
with dates and details for the upcoming year. EEO Manager
Attachment H:26
ATTACHMENT I: ADA SELF-EVALUATION AND REASONABLE ACCOMMODATION
PROCESS INFORMATION
Agency Information Instructions Name of Responsible
Staff and Position
27. ADA Reasonable Agency Reasonable Accommodation Policy, Sheri Fitzpatrick,
Accommodations request Guidelines and Procedures
EEO Manager
under the Americans Attachment I:27
with Disabilities Act of
1990 as amended in 2008
28. ADA Reasonable
Accommodations
Request Form
Agency Reasonable Accommodation Request Form
Attachment I:28
Sheri Fitzpatrick,
EEO Manager
CORRECTIVE ACTION TO BE TAKEN:
5 | Page

ATTACHMENT A: 1
Overview of the Agency
The Ohio Bureau of Workers’ Compensation (BWC) provides workforce coverage for
approximately 275,000 of the state’s public and private employers. The State Insurance Fund
covers medical expense and lost wages for approximately two-thirds of Ohio workers. The
remaining third receives workers’ compensation coverage directly through their employers,
which are part of a self-insurance program guided by strict qualifications set by BWC.
When a workplace accident occurs, BWC responds to the needs of the injured worker and
employer to ensure a safe and timely return to work for the injured employee. BWC pays
benefits on behalf of Ohio’s employers in exchange for biannual premium payments, which
should help protect them from the financial shock of any sudden, costly workplace accident.
Now the largest state-fund insurance system in the nation, BWC serves more than 250,000 Ohio
employers. In fiscal year 2011, we actively managed approximately 1.2 million open claims,
funded by assets totaling approximately $26 billion. Medical and indemnity compensation paid
to injured workers totaled nearly $2 billion, and we received 118,971 new claims. There were
1,130 claims related to occupational diseases and, tragically 169 workers lost their lives while
on the job.
By pairing positive investment returns with better medical cost-containment, aggressive
collection efforts and more claims management, BWC will further strengthen its financial
footing in the future and, in turn, provide greater piece of mind to Ohio’s injured workers and
employers.
6 | Page

ATTACHMENT A: 2
Table of Organization
Stephen Buehrer
Administrator
Kelly Carey
Legislative Liaison
Dennis Vanek
Chief Audit Officer
Vacant
Chief Actuary
Bruce Dunn
Chief Investments Officer
Tracy Valentino
Chief Financial Officer
Toni Brokaw
Chief of Human Resources
Jeremy Jackson
Chief of Public Policy &
Strategy
Vacant
Chief Medical Officer
Jason Rafeld
Chief Legal Officer
Dale Hamilton
Chief of Operations
Tina Kielmeyer
Chief of Field Operations
Freddie Johnson (TWL)
Chief of Medical Policies
and Compliance
Tom Croyle
Chief of Information
Technology
Kevin Abrams
Chief of Employer Services
Abe Al-Tarawneh
Chief of Safety & Hygiene
7 | Page

ATTACHMENT A: 3
Breakdown of Classifications by Division
BWC Administration
Ohio's workers' compensation system is the largest state-fund insurance system in the nation, serving more
than 250,000 employers and 1.2 million injured workers. Always conscious of our responsibility to operate in
the best interest of those who support and rely upon the State Insurance Fund and other specialty funds, we
focus on three performance objectives: Service, Simplicity and Savings.
With this in mind, BWC Administration is responsible for administering and directing all programs and policies
of the BWC, establishing and administering the budget in accordance with legislative appropriations, and
directing the establishment of goals and objectives for the efficient operation and highest quality customer
service provided by the agency. Additionally, BWC Administration plans, develops and enhances the policies,
processes, organizational structure and staffing as it relates to the delivery of services to the injured workers
and employers of Ohio. This is accomplished by the appointment of top qualified personnel who analyze and
assess the needs and requirements of the BWC in order to ensure a quality, customer focused Workers’
Compensation system for Ohio employers & employees.
The BWC Board of Director’s members provide professional expertise, strengthened accountability and
transparency, and a broader representation of BWC’s customers. The 11 Board Members represent the
interests of Ohio workers and employers, and the public at large. The board also includes members with
professional expertise in financial accounting, investments and securities, and actuarial management. Also, as
fiduciaries of the workers’ compensation system, the board will provide independent verification of BWC’s
financial and operational performance. The board has three committees mandated by law: an actuarial, audit
and investment committee. The board also has direct power in advising BWC’s administrator and managing
the agency’s operations and policies.
The Ombuds Office provides assistance to, and resolves issues associated with customers of the Ohio workers’
compensation system in their dealings with BWC and the Industrial Commission. Ombuds provides claimants
and employers with information regarding problems arising out of BWC and commission hearing officer’s
functions, responsibilities and procedures employed in claims processing. Additionally, the staff research and
respond to inquiries of employers related to reserves established and premiums charged in connections with
employer accounts.
Finally, the Legislative Affairs team is responsible for appropriately responding to all BWC-related inquiries and
referrals that come from the General Assembly. In addition to ensuring all injured worker and employer
constituents receive the guidance they need in respect to BWC matters, the legislative liaisons work regularly
with legislators and stakeholder groups in the development of legislation that fosters sound public policy.
8 | Page

BWC ADMINISTRATION 7
99580 - Administrative Staff 2
99020 - BWC Administrator 1
63124 - Administrative Assistant 4 1
63123 - Administrative Assistant 3 2
33292 - WC Claims Rep 2 1
BWC BOARD OF DIRECTORS 12
99030 - Board Member (11 part time) 11
63124 - Administrative Assistant 4 1
OMBUDS 7
99580 - Administrative Staff 2
64436 - Public Inquiries Officer 1
64432 – Customer Service Assistant 2 1
33292 - WC Claims Rep 2 2
16832 - Executive Secretary 1 1
9 | Page

Actuarial
This division plays a key role in our initiatives to bring stability, predictability and transparency to Ohio’s
premium rates, and to ensure the long-term financial health of Ohio’s workers’ compensation system. The
division is responsible for developing and implementing a new, more accurate claims reserving system and for
ensuring fair and equitable rates for all employers.
The division also manages rate and financial reserve studies, recommends rates for employers and
recommends the amount of claims reserves to include in BWC’s financial statement.
ACTUARIAL 17
99580 - Administrative Staff 4
66795 - WC Underwriter Supervisor 3
66791 - WC Underwriter 10
Investments
This division manages the invested assets of each of our separate trust funds to ensure we can pay all workers’
compensation benefits and expense obligations when due. Using a prudent investment strategy, the division
strives to earn sufficient returns to grow the surplus over time and keep premium payments reasonable and
predictable.
INVESTMENTS 9
99580 - Administrative Staff 7
63123 - Administrative Assistant 3 1
16832 - Executive Secretary 1 1
10 | Page

Internal Audit
This division provides management personnel and the Audit Committee of the Workers’ Compensation Board
of Directors with a systematic, disciplined approach to evaluate bureau information, internal controls and
governance processes. The Internal Audit Division provides independent, objective assurance and consulting
activities designed to add value by improving operations and business processes. Bureau management and the
Audit Committee of the Workers’ Compensation Board of Directors will be presented with analyses,
recommendations, and counsel to enhance transparency and accountability.
INTERNAL AUDIT 11
99580 - Administrative Staff 2
66467 - External Audit Manager 2 1
66465 - External Auditor Supervisor 3
66463 - External Auditor 3 2
66462 - External Auditor 2 2
63216 - Management Analyst Supv 2 1
Legal
The Legal Division provides advice and assistance to the Administrator and BWC, including but not limited to,
claims procedure and policy, appeals lodged on behalf of the State Insurance Fund, and serves as legal counsel
for the State Insurance Fund in administrative appeals. Additionally, the division asserts and protects BWC’s
subrogation rights for monies due from third-party insurance carriers. The division also works with Ohio
employers and injured workers to settle claims and works with Ohio’s attorney general in court appeals and
efforts to recover debts owed to BWC. The Legal Division also works on the timely and accurate promulgation
of rules that are due for five years rule review, legislative changes, rules affected by decisions of courts, and/or
internal policy changes upon the BWC Board of Directors approval.
This division also consists of the special investigations department that aggressively pursues cases of claims
fraud, medical provider fraud and premium fraud.
LEGAL DIVISION 194
99940 - College Intern (8 part time) 8 63124 - Administrative Assistant 4 2
11 | Page

99580 - Administrative Staff 10 63123 - Administrative Assistant 3 3
66911 - Statistician 1 1 63121 - Administrative Assistant 1 1
66115 - Accountant/Examiner Supv 1 2 16832 - Executive Secretary 1 8
66114 - Accountant/Examiner 4 1 26266 - BWC Special Investigations Mgr 1
66112 - Accountant/Examiner 2 6 26265 - BWC Special Investigations Sup 7
65511 - Industrial Rehab Nurse 2 26264 - BWC Asst Special Investig Supv 4
64432 - Customer Service Assistant 2 4 26262 - BWC Fraud Analyst 26
63983 - BWC Attorney 3 7 26261 - BWC Fraud Investigator 51
63982 - BWC Attorney 2 14 26216 - Investigation Supervisor 1 1
63981 - BWC Attorney 1 11 26211 - Investigator 8
63810 - Paralegal/Legal Assistant 1 1 26121 - Criminal Investigator 1 (2 part time) 2
63271 - Records Management Officer 1 12551 - Secretary 1
63216 - Management Analyst Supv 2 (1 part time) 5 12113 - Clerk 3 2
63215 - Management Analyst Supv 1 4
Public Policy and Strategy
This division comprises of our Communications Department and our Legislative Development and Operational
Reform staff. This includes communicating important claim and premium information to customers, while also
keeping stakeholders, media outlets and the public apprised of various initiatives, programs and achievements.
Communications also oversees legislative affairs that maintains a direct line of communication with Ohio
lawmakers, and responds to all BWC-related inquiries and referrals from the Ohio General Assembly.
POLICY & STRATEGY 22
99580 - Administrative Staff 4 63216 - Management Analyst Supv 2 2
82212 - Photojournalist 1 63215 - Management Analyst Supv 1 2
82121 - Layout Design Artist 1 52662 - Electronic Design Specialist 2
12 | Page

64422 - Public Information Officer 2 1 52661 - Electronic Design Coordinator 3
64421 - Public Information Officer 1 5 52643 - Videographer 1
Human Resources
The Human Resources Division consists of personnel & benefits, training and safety services for approximately
2,000 employees. The division also handles labor relations issues and maintains equal employment
opportunity regulations throughout the agency. The Human Resources Division works to ensure consistency of
policies and procedures in accordance with the Ohio Revised Code, the Ohio Administrative Code and
collective bargaining agreements. Also, the division works to provide a safe working environment for all BWC
employees and visitors and effectively manage Workers’ Compensation and disability claims.
HUMAN RESOURCES 61
99580 - Administrative Staff 6 63473 - Labor Relations Officer 3 3
69923 - Information Technologist 3 1 63216 - Management Analyst Supv 2 3
65511 - Employee Health Nurse (3 Part Time) 4 63211 - Management Analyst 3
64673 - Personnel Testing Specialist 3 1 63124 - Administrative Assistant 4 2
64655 - Training Supervisor 5 63123 - Administrative Assistant 3 4
64652 - Training Officer 15 63122 - Administrative Assistant 2 2
64613 - Human Capital Mgt Sr Analyst 1 52662 - Electronic Design Specialist 2
64612 - Human Capital Mgt Analyst 3 16832 - Executive Secretary 1 2
64432 - Customer Service Assistant 2 1 12551 - Secretary 2
64431 - Customer Service Assistant 1 1 12112 - Clerk 2 1
13 | Page

Medical Services and Pharmacy
This division facilitates the interface between the injured worker, the employer, the provider and BWC to
provide cost-effective medical and rehabilitation services and claims administration.
MEDICAL SERVICES 110
99580 - Administrative Staff (1 Part Time) 9 63211 - Management Analyst 14
69775 - Industrial Rehabilitation Supv 1 63133 - Administrative Officer 3 1
69772 - Indust Rehab Case Mgt Sp Coord 1 63132 - Administrative Officer 2 1
65565 - Industrial Rehab Nurse Supv 1 63124 - Administrative Assistant 4 1
65561 - Industrial Rehab Nurse 17 63123 - Administrative Assistant 3 1
64433 - Customer Service Assistant 3 2 63122 - Administrative Assistant 2 2
64432 - Customer Service Assistant 2 4 16832 - Executive Secretary 1 4
64431 - Customer Service Assistant 1 6 16725 - WC Med Claims Sp Su 1
63352 - Technical Medical Specialist 1 16721 - WC Medical Claim Spec 10
63341 - Technical Vocational Rehab Spec 2 12513 - Office Assistant 3 2
63321 - Technical Claims Specialist 7 12113 - Clerk 3 2
63216 - Management Analyst Supv 2 9 12112 - Clerk 2 1
63215 - Management Analyst Supv 1 7 33292 - WC Claims Rep 2 1
61314 - Deputy Director 4 1 33293 - WC Claims Rep 3 1
14 | Page

Field Operations
This division houses BWC’s customer contact center and administers 14 customer service offices throughout
Ohio. These facilities — located in Cambridge, Canton, Columbus, Cleveland, Dayton, Garfield Heights,
Governor’s Hill, Hamilton, Lima, Logan, Mansfield, Portsmouth, Toledo and Youngstown — serve as the
primary points of contact for injured workers and employers in Ohio’s 88 counties.
FIELD OPERATIONS 1,018
99610 - Student Help (3 part time) 3 24484 - Indust Safety Consultant Spec 48
99580 - Administrative Staff 16 24474 - Industrial Safety Hygienist 4 23
69771 - Industrial Rehab Case Mgt Sp 42 16832 - Executive Secretary 1 12
66435 - WC External Audit/Emp Srvcs Supv 18 16726 - WC Claims Specialist Supv 52
66432 - Employee Services Specialist 39 16725 - WC Med Claims Sp Su 6
66112 - Accountant/Examiner 2 19 16722 - WC Claims Specialist 351
65565 - Industrial Rehab Nurse Supv 1 16721 - WC Medical Claim Sp 49
65561 - Industrial Rehab Nurse 40 16720 - WC Claims Assistant 75
64475 - WC Information Supv 13 12115 - Clerical Supervisor 3
63216 - Management Analyst Supv 2 2 12113 - Clerk 3 110
63122 - Administrative Assistant 2 9 12112 - Clerk 2 4
33294 - WC Claims Rep 4 62 12111 - Clerk 1 1
24513 - Ergonomist 3 20
Customer Services - BWC’s Contact Center and Employer Compliance
The BWC Contact Center is the in-bound call center responsible for claim and policy inquiries received through
1-800-OHIOBWC. It also handles BWC's Web chat and the Contact Us e-mail box. The Employer Compliance
unit identifies and works with non-compliant employers to ensure compliance with workers’ compensation
coverage requirements.
15 | Page

Customer Services 82
99580 - Administrative Staff 1 63521 - BWC Employer Service Rep (4 part time) 17
63123 - Administrative Assistant 3 1 63216 - Management Analyst Supv 2 5
99580 - Administrative Staff 2 63215 - Management Analyst Supv 1 2
66432 - Employee Services Specialist 8 63211 - Management Analyst 3
66431 - Workers' Comp External Auditor 2 63124 - Administrative Assistant 4 1
66112 - Accountant/Examiner 2 3 63123 - Administrative Assistant 3 1
64451 - BWC Customer Service Rep (3 part time) 20 63122 - Administrative Assistant 2 1
64436 - Public Inquiries Officer 5 33411 - BWC Customer Service Rep 5
64431 - Customer Service Assistant 1 2 16832 - Executive Secretary 1 2
Employer Management Services including Safety & Hygiene
EMS works to develop and implement employer programs to reduce coverage premiums, audit employer sites
and payroll records to ensure premiums are properly reported and enroll and collect employer premium
payments. Safety & Hygiene, a department dedicated to preventing accidents and injuries on the job, provides
a wide variety of occupational safety and health services to Ohio employers and employees. Primary services
include: safety education and training, safety councils, safety congress, safety grants and loan programs, onsite
and field consulting safety services, and library services.
EMPLOYER MANAGEMENT SERVICES 183
99940 - College Intern (3 part time) 7 64314 - Librarian 2 (Degreed) 2
99580 - Administrative Staff 5 63531 - BWC Underwriting Consultant 7
84411 - Electronic Technician 1 63216 - Management Analyst Supv 2 21
66911 - Statistician 1 1 63215 - Management Analyst Supv 1 3
66795 - WC Underwriter Supv 2 63131 - Administrative Officer 1 1
16 | Page

66791 - WC Underwriter 11 63124 - Administrative Assistant 4 1
66471 - BWC Technical Resource Consult 1 63123 - Administrative Assistant 3 1
66435 - WC External Audit/Emp Srvcs Su 5 63122 - Administrative Assistant 2 3
66431 - Workers' Comp External Auditor 35
62222 - Board/Commission Member 2 (2 part
time) 2
66116 - Accountant/Examiner Supv 2 3 24474 - Industrial Safety Hygienist 4 5
66114 - Accountant/Examiner 4 2 24453 - Industrial Safety Administrator 2
66112 - Accountant/Examiner 2 27 24442 - Safety And Health Consultant 15
64652 - Training Officer 1 16832 - Executive Secretary1 6
64432 - Customer Service Assistant 2 3 12612 - Word Processing Specialist 2 2
64431 - Customer Service Assistant 1 2 12551 - Secretary 1
64320 - Library Administrator 1 1 12113 - Clerk 3 4
Fiscal and Planning
This division provides general accounting support services (accounting office) and fiscal planning (fiscal
operations department) for the agency. This is accomplished through handling the receipt and distribution of
agency funds, including benefits payable to injured workers, MCOs and medical providers. The division also
handles the agency’s payroll function, prepares budgets, handles purchasing and maintains general ledgers
and financial reporting for seven funds administered by the agency.
FISCAL & PLANNING 98
99940 - College Intern (2 Part time) 2 63252 - Budget Analyst 2 3
99610 - Student Help (7 Part time) 7 63216 - Management Analyst Supv 2 1
99580 - Administrative Staff 7 63215 - Management Analyst Supv 1 2
85823 - Design Specialist 3 2 63124 - Administrative Assistant 4 1
84597 - Real Estate Administrator 2 1 63121 - Administrative Assistant 1 1
17 | Page

84596 - Real Estate Administrator 1 1 53832 - Mover 2 2
66538 - Fiscal Officer 4 1 53821 - Delivery Worker 3
66537 - Fiscal Officer 3 2 52642 - Audio/Visual Production Spec 1
66536 - Fiscal Officer 2 6 52145 - Motor Fleet Coordinator Supv 1
66535 - Fiscal Officer 1 1 52142 - Motor Fleet Coordinator Spec 1
66532 - Fiscal Specialist 2 3 16832 - Executive Secretary 1 2
66531 - Fiscal Specialist 1 5 16513 - Account Clerk 3 1
66116 - Accountant/Examiner Supv 2 2 16512 - Account Clerk 2 2
66114 - Accountant/Examiner 4 3 14742 - Storekeeper 2 2
66112 - Accountant/Examiner 2 5 12551 - Secretary 1
64555 - Inventory Control Spec Supv 1 12513 - Office Assistant 3 1
64552 - Inventory Control Specialist 2 4 12422 - Reproduction Equip Operator 2 2
64523 - Purchasing Coordinator 5 12115 - Clerical Supervisor 2
64431 - Customer Service Assistant 1 1 12113 - Clerk 3 8
63255 - Budget Analyst Supervisor 1 1 12111 - Clerk 1 1
Information Technology (IT)
This division enables, supports and achieves our operational, financial and customer service goals through
reliable, up-to-date and convenient online services and technology.
INFORMATION TECHNOLOGY 221
99580 - Administrative Staff 10 63381 - Project Manager 1 1
69963 - Business Process Analyst 3 5 63216 - Management Analyst Supv 2 1
69962 - Business Process Analyst 2 (1 Part time) 17 63215 - Management Analyst Supv 1 1
69953 - Database Administration Spec 3 11 63211 - Management Analyst 1
18 | Page

69952 - Database Administration Spec 2 2 63122 - Administrative Assistant 2 1
69944 - Software Development Spec 4 2 52495 - Telecomm Analyst Sup 1
69943 - Software Development Spec 3 18 52491 - Telecommunications Analyst 1 1
69942 - Software Development Spec 2 13 52413 - Telecom Tech Coordinator 1
69941 - Software Development Spec 1 11 16832 - Executive Secretary 1 3
69934 - Infrastructure Specialist 4 9 12824 - Data Systems Scheduler 4 1
69933 - Infrastructure Specialist 3 7 12823 - Data Systems Scheduler 3 1
69932 - Infrastructure Specialist 2 33 12612 - Word Processing Specialist 2 1
69931 - Infrastructure Specialist 1 12 12551 – Secretary 1
69921 - Information Technologist 1 7 12392 - Data Systems Coordinator 2 1
67196 - Network Services Supervisor 5 12391 - Data Systems Coordinator 1 1
67115 - Telecomm Systems Analyst Supv 1 12386 - Data Security Supervisor 2 1
64196 - Systems Programmer Supv 2 2 12382 - Data Security Analyst 2 1
64163 - Info Technology Consultant 3 3 12381 - Data Security Analyst 1 2
64157 - Data Base Administrator 2 2 12376 - Computer Operations Supv 2 2
64133 - Information Technology Mgr 2 8 12375 - Computer Operations Supv 1 3
64132 - Information Technology Mgr 1 1 12372 - Computer Operator 3 9
64119 - Information Technology Supv 3 5 12342 - Data Librarian 2 1
63382 - Project Manager 2 1
19 | Page

ATTACHMENT A: 4
Agency EEO Workforce Report
FEMALE
MALE
Asian/Pacific
Islander
African
American
Hispanic/Latinos
American
Indian/AK
Native
Multi
Not
Disclosed
White
Total
Asian/Pacific
Islander
African
American
Hispanic/Latinos
American
Indian/AK
Native
07/01/2010 20 403 10 4 1 87 954 1479 11 102 3 1 55 614 786 2265
08/01/2010 20 400 10 4 1 87 941 1463 11 102 3 1 55 609 781 2244
Not
Disclosed
White
Total
Grand
Total
09/01/2010 20 396 10 4 1 84 931 1446 11 101 3 1 55 607 778 2224
10/01/2010 20 396 10 4 1 84 925 1440 11 100 3 1 55 606 776 2216
11/01/2010 20 394 10 4 1 83 921 1433 11 98 3 1 54 605 772 2205
12/01/2010 20 395 10 3 1 81 911 1421 11 98 3 1 54 604 771 2192
01/01/2011 19 376 10 3 1 77 898 1384 11 94 3 1 51 599 759 2143
02/01/2011 19 370 10 3 1 73 891 1367 11 92 3 1 50 595 752 2119
03/01/2011 19 369 10 3 1 74 886 1362 11 92 3 1 52 594 753 2115
04/01/2011 19 363 10 3 1 73 880 1349 11 92 3 1 50 588 745 2094
05/01/2011 19 359 10 3 1 73 867 1332 11 92 3 1 49 586 742 2074
06/01/2011 19 355 10 3 1 73 858 1319 10 91 3 1 50 584 739 2058
20 | Page

ATTACHMENT B: 5
EEO Manager Duties and Experience
The EEO Manager is responsible for planning, developing and administering the Bureau’s
Affirmative Action and Compliance programs for approximately 2,000 employees. The
Manager’s duties include planning, directing and establishing policies and procedures for the
EEO Department and the overall agency, ensuring that the Bureau’s EEO program complies with
state and federal law, giving presentations to both internal and external groups such as
executive staff, state agencies and EEO officials. The EEO Manager is further responsible for
managing the Bureau’s EEO complain and reasonable accommodation processes. The EEO
Manager is also responsible for the preparation and implementation of the EEO Department’s
budget. In addition, the EEO Manager is responsible for ensuring that all employees are aware
of the EEO policies and what they need to do if they have a concern or complaint.
The EEO Manager has been employed with BWC since December 22, 1996, when she was
initially hired as an EEO Regional Program Administrator. Effective January 20, 2008, she was
promoted to the EEO Manager position.
21 | Page

Attachment B: 6
Classification and Position Description for Sheri Fitzpatrick
POSITION
DESCRIPTION
DIVISION OR INSTITUTION
Human Resources
UNIT OR OFFICE
Equal Employment Office
AGENCY/DEPT ID BWC
COUNTY OF EMPLOYMENT
Franklin
855-000U
CODE JOB TITLE POSITION NUMBER
9580 ADMINISTRATIVE STAFF 20067167
Reclassification New Position Update Position Hyperlinked to
Agency Organizational Tree
USUAL WORKING TITLE OF POSITION
EEO Manager
POSITION NO. AND TITLE OF IMMEDIATE SUPERVISOR
20067163 - Administrative Staff
Permanent Classified Overtime: Eligible Exempt
Bargaining Unit 22
Temporary
Intermittent Unclassified If FLSA Exempt, exemption type:
Page 1 of 2
Professional
NORMAL WORKING HOURS (Explain unusual or rotating shift):
FROM: 8:00 a.m. TO: 4:45 p.m.
JOB DESCRIPTION AND WORKER CHARACTERISTICS
% Job Duties in Order of Importance Knowledge, Skills & Abilities
60% Under direction from the Chief Human Resources Officer, plans KNOWLEDGE OF: EEO & affirmative action regulations;
develops & administers the Bureau of Workers’ Compensation’s civil service laws, rules & regulations; BWC personnel
affirmative action program agency-wide including the development & policies & procedures*; federal & laws and rules
implementation of affirmative action plan & related compliance governing fair labor practices; (i.e., equal employment
programs, management of the Bureau’s EEO complaint process & opportunity law); supervisory principles/techniques;
agency Minority Business Enterprise program; responsible for interviewing; public relations; labor relations; recruitment;
ensuring proper personnel & labor procedures in regard to Civil human resources training & development; knowledge of
Rights laws & ensures the Bureau’s overall program compliance with Minority Business Program compliance.
state & federal regulations including Civil Rights Act, administrative SKILL IN: operation of personal computer.
rules, executive orders, Age Discrimination in Employment Act & the ABILITY TO: define problems, collect data, establish facts
Americans with Disabilities Act; makes recommendations to
& draw valid conclusions; calculate fractions, decimal &
executive staff including the BWC Administrator regarding needed percentages; prepare meaningful, concise & accurate
corrections or improvements; develops & reviews policies &
reports; collate & classify information; handle sensitive
procedures for the Bureau; advises the Bureau with respect to the inquiries from & contacts with officials & general public.
employment process including the appropriate use & functions of
employee testing; develops the Bureau’s Civil Rights plans &
coordinates the preparation of EEO reports to the BWC
Administrator.
30%
Provides supervision, consultation & technical assistance on a
statewide basis interpreting civil service rules & regulations, labor
agreements & EEO laws; plans & conducts meetings, seminars &
conferences; develops & delivers training programs; coordinates &
maintains liaison with various organizations & agencies (e.g., Urban
League, NAACP); represents the Bureau in various meetings,
committees & conferences with respect to civil rights & affirmative
action matters; responsible for designing & conducting interviewing
training programs, evaluation procedures, informational policies
handbooks, recruitment manuals & interviewing technique
guidelines.
KNOWLEDGE OF: Same as above.
SKILL IN: Same as above.
ABILITY TO: Same as above.
22 | Page

POSITION
DESCRIPTION
DIVISION OR INSTITUTION
Human Resources
UNIT OR OFFICE
Equal Employment Office
AGENCY/DEPT ID BWC
COUNTY OF EMPLOYMENT
Franklin
855-000U
JOB CODE JOB TITLE POSITION NUMBER
99580 ADMINISTRATIVE STAFF 20067167
Reclassification New Position Update Position Hyperlinked to
Agency Organizational Tree
USUAL WORKING TITLE OF POSITION
EEO Manager
POSITION NO. AND TITLE OF IMMEDIATE SUPERVISOR
20067163 - Administrative Staff
Permanent Classified Overtime: Eligible Exempt
Bargaining Unit
Temporary
Intermittent Unclassified If FLSA Exempt, exemption type:
Page 2 of 2
NORMAL WORKING HOURS (Explain unusual or rotating shift):
FROM: 8:00 a.m. TO: 4:45 p.m.
JOB DESCRIPTION AND WORKER CHARACTERISTICS
% Job Duties in Order of Importance Knowledge, Skills & Abilities
10% Assures overall agency compliance with the full range of Civil Rights legislation;
responds to complaints related to civil rights; manages complaints & charges;
performs & supervises investigations related to the above
List Position Numbers & Job Titles of Positions Directly
Supervised:
ADM 4107 R 10-08
An Equal Opportunity Employer
KNOWLEDGE OF: Same as above.
SKILL IN: Same as above.
ABILITY TO: Same as above.
(*) Developed after employment.
This position is unclassified & exempt from classified
service pursuant to ORC 124.11.
THIS POSITION IS OVERTIME EXEMPT.
The final external applicant selected for
this position will be required to submit to
urinalysis prior to appointment to test for
illegal drug use. An applicant with a
positive test result will not be offered
employment.
THIS POSITION REQUIRES TRAVEL; THEREFORE,
PERSON OCCUPYING THIS POSITION MUST BE
ABLE TO PROVIDE THEIR OWN TRANSPORTATION
&/OR LEGALLY OPERATE A STATE OWNED
VEHICLE.
SIGNATURE OF AGENCY REPRESENTATIVE
DATE
9/13/2010
23 | Page

Attachment B: 7
EEO Flow Chart
STEPHEN P. BUEHRER
BWC Administrator
PN 20066053
TONI BROKAW
Administrative Staff
Chief Human Resource Officer
PN 20067163
SHERI FITZPATRICK
Administrative Staff
Manager of EEO
PN 20067167
24 | Page

Attachment B: 8
Agency EEO Policies
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the Ohio Bureau of Workers’ Compensation (BWC) to maintain a work environment that
is free of discrimination and harassment based on race, color, religion, gender, national origin, ancestry,
military status (past, present or future), disability, age (40 years of age or older), genetic information,
sexual orientation or retaliation. This policy applies to all employees, officers, applicants, customers,
vendors, interns, clients, temporaries, contractors and consultants.
BWC is committed to taking action to address existing concerns and improve our Equal Employment
Opportunity program. Accordingly, we have developed an EEO Strategic Plan that outlines the process
and procedures that will be used to ensure that equal employment opportunity is a reality at BWC.
It is the policy of BWC to fully comply with the State of Ohio’s Equal Employment Opportunity program
and all applicable state and federal laws, rules, regulations, and guidelines as they relate to nondiscrimination
in employment. Discrimination against applicants and employees based on race, color,
religion, gender, national origin, ancestry, military status (past, present or future), disability, age (40
years of age or older), genetic information, sexual orientation or retaliation is illegal. Additionally, BWC
expects all employees to observe the highest standards of professional conduct. The conduct described
in this policy is strictly prohibited regardless of whether or not it constitutes a violation of federal or state
discrimination laws.
All employees should respect the rights, opinions, and beliefs of others. Harassment of any employee
because of race, color, religion, gender, national origin, ancestry, military status (past, present or future),
disability, age (40 years of age or older), genetic information, sexual orientation or retaliation is strictly
prohibited. Harassment may consist of unwelcome conduct, whether verbal physical or visual, which is
based upon a person’s protected status. BWC will not tolerate harassing conduct that affects tangible
job benefits, that interferes unreasonably with an individual’s work performance, or that creates an
intimidating, hostile, or offensive work environment.
Sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other
physical, verbal or visual conduct based upon sex when (1) submission to the conduct is an explicit term
or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an
employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile, or offensive work environment.
INVESTIGATIVE PROCEDURES
1. Any BWC employee who believes that he or she is the victim of discrimination or harassment
should communicate the specific incident of alleged discrimination to his or her supervisor. The
employee may choose to report the incident directly to BWC’s EEO Department, the Chief
Human Resources Officer or the Chief Legal Officer.
2. BWC will promptly and thoroughly investigate any complaint or any report of a violation of this
policy. Employees at all levels of BWC are expected to cooperate in an investigation. The failure
of any employee to cooperate during the course of an investigation may result in appropriate
25 | Page

disciplinary action. The complaining party may at any time inquire as to the status of the
investigation.
3. All BWC supervisory personnel are required to respond to every complaint or any report received
of a possible violation of this policy by: 1) obtaining written statements from both the complaining
party and the person(s) who is alleged to have engaged in such violation, as well as all
individuals having relevant information concerning the complaint; and 2) reporting the incident
and submitting the information obtained to BWC’s EEO Department within twenty-four (24) hours
of the incident. Supervisors who are aware of any violation of this policy and who fail to take each
complaint seriously, or who fail to follow the procedures contained in this policy will be subject to
disciplinary action, up to and including a reduction in pay or position, or removal.
4. After the receipt of the complaint, the EEO Department will notify the person accused of
engaging in improper activity that the issue has been brought to the attention of the EEO
Department.
5. The EEO Department will notify the complainant if a formal investigation by the EEO Department
will be conducted. If circumstances warrant, the complainant’s supervisor will also be notified.
6. If formal investigation is warranted, the EEO Department will conduct further interviews with both
the complainant and the person(s) who is alleged to have engaged in discriminatory act(s).
7. The EEO Department may also interview anyone who has been identified as having relevant
information concerning any aspect of the issues.
8. The EEO Department will prepare written statements detailing the information obtained during
each interview. This information will be provided to each witness for his or her review and she or
he will be asked to sign a copy certifying its accuracy.
9. Once the evidence has been gathered, the findings will be reported to the Director of EEO for his
or her review.
10. If the Director of EEO determines that a violation of this policy has occurred or further
administrative action is warranted, he or she will meet with the Chief Human Resources Officer
and Chief Legal Officer to discuss the incident and make appropriate recommendations.
11. The results of the investigation and any action taken will be discussed with both the complainant,
the complainant’s supervisor and the person(s) alleged to have engaged in discriminatory
practices.
PENALTIES FOR VIOLATIONS OF THIS POLICY
If an investigation confirms that a violation of this policy has occurred, BWC will take appropriate
corrective action, including discipline. Depending on the circumstances, the disciplinary action may
range from counseling, a reprimand or removal. Appropriate training may also be recommended. An
employee has the right to appeal BWC’s findings to the Ohio Department of Administrative Services
Equal Employment Opportunity Division within fifteen (15) days.
26 | Page

No reprisal, retaliation, or other adverse action will be taken against any employee for making in good
faith, a complaint or report of discrimination or harassment, or for assisting in good faith, in the
investigation of any such complaint or report. Any suspected retaliation or intimidation should be
reported immediately to one of the persons described above.
A complaint or report that this policy has been violated is a serious matter. Dishonest or fabricated
complaints or reports are also a violation of this policy, and BWC will take appropriate disciplinary action
if its investigation shows that deliberately dishonest, false or bad faith accusations have been made.
ADDITIONAL INFORMATION
If you have any questions about this policy, please contact the EEO Director at (614) 728-9537 for
additional information. Information is also available from the State of Ohio’s Equal Opportunity Division
which is located at 30 East Broad Street, 18th Floor, Columbus, OH 43215-3414
or by telephone at (614) 466-8380. In addition to following the reporting procedure outlined in this
policy, you may file with the Ohio Civil Rights Commission (“OCRC”) within six months or with the Equal
Employment Opportunity Commission (“EEOC”) within three hundred days of the alleged incident.
_________________________________
Administrator
9/1/2011
_______________________
Effective Date
Revised (09/11)
27 | Page

Americans with Disabilities Act (ADA) Policy
POLICY STATEMENT
It is the policy and practice of the Ohio Bureau of Workers’ Compensation (BWC) to comply fully with the
Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 (ADAAA), and
ensure equal employment opportunities and reasonable accommodation for Qualified Individuals with
Disabilities. BWC is also committed to ensuring non-discrimination in all terms, conditions and privileges
of employment.
INTRODUCTION
A. It is a violation of BWC policy to discriminate in employment against a qualified person in regard
to any employment practice or term, condition, or privilege of employment because that person
currently has a disability, at one time had a disability, or is regarded as having a disability. It is
also a violation of this policy to deny an employment opportunity or benefit or to otherwise
discriminate against an individual, whether or not the individual has a disability, because that
individual has a known relationship or association with a person who has a disability. This
prohibition applies to job application procedures, hiring, advancement, and discharge of
employees; employee compensation; job training; and all other terms and conditions of
employment.
B. It is BWC policy to determine essential job functions based upon an individualized inquiry into
each position filled and to determine whether the person with a disability can perform these
functions unaided or with reasonable accommodation.
C. It is against BWC policy to use qualification standards or selection criteria that would screen out,
or tend to screen out, individuals with disabilities, unless such measures are both job related and
necessary to the safe and efficient operation of the business.
D. The affirmative obligation to provide reasonable accommodation applies to individuals seeking
employment with BWC and to current employees who have a qualified disability under the ADA.
RESPONSIBILITIES
The EEO Manager is responsible for reviewing and providing reasonable accommodations for qualified
individuals with disabilities. It is the obligation of all BWC employees to adhere to this policy in their
areas of responsibility.
Accommodation Process
The employee should submit a copy of BWC’s ADA Reasonable Accommodation Request
Questionnaire and submit a release of medical information to the EEO Manager.
The EEO Manager will review the request and follow a four-step process in assessing the request.
28 | Page

A. Analyze the employee’s information to determine whether the employee is disabled pursuant to
the ADA. If the employee is not disabled pursuant to the ADA, they will be notified that their
request for reasonable accommodation will be denied.
B. If the EEO Manager determines that the employee is disabled pursuant to the ADA, the
employee’s job description will be reviewed to determine the essential functions. The EEO
Manager will then contact the employee’s physician to determine the employee’s abilities and
limitations for performing the essential functions of the job.
C. Determine the employee’s abilities and limitations in consultation with the employee, BWC
management, and the employee’s physician.
D. Identify potential accommodations and assess their effectiveness with the employee.
DEFINITIONS
For purposes of this policy and guidelines, the following definitions apply:
A. Disability - A physical or mental impairment that substantially limits one or more major life
activities of an individual; a record (or past history) of such an impairment; or being regarded as
having a disability.
B. Qualified individual with a disability - An individual with a disability who, with or without
reasonable accommodation can perform essential functions of the employment position that such
individual holds or desires.
C. Essential job functions - Those functions actually performed in the job, the removal of which
would fundamentally alter the position. To determine whether a function is essential, it must be
determined whether the position exists to perform that function and whether there are other
employees available to share that function, as well as the degree of expertise required to perform
the function. Whether a function is essential also depends on the content of the written job
descriptions, the terms of any applicable collective bargaining agreement, the time spent
performing the particular function, and the consequences of failing to require the employee to
perform the function.
D. Reasonable accommodation - A modification or adjustment to a job, the work environment or the
workflow that enables a qualified individual with a disability to perform essential job functions.
Such accommodation is required unless it poses an undue hardship on the employer. The
determination of what accommodation is reasonable in a particular situation involves a process in
which the department and the employee identify the precise limitations imposed by the disability
and explore potential accommodations that would overcome those limitations.
E. Undue hardship - Any accommodation that is substantial, disruptive, unduly costly or would
fundamentally alter the nature or operation of the department.
F. Major life activities - Activities that are of central importance an individual’s daily life such as
caring for oneself, performing manual tasks, walking sitting, standing, lifting, reaching, seeing,
hearing, speaking, breathing, learning and working. This list is not exhaustive.
29 | Page

G. Substantially limits - An impairment that significantly restricts the duration, manner or condition
under which an individual can perform a particular major life activity as compared to the ability of
the average person in the general population to perform the same major life activity.
COMPLAINT PROCESS
Individuals who believe they have been treated in a discriminatory manner in violation of this policy
should contact: The State of Ohio’s Equal Opportunity Division which is located at 30 East Broad Street,
18th Floor, Columbus, OH 43215-3414 or by telephone at (614) 466-8380. In addition an individual may
file a charge of discrimination with the Ohio Civil Rights Commission (“OCRC”) within six months or with
the Equal Employment Opportunity Commission (“EEOC”) within three hundred days of the alleged acts.
WORKPLACE MODIFICATIONS WHEN AN EMPLOYEE DOES NOT MEET THE DEFINITION OF
“DISABILITY”
BWC recognizes that there may be situations where an employee has a medical condition that does not
constitute a disability under the ADA, but is granted workplace modifications as a result of a Transitional
Work Program developed by Disability Management, pregnancy, safety concerns, or where an
employee has a medical condition stemming from a workplace accident. In these situations, BWC is not
regarding the employee as disabled, but is instead taking proactive measures to permit the employee to
remain in the workplace and assist them to perform their job duties.
• In situations where an employee is returning to work from a medical condition that is not the
result of a workplace accident, the EEO Department will refer the matter to the Disability
Management Section, who will review the employee’s medical information and make appropriate
recommendations.
• In situations where an employee has a medical condition that requires workplace modifications to
ensure their safety and well-being, or if the employee is pregnant and requires workplace
modifications, the EEO Department will refer the matter to the employee’s management, who will
address these matters.
• Finally, where an employee has a medical condition stemming from a workplace accident does
not constitute a disability under the ADA, but requires workplace modifications to ensure the
employee’s safety and well being, the EEO Department will refer the matter to the Workers’
Compensation Program Administration and/or Safety Administration departments.
_________________________________
Administrator
9/1/2011
_______________________
Effective Date
Revised (09/11)
30 | Page

ANTI-HARASSMENT POLICY
PURPOSE:
To advise all employees and customers that harassment based upon race, color,
religion, gender, national origin, ancestry, military status (past, present or future), disability, age (40
years of age or older), genetic information, sexual orientation or retaliation as defined in this policy, will
not be tolerated by the Ohio Bureau of Workers’ Compensation (BWC) and to establish procedures for
reporting allegations of harassment.
POLICY:
It is the policy of the Ohio Bureau of Workers’ Compensation (BWC) to maintain a work environment free
from any discrimination and to prohibit harassment of applicants, customers, vendors, interns, clients,
temporaries, contractors, consultants and employees.
Any employee who believes that he/she is a victim of harassment based upon race, color, religion,
gender, national origin, ancestry, military status (past, present or future), disability,
age (40 years of age or older), genetic information, sexual orientation or retaliation should immediately
report such incident(s) to the BWC EEO Department or a manager/supervisor. All
managers/supervisors are required to report any incident of harassment based upon the above
to the EEO Department within twenty four (24) hours once they have been made aware of the
incident. Every attempt will be made to resolve these issues within the agency. In the event an
employee elects to file a formal complaint within the jurisdiction of the State of Ohio, it should be filed
with the Ohio Department of Administrative Services, Equal Opportunity Division within thirty (30) days
of the most recent incident of harassment. One may also file with the Ohio Civil Rights Commission
(OCRC) within six (6) months or the Federal Equal Employment Opportunity Commission (EEOC) within
three hundred (300) days of the alleged acts.
BWC is committed to promptly responding to each complaint, and conducting a thorough investigation
whenever; (1) an employee alleges that harassment based upon race, color, religion, gender, national
origin, ancestry, military status (past, present or future), disability, age (40 years of age or older), genetic
information, sexual orientation or retaliation has taken place; (2) a supervisor or manager observes
something which may constitute harassment based upon race, color, religion, gender, national origin,
ancestry, military status (past, present or future), disability, age (40 years of age or older), genetic
information, sexual orientation or retaliation, or (3) the department receives information concerning a
possible instance or incident of harassment based upon race, color, religion, gender, national origin,
ancestry, military status (past, present or future), disability, age (40 years of age or older), genetic
information, sexual orientation or retaliation.
BWC will make every attempt to satisfactorily resolve the matter internally.
Furthermore, BWC ensures that no retaliatory action will be taken against any individual who files an
EEO complaint or participates in an EEO investigation.
DEFINITIONS:
Harassment is conduct towards another person or identifiable group of persons including, but not limited
to, unwelcome comments or other conduct that unreasonably interferes with an individual's work
31 | Page

performance or creates an intimidating, hostile, or offensive environment for that individual's work
performance.
A. Racial Harassment is conduct directed toward another person (or identifiable group of persons)
on the basis of race, color, national origin, or ancestry that has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an intimidating,
hostile, or offensive environment or that unreasonably interferes with an individual's work
performance. The conduct may be words, gestures, or actions.
B. Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors as
well as other verbal or physical conduct of a sexual nature when any one of the following criteria
are met:
1. Submission to such conduct is made either explicitly or implicitly, a term or condition of
the individual’s employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creates an intimidating, hostile or offensive work environment.
C. Retaliatory Harassment is conduct directed toward an individual because such individual has
made a complaint of harassment based upon race, color, religion, gender, national origin,
ancestry, military status (past, present or future), disability, age (40 years of age or older),
genetic information, sexual orientation or has participated in any manner in an investigation or
proceeding involving the same.
INVESTIGATIVE PROCEDURES:
The Investigative Procedures set forth in the Ohio Bureau of Workers’ Compensation’s
Equal Opportunity Policy shall be utilized during investigations of all harassment complaints.
If you have questions regarding this policy, please contact Sheri Fitzpatrick, EEO Manager at (614) 728-
9537 or FAX (614) 621-5727.
_________________________________
Administrator
9/1/2011
_______________________
Effective Date
Revised (09/11)
32 | Page

Attachment B: 9
EEO Discrimination Complaint Management
The EEO Manager began working for the Ohio Bureau of Worker’s Compensation (BWC) in
December 1996 as an EEO regional Program Administrator and was promoted to the EEO
Manager position in January 2008.
The EEO Manager has attended numerous EEO related training seminars. Specifically, she
attended a one week course sponsored by the National Association of ADA coordinators covering
the Americans with Disabilities Act; received Conflict Management Awareness Training sponsored
by the Ohio Department of Administrative Services Equal Opportunity Division and the Ohio
Commission on Dispute Resolution and Conflict Management; attend the seminar Public Sector –
How to Conduct an internal Investigation sponsored by the Council on Education in Management;
attended training in the Conference on the and Federal Personnel Laws sponsored by Human
Resources Council; attended Ohio Department of Administrative Services Equal Opportunity
Divisions’ ADA Inclusion, Access and Compliance Training as well as their Discrimination
Investigation Training. In addition, the EEO Manager attended the 2007 Technical Assistance
Program Seminar sponsored by the U.S. Equal Employment Opportunity Commission and has
attended the annual legal update seminars conducted by the Ohio Attorney General’s office. She
also participated in numerous training sessions from BWC Consultants hired to conduct training in
Laws Governing Workplace Behavior and Cultural Diversity training. In addition, the EEO Manager
has attended the mandatory Ethics training sessions required by the Governor.
33 | Page

Attachment B: 10
EEO Postings
Manager Name Title SO Address Telephone
Number
Anderson, Jerry Manager, Youngstown Service Office 242 Federal Plaza W, Suite 200
330-797-6385
Youngstown, OH 44503-1206
Cooper, Tina Manager, Hamilton Service Office One Renaissance Center
513-785-4555
345 High Street
Hamilton, OH 45011
Delgado,
Manager, Toledo Service Office 1 Government Center #1236
419-327-8988
Bernadette
Toledo, OH 43604-0794
Farmer, Doug Manager, Central Office 30 W. Spring Street, L23
614-466-6663
Columbus, OH 43215-2256
Gallagher, Therese Manager, Cleveland Service Office 615 W. Superior Ave. L6
216-787-3070
Cleveland, OH 44113-1889
Hampton, Sheilah Manager, Garfield Heights Service Office 4800 East 131 st Street
216-584-0120
Garfield Heights, OH 44105
Harris, Patricia Manager, Governor’s Hill Service Office 8650 Governor’s Hill Drive
513-583-4512
Cincinnati, OH 45249
Harrison, Trena Interim Manager, Canton Service Office 400 Third Street SE, Suite 2
330-471-0186
Canton, OH 44702
Neugebauer, Hans Manager, Cambridge Service Office 61501 Southgate Parkway
740-435-4215
Cambridge, OH 43725
Smith, Belinda Interim Manager, Portsmouth Service
1005 Fourth Street
740-353-6125
Office
Portsmouth, OH 45662-4315
Smith-Goff, Sandra Manager, Dayton Service Office Manager 3401 Park Center Drive
937-264-5081
Dayton Ohio 45413-0910
Sourek, Michael Interim Manager, Mansfield Service
240 Tappan Drive North
419-529-7629
Office
Mansfield, OH 44906-8051
Stevenson, Jill
Thrapp, Karen
Manager, Col/Logan Service Offices
Asst. Manager, Col/Logan Service Offices
Columbus Office, 30 W. Spring St., L11, Columbus, OH 43215
Logan Office, 1225 W. Hunter St., Logan, OH 43138-0630
614-728-5377
614-995-0500
Warren, Winnie Manager, Lima Service Office 2025 E. Fourth St.
Lima, OH 45804-4101
419-223-2442
34 | Page

Attachment B: 11 - EEO Strategic Plan (EEOSP) Availability
Pursuant to the Ohio Administrative Code, 123:1-49-04 entitled Establishment of Affirmative Action
Plan, each agency shall establish, maintain, and carry out a continuing Affirmative Action Plan designed
to promote equal opportunity in every aspect of agency personnel policy and practice.
The EEO Strategic Plan is a public document, which may be reviewed by interested internal or external
parties during normal working hours as follows: Monday through Friday from 8 a.m. until 5 p.m.
Once approved, the EEO Strategic Plan will be available at the following locations:
Manager Name Title SO Address Telephone
Number
Fitzpatrick, Sheri EEO Manager 30 W. Spring Street, L-28
614-728-9537
Anderson, Jerry
Manager,
Youngstown Service
Office
Columbus, OH 43215
242 Federal Plaza W, Ste 200 330-797-6385
Cooper, Tina
Manager, Hamilton
Service Office
One Renaissance Center
345 High Street
513-785-4555
Hamilton, OH 45011
Delgado, Bernadette
Manager, Toledo
Service Office
1 Government Center #1236
Toledo, OH 43604-0794
419-327-8988
Farmer, Doug
Manager, Central
Office
30 W. Spring Street, L-23
Columbus, OH 43215-1889
614-466-6663
Gallagher, Therese
Manager, Cleveland
Service Office
615 W. Superior Ave. L-6
Cleveland, OH 44113-1889
216-787-3070
Hampton, Sheilah
Manager, Garfield
Heights Service
Office
4800 East 131 st Street
Garfield Heights, OH 44105
216-584-0120
35 | Page

Harris, Patricia
Manager, Governor’s
Hill Service Office
8650 Governor’s Hill Drive
Cincinnati, OH 45249
513-583-4512
Harrison, Trena
Interim Manager,
Canton Service Office
400 Third Street SE, Suite 2
Canton, OH 44702
330-471-0186
Neugebauer, Hans
Manager, Cambridge
Service Office
61501 Southgate Parkway
Cambridge, OH 44702
740-435-4215
Smith, Belinda
Interim Manager,
Portsmouth Service
Office
1005 Fourth Street
Portsmouth, OH 45662-4315
740-353-6125
Smith-Goff, Sandra
Manager, Dayton
Service Office
3401 Park Center Drive
Dayton, OH 45413-0910
937-264-5081
Sourek, Michael
Interim Manager,
Mansfield Service
Office
240 Tappan Drive North
Mansfield, OH 44906-8051
419-529-7629
Stevenson, Jill
Thrapp, Karen
Manager,
Columbus/Logan
Service Offices
Assistant Manager,
Columbus/Logan
Service Offices
Columbus Office – 30 W. Spring
Street, L-11, Columbus, OH 43215
Logan Service Office – 1225 W.
Hunter Street, Logan, OH 43138-
0630
614-728-5377
614-995-0500
Warren, Winnie
Manager, Lima
Service Office
2025 E. Fourth Street
Lima, OH 45804-4101
419-223-2442
36 | Page

Attachment B: 12
EEO Complaint Summaries from June 30, 2010 to June 30, 2011
Complaint # Complaint File Date Complaint Issue
1 Received 7/22/10 Employee alleged she was disciplined and removed due to her
race, sex, age, disability and in retaliation for complaining about
unlawful behavior.
2 Received 8/17/10 Employee alleged that she was demoted, harassed and discharged
due to her race and in retaliation for filing an internal complaint.
3 Received 8/17/10 Employee alleged that her request for leave was denied because
of her sex.
4 Received 11/1/10 Employee alleged that she was harassed and forced to resign due
to her race, disability and in retaliation for engaging in protected
activity.
5 Received 11/17/10 Employee alleged that she was harassed and discharged in
retaliation for filing a workplace violence complaint with the Ohio
Inspector General’s Office.
6 Received 11/23/10 Employee alleged that she was denied a reasonable
accommodation in retaliation for filing a previous charge of
discrimination against BWC.
7 1/27/11 Employee alleged that she was discriminated against due to her
race and disability.
8 2/8/11 Employee alleged that she was harassed due to her race.
9 4/5/11 Injured Worker filed a complaint of public accommodation alleging
race discrimination.
10 4/14/11 Employee complained about an offensive racist remark made by a
co-worker.
11 4/14/11 Employee complained about an offensive racist remark & personal
insult made by a co-worker.
37 | Page

12 4/14/11 Employee complained about an offensive racist remark made by a
co-worker.
13 4/15/11 Employee complained about an offensive racist remark made by a
co-worker.
14 4/25/11 Employee alleged that she was denied reasonable accommodation
and forced to resign due to her race, age, disability and in
retaliation for filing a previous charge of discrimination.
The EEO Manager does not maintain a log of non jurisdictional complaints. Any calls and/or walk ins
regarding non jurisdictional concerns are referred to the employee’s chain of command, union
representative or BWC’s Employee and Labor Relations Department for resolution.
38 | Page

Attachment B: 13
(EEOSP)
EEO Complaint Form as Attachment
39 | Page

Attachment B: 14
Agency EEO Information for Employees
40 | Page

Attachment C: 15 & C: 16
Diversity Recruitment / Outreach and Literature Information
Paper
Date
Columbus Dispatch 8/2008, 6/2011
Cincinnati Enquirer 6/2011
Cleveland Plain Dealer 6/2011
Web
Date
Monster.Com 5/2008, 11/2008, 3/2011, 6/2011
Great Insurance Jobs 6/2010, 8/2008
HealtheCareers.com 8/2008, 7/2011
Am. Society of Safety Engineers 5/2008
Am. Industrial Hygiene Assoc. 5/2008
Assoc. of Government Accountability 8/2008; 11/2008
CASACT.org (Casualty Actuarial Society) 10/2008, 11/2008, 1/2009, 2/2009, 3/2009, 7/2009,
8/2009, 10/2009, 11/2009, 1/2010, 2/2010, 4/2010,
5/2010, 7/2010, 8/2010, 10/2010, 2/2011, 3/2011,
5/2011
Risk and Insurance Mgmt Society 6/2008
CFA Society of Columbus 6/2008
41 | Page

Attachment C: 17
Information
EEO Publications or EEO Program
http://bwcweb/Divisions/HR/EEO/Pages/EEO.aspx
42 | Page

Attachment D: 18
Adverse Impact Study for Terminations
Select the type of employment decision:
Enter a title for your report:
Adverse Impact by Race & Sex
Termination
Number of Male
Number of Non-Minority
Number of Younger
Number of Non-Disabled
739 Employees
5
Terminated
1597 Employees
5
Terminated
Employees
Terminated
Employees
Terminated
Number of Female
Number of Minority
Number of Older
Number of Disabled
858 Employees
2
Terminated
493 Employees
2
Terminated
Employees
Terminated
Employees
Terminated
-Adverse Impact
-Chi-Square
-Standard Deviation
-Confidence Intervals
Probability Distribution
Select the Statistical Tests you wish to execute by checking or
unchecking the boxes on the left. Then press the 'Compute'
button below.
Display: Description of Statistic Interpretation of Results
Rate of Females Rate of Males Adverse Impact Ratio Adverse Impact Ratio for
Employees Terminated Employees Terminated for Females
Males
(2/ 858) = 0.0023 (5/ 739) = 0.0068 (0.0023/ 0.0068)= 0.34 (0.0068/ 0.0023)= 2.9
The Adverse Impact Ratio for Females is less than 0.80.
Females Employees are Terminated at a rate less than 80% (4/5ths) of the rate that Males Employees are Terminated.
Rate of Minorities Rate of Non-Minorities Adverse Impact Ratio Adverse Impact Ratio for
Employees Terminated Employees Terminated for Minorities Non-Minorities
(2/ 493) = 0.0041 (5/ 1597) = 0.0031 (0.0041/ 0.0031)= 1.3 (0.0031/ 0.0041)= 0.77
The Adverse Impact Ratio for Non-Minorities is less than 0.80.
Non-Minorities Employees are Terminated at a rate less than 80% (4/5ths) of the rate that Minorities Employees are Terminated.
43 | Page

Attachment D: 19
Adverse Impact Study for Promotions
Select the type of employment decision:
Enter a title for your report:
Adverse Impact by Race & Sex
Promotion
Number of Male
Number of Non-
Minority
Number of Younger
Number of Non-Disabled
739 Employees
7
Promoted
1597 Employees
13 Promoted
Employees
Promoted
Employees
Promoted
Number of Female
Number of Minority
Number of Older
Number of Disabled
858 Employees
8
Promoted
544 Employees
2
Promoted
Employees
Promoted
Employees
Promoted
-Adverse Impact
-Chi-Square
-Standard Deviation
-Confidence Intervals
Probability Distribution
Select the Statistical Tests you wish to execute by
checking or unchecking the boxes on the left. Then press
the 'Compute' button below.
Display: Description of Statistic Interpretation of Results
Rate of Females Rate of Males Adverse Impact Ratio Adverse Impact Ratio
Employees Promoted Employees Promoted for Females for Males
(8/ 858) = 0.0093 (7/ 739) = 0.0095 (0.0093/ 0.0095)= 0.98 (0.0095/ 0.0093)= 1.02
Adverse impact as defined by the 4/5ths rule was not found in the above data.
Rate of Minorities
Employees Promoted
Rate of Non-
Minorities Employees
Promoted
Adverse Impact Ratio
for Minorities
Adverse Impact Ratio
for Non-Minorities
(2/ 544) = 0.0037 (13/ 1597) = 0.0081 (0.0037/ 0.0081)= 0.45 (0.0081/ 0.0037)= 2.21
The Adverse Impact Ratio for Minorities is less than 0.80.
Minorities Employees are Promoted at a rate less than 80% (4/5ths) of the rate that Non-Minorities Employees are Promoted.
44 | Page

Attachment E: 20
EEO Orientation Agenda
Orientation Agenda for New Employee Orientation
I. What does the EEO Department do?
The EEO Department enforces all state and federal regulations as well as BWC’s
policies as they relate to non-discrimination in employment.
If at any time during your employment you feel like you have been discriminated
against/harassed on the basis of race, color, religion, gender, national origin
(ancestry), military status (past, present or future), disability, age, (40 years of age or
older), genetic information, sexual orientation or retaliation you should immediately notify
a member of management or contact the EEO Department at (614) 728-9537.
II.
The policies enforced by the EEO Department are:
The EEO Policy
The Anti-Harassment Policy
The Americans with Disabilities Act (ADA) Policy
III.
Who is protected by the above policies?
All employees, applicants, temporary workers, interns, contractors, 3rd party customers
and injured workers
IV.
Investigative Procedures/Types of Complaints
A. Internal Complaints/ADM 4400 - employee fills out the complaint & submits it
to the EEO Department. The complaint should be filed within 30 days of the
discriminatory incident. The EEO Department will complete the investigation within 30
days.
B. External Complaints – 180 days to file charge with the Ohio Civil Rights Commission
(OCRC), 300 days to file with the Equal Employment Opportunity Commission (EEOC)
and 30 days to file with State EOD.
Besides investigations, the EEO Department conducts training, does general consultations and
problem solving, handles exit interviews and maintains the I-9 records of all BWC employees.
45 | Page

Attachment E: 21
EEO Training Agenda
Here is the EEO material excerpted from the Leading Your Employees to Success. We also talk
about the importance of contacting the EEO Department within 24 hours of any concerns
regarding the key words harassment or discrimination.
Due to liability
issues, EEO
presents a brief
overview during
this session
covering the
importance of
reporting any EEO
issues within 24
hours.
• When hiring new employees or promoting current BWC employees,
the following guidelines should be addressed:
Comply with all laws related to equal opportunity that
affect applicants seeking employment. Treat all
applicants equitably in regards to recruitment and hiring.
Questions should be directed to the EEO Department.
When staffing a position conduct timely interviews and
submit prompt recommendations for hire.
• Provide each employee with an environment free from
discrimination or harassment using the following guidelines:
Comply with all laws related to equal opportunity that
affect employees including working conditions, benefits,
training, educational assistance and discipline.
Bring violations of the BWC non-discrimination policies
to the attention of the EEO department for investigation.
Cooperate and provide assistance, if requested, during an
EEO investigation.
Do not retaliate against any employee who has made a
complaint or participated in an EEO investigation.
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AGENDA
EEO & Diversity at BWC 2009
All Agency Training
Program Goal:
Participants will be able to explain their responsibilities regarding BWC’s Equal Employment Opportunity
policies and distinguish between inappropriate, prohibited, and illegal behaviors in the workplace.
AM Session
Times Topics Instructor
9:30 - 9:33 Welcome, attendance & introduction Jennifer/Greg
9:33 - 9:55 EEO Policies
Sheri
• Federal Laws
• State of Ohio Codes & Governor’s Executive Orders
• Complaint Form
• Diversity & Tolerance
• Tips for Communicating with Disabled
9:55 - 10:05 Right Side of the Line Introduction
• Introduction of Video Vignettes
• Unprofessional behavior
Jennifer/Greg
• Prohibited behavior
• Illegal behavior
10:05 - 10:30 Vignettes
• Video/discussion – “Gina’s jokes”
All
• Video/discussion – “Ben and Kioko stereotype”
10:30 - 10:40 Break
10:40 - 11:05 Vignettes Con’t
• Video/discussion – “I will if you will”
• Video/discussion – “ Maya gets promoted”
All
• Video/discussion – “Bruce asks Caitlin out”
11:05 - 11:15
• Vignette Wrap Up
• Meet Model - “Buck up Babyface” Jennifer/Greg
11:15 - 11:30 • Post Assessment
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Attachment F: 22
Discipline Practices
Disciplinary Policy and Grid
The philosophy of the Ohio Bureau of Workers' Compensation (BWC) is to
recognize employees as the greatest resource. Each employee is urged to see
himself/herself as an important member of the BWC Team delivering the requisite
services to our customers and assuring appropriate stewardship of the revenues
provided by Ohio businesses and citizens. Therefore, employees are expected to
observe all BWC rules and policies and faithfully adhere to the BWC Code of Ethics
avoiding any appearance of impropriety.
In the course of the employment relationships, sometimes it becomes necessary to
discipline an employee for an infraction of a rule or policy. Supervisors/Management
shall recommend discipline that is fair, consistent and commensurate with the offense.
Likewise, Supervisors/Management shall follow the principles of progressive discipline
when making the determination with regard to the appropriate level of discipline.
The following disciplinary options are available to Supervisors/Management:
1) Verbal Reprimand
2) Written Reprimand
3) Suspension
• Minor Suspension:
• Medium Suspension:
1 Day Suspension
2-4 Day Suspension
5 Day Suspension
• Major Suspension:
a) Working Suspension
b) Non-working Suspension
c) Leave Reduction (Personal, Vacation, Compensatory)
d) Fine**
**Pursuant to respective collective bargaining agreement, a working suspension that is
grieved and the grievance is denied or partially granted, shall convert to a
fine/leave reduction.
4) Demotion (Exempt Only)
5) Decrease or Elimination of Longevity Pay (Exempt Only)
6) Removal
When the appropriate level of discipline is a Removal, the BWC possesses discretion
to offer the employee the ability to enter into a Last Chance Agreement.
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These disciplinary guidelines are provided to aid Supervisors/Management in properly
administering employee discipline. These guidelines outline suggested disciplinary
action for all BWC employees who violate this disciplinary policy; however,
Supervisors/Management, in consultation with the Labor Relations Office, may pursue
any appropriate level of discipline based upon the nature of the offense.
INSUBORDINATION
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Refusal to carry out
a direct order/work
assignment
Determination
based upon
severity of
incident
b. Failure to follow
supervisor direction
and/or failure to follow
a written policy of the
employer
c. Interfering with,
failing to cooperate
with or providing false
information in
conjunction with an
official investigation or
inquiry
Determination
based upon
severity of
incident
Suspension/
Removal
Removal
NEGLECT OF DUTY
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Neglect of Duty-
General
Determination
based upon
severity of
incident
b. Carelessness with
agency information
(e.g., mail, warrants,
claims files, Law
Enforcement
Automated Data
System –LEADS)
and/or agency
equipment
Determination
based upon
severity of
incident
c. Failure to perform
the duties of position
or performance at substandard
levels
Written
Minor
Suspension
Medium
Suspension
Major
Suspension/
Removal
d. Sleeping on duty Written/
Minor
Suspension
Medium
Suspension/
Major
Major
Suspension/
Removal
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Suspension
e. Failure to discipline
subordinates for
violations of work
rules, BWC policies or
ORC/OAC
Determination
based upon
severity of
incident
NEGLECT OF DUTY - Continued
VIOLATION 1st 2nd 3rd 4th 5th 6th
f. Failure to
adequately perform a
supervisor/managerial
function
Determination
based upon
severity of
incident
FAILURE OF GOOD BEHAVIOR
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Failure of good
Behavior-General
Determination
based upon
severity of
incident
b. Making false,
abusive, inflammatory
or obscene statements
toward or concerning
another employee,
supervisor or a
member of the general
public
c. Discourteous
and/or rude treatment
of fellow employee,
manager or customer
d. Threat or act of
physical violence
toward a fellow
employee,
management, or the
public
e. Involvement in
horseplay on BWC
time or agency
facilities
f. Intentional acts of
discrimination or insult
on the basis of race,
color, sex, age,
religion, national
origin, handicap, or
sexual orientation
Determination
based upon
severity of
incident
Determination
based upon
severity of
incident
Suspension/
Removal
Determination
based upon
severity of
incident
Suspension/
Removal
Removal
Removal
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g. Immoral or indecent
conduct
h. Destruction and/or
damage of computer,
claims, tools, and or
equipment
Determination
based upon
severity of
incident
Determination
based upon
severity of
incident
FAILURE OF GOOD BEHAVIOR - Continued
VIOLATION 1st 2nd 3rd 4th 5th 6th
i. Unauthorized use of
personal equipment
while on duty,
including, but not
limited to, tape
recorders, cameras
and video camcorders
Written/
Minor
Suspension
Medium
Suspension/
Major
Suspension
Major
Suspension/
Removal
j. Misuse of state
vehicle including
violation of traffic code
or violation of Use of
State Vehicle Policy
Determinati
on based
upon
severity of
incident
k. Felony conviction Removal
ATTENDANCE
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Tardiness Verbal Written Minor Medium Major Removal
Suspension Suspension Suspension
b. Leaving work area
without authorization
Verbal Written Minor
Suspension
Medium
Suspension
Major
Suspension
Removal
c. Unexcused
absence/Using more
leave than available
(AWOL)
Written/
Minor
Suspension
Minor
Suspension
Medium
Suspension/
Major
Suspension
Major
Suspension/
Removal
d. Three (3) or more
consecutive days
without contact
(considered job
abandonment)
Removal
e. Improper call off Verbal Written Minor
Suspension
Medium
Suspension
Major
Suspension
Removal
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DISHONESTY*
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Intentionally
making false or
untrue statements
regarding work
related matters to
management, fellow
employees or the
public
Determination based
upon severity of
incident
b. Willful falsification
of an official
document (could be
subject to ORC
124.34 and 2921.13
charges)
c. Misuse of state
funds
d. Intentional Misuse,
Destruction, Defacing
of state property,
public property, or
property of another
employee (e.g., Law
Enforcement
Automated Data
System – LEADS).
e. Theft of state
property, state time,
public property or
property of another
employee
Determination based
upon severity of
incident
Suspension/Removal
Determination based
upon severity of
incident
Determination based
upon severity of
incident
* An employee disciplined for theft or any other charge resulting in an undue/improper economic benefit to an
employee, shall make restitution in addition to receiving discipline.
USE OF ALCOHOL/DRUGS
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Sale, consumption,
or possession of
alcoholic beverages or
illegal drugs while on
duty or state property
Suspension/
Removal
Removal
b. Reporting to work
under the influence of
any intoxicant (alcohol
or drugs) other than
required for medical
reasons, or a positive
drug or alcohol test
Removal
52 | Page

(See Drug Free
Workplace Policy)
c. Failure to disclose
use of prescription or
other legal drugs prior
to their use that could
lead to impairment in
the workplace
Determination
based upon
severity of
incident
VIOLATION OF SAFETY RULE
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Failure to wear Written Minor Medium Major Removal
and/or use appropriate
safety equipment
Suspension Suspension Suspension
b. Failure to report
unsafe conditions or
failure to comply with
agency safety rules
c. Failure to report
work-related accident,
injury, or illness to
immediate supervisor
within 48 hours
d. Failure to complete
a "BWC Safety
Report" within 48
hours
Written
Written
Minor
Suspension/
Medium
Suspension
Minor
Suspension/
Medium
Suspension
Medium
Suspension/
Major
Suspension
Medium
Suspension/
Major
Suspension
Removal
Removal
VIOLATION OF THE OHIO REVISED CODE OR THE BWC ADMINISTRATIVE
RULES
VIOLATION 1st 2nd 3rd 4th 5th 6th
a. Engaging in
political activities as
prohibited in the Ohio
Revised Code Section
124.57
Determination
based upon
severity of
incident
b. Violation of the
Ohio Revised Code
section 124.34
Determination
based upon
severity of
incident
c. Preferential
treatment in the
processing of claims
Minor
Suspension
Medium/
Major
Suspension/
Removal
Removal
53 | Page

ATTACHMENT F: 23
Exit Interview
Memo 2.01
Exit Interview Policy
All BWC employees who voluntarily terminate employment through resignation, retirement,
or transfer will have an opportunity provided to them to complete an exit interview
questionnaire. The questionnaire will be mailed to the employee prior to their last day of
work by the EEO office as soon as they are notified of the employee’s decision to leave. All
information provided on the exit interview questionnaire will be kept confidential. The
employee’s name is requested but not required. The data will be utilized primarily by Human
Resources to evaluate current working conditions and recommend improvements, to
determine the reason for the employee’s departure, and to build upon current successes.
Employees may schedule a personal meeting with the Director of EEO in place of
completing the form.
NOTIFICATION PROCEDURE
Upon receipt of an employee’s notice of resignation, retirement or transfer, the Personnel
and Recruiting Department will prepare a Personnel Action Form and will forward a
notification of the employee's resignation, retirement or transfer to the Director of EEO. The
personnel officer will then contact the employee’s immediate supervisor and/or the section
or division personnel liaison, to verify that they are aware the employee is leaving and
advise them of the effective date of the action.
Prior to the employee's last day of work, the EEO Department will prepare a letter to the
employee requesting that she or he complete the exit interview questionnaire. The Director
of EEO will review employee concerns with the Chief Human Resources Officer following a
review of the questionnaire and/or the personal meeting with the departing employee.
The employee’s immediate supervisor will be responsible for collecting all BWC-owned
equipment from the employee prior to his or her last day worked. Effective for pay periods
beginning on or after Feb. 2, 1997, a BWC Equipment Assignment Form* is completed for
each employee when hired. The supervisor and employee sign and date the form upon
completion. All supervisors are responsible for maintaining this information and forwarding a
copy of the form to the Personnel and Recruiting Department for inclusion in the employee’s
personnel file. Upon the employee’s separation, the supervisor will collect all BWC-owned
items listed on the form and ensure their return to the department’s inventory.
As all BWC records, electronic or otherwise, are the sole property of BWC, no exiting BWC
employee may maintain in their possession or duplicate any BWC record without written
permission from BWC’s Chief Legal Counsel or his/her designee.
Revised 12/08
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Attachment G: EEO Program Monitoring & Leadership Compliance Information
A. Program Administration – Since the last EEO Strategic Plan that was submitted in
FY 2008, BWC conducted mandatory EEO and Diversity training in 2009 and 2010. To
date, approximately 2427 employees have completed the training.
No problem areas have been identified. BWC’s EEO Department has been successful
in managing the EEO program and complaint process. Of the 14 complaints that were
filed from June 30, 2010 to June 30, 2011, 13 resulted in a No Probable Cause Finding.
Eight of these complaints were filed with an external agency. One complaint is still
pending resolution with the EEOC.
B. Staff Coordination – Prevention of sexual harassment, this topic was included in the
EEO and Diversity training that was conducted in 2009 and 2010.
C. Program Management – Once the EEO Strategic Plan has been approved by EOD,
the plan will be available for viewing in BWC’s central office and in all satellite locations.
No ADA concerns have been identified.
D. Program Design and Policy Execution – All EEO Policies are updated, signed and
displayed in the Employee Handbook. The EEO complaint process is outlined in the
EEO policies and on the EEO Department’s web page.
58 | Page

Attachment G: 24
Year End Report – Status of EEO Complaints from June 30, 2010 to June
30, 2011
Complaint #
Complaint
File Date
Complaint Issue
Resolution
1 (EXT) Received
7/22/10
2 (EXT) Received
8/17/10
3 (EXT) Received
8/17/10
4 (EXT) Received
11/1/10
5 (EXT) Received
11/17/10
6 (EXT) Received
11/23/10
Employee alleged she was
disciplined and removed due to her
race, sex, age, disability and in
retaliation for complaining about
unlawful behavior.
Employee alleged that she was
demoted, harassed and discharged
due to her race and in retaliation for
filing an internal complaint.
Employee alleged that her request
for leave was denied because of her
sex.
Employee alleged that she was
harassed and forced to resign due to
her race, disability and in retaliation
for engaging in protected activity.
Employee alleged that she was
harassed and discharged in
retaliation for filing a workplace
violence complaint with the Ohio
Inspector General’s Office.
Employee alleged that she was
denied a reasonable accommodation
in retaliation for filing a previous
charge of discrimination against
BWC.
No Probable Cause Finding
issued by EEOC on October 6,
2010.
No Probable Cause Finding
issued by EEOC on December 16,
2010.
No Probable Cause Finding
issued by EEOC on March 17,
2011.
EEOC issued an acknowledgment
of settlement letter on August 3,
2011.
No Probable Cause Finding
issued by OCRC on May 19, 2011.
No Probable Cause Finding
issued by OCRC on May 19, 2011.
59 | Page

7 (EXT) 1/27/11 Employee alleged that she was
discriminated against due to her race
and disability.
8 (INT) 2/8/11 Employee alleged that she was
harassed due to her race.
9 (EXT) 4/5/11 Injured Worker filed a complaint of
public accommodation alleging race
discrimination.
10 (INT) 4/14/11 Employee complained about an
offensive racist remark made by a
co-worker.
11 (INT) 4/14/11 Employee complained about an
offensive racist remark & personal
insult made by a co-worker.
12 (INT) 4/14/11 Employee complained about an
offensive racist remark made by a
co-worker.
13 (INT) 4/15/11 Employee complained about an
offensive racist remark made by a
co-worker.
14 (EXT) 4/25/11 Employee alleged that she was
denied reasonable accommodation
and forced to resign due to her race,
age, disability and in retaliation for
filing a previous charge of
discrimination.
EEOC issued a Dismissal Notice
on February 3, 2011.
No Probable Cause Finding
issued on March 14, 2011.
OCRC issued a No Probable
Cause Dismiss/No Jurisdiction
Finding on June 30, 2011.
Employee no longer interested in
pursuing the complaint since
management addressed the
issue. Case closed on May 17,
2011.
Employee no longer interested in
pursuing the complaint since
management addressed the
issue. Case closed on May 17,
2011.
Employee no longer interested in
pursuing the complaint since
management addressed the
issue. Case closed on May 17,
2011.
Employee no longer interested in
pursuing the complaint since
management addressed the
issue. Case closed on May 17,
2011.
Case is currently pending with
EEOC.
60 | Page

Attachment G: 25
Corrective Action Items
• BWC’s EEO Department will continue to aggressively manage our EEO Program and complaint
process.
• The EEO Department will continue to work through various avenues, such as Black History
Month and Women’s History Months to promote cultural awareness and diversity in the
workplace.
• The EEO Manager will schedule a meeting with the Chief of Human Resources and Administrator
to discuss diversity outreach and the formation of a BWC diversity team.
61 | Page

Attachment H: 26
Diversity Initiatives
Although BWC does not have a diversity team, the agency celebrates Black History Month
during the month of February and Women’s History Month in March. The Bureau also post
articles concerning diversity and health initiatives along with resource information on our
internal web page, BWC Web, throughout the year.
In addition, to reach out to non-native English speakers, BWC partnered with groups such as
Latino Empowerment Outreach Network (LEON). LEON educates the Latin community about
individual rights as an injured worker, how the workers’ compensation process works and how
to apply for financial aid. BWC has translated some of its publications, such as the application
for workers’ compensation coverage, first report of injury (FROI) form, safety violation
questionnaire and several fact sheets into Spanish.
Also, BWC’s Customer Contact Center has bilingual representatives to help answer questions
from workers and employers who do not speak English. If a representative who speaks the
requested language needed isn’t available, BWC uses its tele-interpreting service with 150
languages and dialects.
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Attachment I: 27
ADA Reasonable Accommodations request Policy
Guidelines and Procedures
POLICY STATEMENT
Americans with Disabilities Act (ADA) Policy
It is the policy and practice of the Ohio Bureau of Workers’ Compensation (BWC) to comply fully
with the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008
(ADAAA), and ensure equal employment opportunities and reasonable accommodation for
Qualified Individuals with Disabilities. BWC is also committed to ensuring non-discrimination in
all terms, conditions and privileges of employment.
INTRODUCTION
E. It is a violation of BWC policy to discriminate in employment against a qualified person in
regard to any employment practice or term, condition, or privilege of employment
because that person currently has a disability, at one time had a disability, or is regarded
as having a disability. It is also a violation of this policy to deny an employment
opportunity or benefit or to otherwise discriminate against an individual, whether or not
the individual has a disability, because that individual has a known relationship or
association with a person who has a disability. This prohibition applies to job application
procedures, hiring, advancement, and discharge of employees; employee
compensation; job training; and all other terms and conditions of employment.
F. It is BWC policy to determine essential job functions based upon an individualized
inquiry into each position filled and to determine whether the person with a disability can
perform these functions unaided or with reasonable accommodation.
G. It is against BWC policy to use qualification standards or selection criteria that would
screen out, or tend to screen out, individuals with disabilities, unless such measures are
both job related and necessary to the safe and efficient operation of the business.
H. The affirmative obligation to provide reasonable accommodation applies to individuals
seeking employment with BWC and to current employees who have a qualified disability
under the ADA.
RESPONSIBILITIES
The EEO Manager is responsible for reviewing and providing reasonable accommodations for
qualified individuals with disabilities. It is the obligation of all BWC employees to adhere to this
policy in their areas of responsibility.
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Accommodation Process
The employee should submit a copy of BWC’s ADA Reasonable Accommodation Request
Questionnaire and submit a release of medical information to the EEO Manager.
The EEO Manager will review the request and follow a four-step process in assessing the
request.
E. Analyze the employee’s information to determine whether the employee is disabled
pursuant to the ADA. If the employee is not disabled pursuant to the ADA, they will be
notified that their request for reasonable accommodation will be denied.
F. If the EEO Manager determines that the employee is disabled pursuant to the ADA, the
employee’s job description will be reviewed to determine the essential functions. The
EEO Manager will then contact the employee’s physician to determine the employee’s
abilities and limitations for performing the essential functions of the job.
G. Determine the employee’s abilities and limitations in consultation with the employee,
BWC management, and the employee’s physician.
H. Identify potential accommodations and assess their effectiveness with the employee.
DEFINITIONS
For purposes of this policy and guidelines, the following definitions apply:
H. Disability - A physical or mental impairment that substantially limits one or more major
life activities of an individual; a record (or past history) of such an impairment; or being
regarded as having a disability.
I. Qualified individual with a disability - An individual with a disability who, with or without
reasonable accommodation can perform essential functions of the employment position
that such individual holds or desires.
J. Essential job functions - Those functions actually performed in the job, the removal of
which would fundamentally alter the position. To determine whether a function is
essential, it must be determined whether the position exists to perform that function and
whether there are other employees available to share that function, as well as the
degree of expertise required to perform the function. Whether a function is essential also
depends on the content of the written job descriptions, the terms of any applicable
collective bargaining agreement, the time spent performing the particular function, and
the consequences of failing to require the employee to perform the function.
K. Reasonable accommodation - A modification or adjustment to a job, the work
environment or the workflow that enables a qualified individual with a disability to
perform essential job functions. Such accommodation is required unless it poses an
undue hardship on the employer. The determination of what accommodation is
64 | Page

easonable in a particular situation involves a process in which the department and the
employee identify the precise limitations imposed by the disability and explore potential
accommodations that would overcome those limitations.
L. Undue hardship - Any accommodation that is substantial, disruptive, unduly costly or
would fundamentally alter the nature or operation of the department.
M. Major life activities - Activities that are of central importance an individual’s daily life such
as caring for oneself, performing manual tasks, walking sitting, standing, lifting, reaching,
seeing, hearing, speaking, breathing, learning and working. This list is not exhaustive.
N. Substantially limits - An impairment that significantly restricts the duration, manner or
condition under which an individual can perform a particular major life activity as
compared to the ability of the average person in the general population to perform the
same major life activity.
COMPLAINT PROCESS
Individuals who believe they have been treated in a discriminatory manner in violation of this
policy should contact: The State of Ohio’s Equal Opportunity Division which is located at 30
East Broad Street, 18th Floor, Columbus, OH 43215-3414 or by telephone at (614) 466-8380.
In addition an individual may file a charge of discrimination with the Ohio Civil Rights
Commission (“OCRC”) within six months or with the Equal Employment Opportunity
Commission (“EEOC”) within three hundred days of the alleged acts.
WORKPLACE MODIFICATIONS WHEN AN EMPLOYEE DOES NOT MEET THE DEFINITION
OF “DISABILITY”
BWC recognizes that there may be situations where an employee has a medical condition that
does not constitute a disability under the ADA, but is granted workplace modifications as a
result of a Transitional Work Program developed by Disability Management, pregnancy, safety
concerns, or where an employee has a medical condition stemming from a workplace accident.
In these situations, BWC is not regarding the employee as disabled, but is instead taking
proactive measures to permit the employee to remain in the workplace and assist them to
perform their job duties.
• In situations where an employee is returning to work from a medical condition that is not
the result of a workplace accident, the EEO Department will refer the matter to the
Disability Management Section, who will review the employee’s medical information and
make appropriate recommendations.
• In situations where an employee has a medical condition that requires workplace
modifications to ensure their safety and well-being, or if the employee is pregnant and
requires workplace modifications, the EEO Department will refer the matter to the
employee’s management, who will address these matters.
• Finally, where an employee has a medical condition stemming from a workplace
accident does not constitute a disability under the ADA, but requires workplace
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modifications to ensure the employee’s safety and well being, the EEO Department will
refer the matter to the Workers’ Compensation Program Administration and/or Safety
Administration departments.
_________________________________
Administrator
9/1/2011
_______________________
Effective Date
Revised (09/11)
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Attachment I: 28
Agency Reasonable Accommodation Request
Form
Instructions:
The agency’s ADA Policy indicates our intention to provide reasonable accommodation to any
employee with a qualified disability. In order to ascertain the nature of the accommodation that
you are requesting, attach medical documentation that describes the nature of your condition or
impairment and submit it along with this form to the agency’s EEO Office. Please also fill out
the attached Medical Release Form. You will be contacted to discuss your request upon
receipt. Please be advised however, that BWC’s review of your request does not mean that
BWC regards you as disabled for purposes of the Americans with Disabilities Act.
Name: Phone :
Job Title:
Location:
Supervisor:
Division:
1. Name of medical condition or impairment.
2. Nature and severity of condition or impairment.
3. How long is your condition expected to last?
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4. Is your condition permanent?
5. Please list all of the activities that you can not perform because of your condition.
6. Please state specifically the accommodation that you are proposing.
I certify that all information is accurate to the best of my knowledge.
Employee Signature
Date
Approved:
Director of EEO
Date
Disapproved:
Director of EEO
Date
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Explanation:
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Release of health information
I,
Social Security #
give permission to release medical information to:
Date of Birth
BWC
EEO Department
30 W. Spring Street, Level 28
Columbus, Ohio 43215-2256
This information will be used to verify a request for accommodation under the
American’s with Disabilities Act.
Signature
Date
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