A state contract shall not be entered into unless the contractor possesses a current Certificate of Compliance issued by the State EEO Coordinator. In accordance with Section 9.47 of the Ohio Revised Code (R.C.), the State EEO Coordinator will determine if a contractor has complied with all applicable federal and state affirmative action programs to which the contractor was subject pursuant to R.C. 153.59.
A contractor or subcontractor that fails to demonstrate a good faith effort to comply with equal employment opportunity and affirmative action requirements may be found in violation of the an affirmative action program. The State EEO Coordinator shall issue the contractor a denial notification with an explanation of the violation and appeal rights.
Any contractor denied a certificate may appeal to the Director of the Ohio Department of Administrative Services (DAS). The appeal must be filed within ten days of the date of determination. The DAS Director shall either affirm or reverse the coordinator’s determination within five days after receipt of the appeal.
If a contractor is not satisfied with the decision of the DAS Director, it may appeal the decision to the Court of Common Pleas of Franklin County within thirty days of the decision. At the hearing before the court, evidence may be introduced for and against the decision of the DAS Director.
Contractors bidding on state or state assisted construction contracts may apply for a Certificate of Compliance.
Steps for Certificate of Compliance Submittal
The applicant must file a Certificate of Compliance application through the Ohio Business Gateway. Please note that only complete applications will be reviewed. Additional information may be requested. Upon application approval, the company will receive its approval email and the certificate is posted on EOD’s website.
Steps to Submit Application
- Visit Ohio Business Gateway
- Log in using username and password
- Select "Start a Transaction"
- Select "Equal Opportunity Division"
- Select "Certificate of Compliance" and complete the form
- Complete the confirmation and checkout process
- Submit supporting documentation as required to email@example.com
Note: Forms will not be received by the Division unless the checkout process is complete and a confirmation number and receipt is received. The form will be received in the Division the following business day.
Statutory and Regulatory Authority
The enabling statutes for the Certificate of Compliance program is R.C. 9.47. The regulations that govern the program are found in Ohio Adm. Code Chapter 123:2-11.