December 4, 2007

The Ohio Civil Rights Commission’s attempts to implement controversial pregnancy regulations suffered a major setback recently.  On December 3, 2007 the Joint Commission on Agency Rule Review (JCARR), a bipartisan legislative body with limited review over proposed changes to the Ohio Administrative Code, found that OCRC had failed to file a complete fiscal analysis detailing the impact of the new regulations on Ohio businesses.  JCARR will reconsider the proposed regulations in 90 days.

As reported previously on this blog, the proposed OCRC regulations would require employers to provide 12 weeks of leave for employees affected by pregnancy, and further require that any light duty program maintained by the employer be available to pregnant employees as well.  The OCRC initially claimed that the proposed regulations would have no financial impact on Ohio employers.  The Ohio business community—and apparently JCARR as well—strongly disagree.

Additionally, comments by JCARR members to the press indicate that, even if OCRC files a complete fiscal analysis, the regulations may be rejected on other grounds.  JCARR Vice-Chair Sen. Tom Niehaus (R-New Richmond) told the Cincinnati Enquirer that the OCRC likely exceeded its authority in passing the regulations in the first place, noting that the Ohio legislature has already passed legislation governing maternity leave.

JCARR’s decision culminates a turbulent month for the controversial regulations.  In mid-November, the OCRC angered pro-employee groups by slipping in eleventh-hour changes to the proposed regulations, apparently without updating the draft version available on their website.  Last week, Governor Ted Strickland asked OCRC to delay implementation of the regulations, apparently under pressure from the Ohio business community.  OCRC head Barbara Sykes – a Strickland appointee – refused to table the regulations.  Ohio employers now have 90 additional days to address the regulations.

If you have any questions or would like additional information regarding the proposed regulations, please feel free to contact any attorney in the Labor and Employment Department at Frost Brown Todd.