Rupert v. Dept. of Rehab. & Corr.

Civ.R. 56 motion for summary judgment employment discrimination retaliation adverse employment action Family and Medical Leave Act. Defendant was entitled to summary judgment on plaintiff's claim for employment discrimination based on age and disability because plaintiff failed to establish that she suffered an adverse employment action. Defendant was entitled to summary judgment on plaintiff's claim of retaliation as plaintiff failed to state a prima facie claim for retaliation since she could not show a causal connection between any alleged adverse employment action and her FMLA leave. Judgment for defendant.

Magistrate's Decision, Civil Immunity, State Employee, Sexual-Harassment, O.R.C. 9.86, O.R.C. 2743.02(F), Scope of Employment. Magistrate recommended that state employee who sexually harassed an independent contractor was not entitled to civil immunity pursuant to O.R.C. 2743.02(F) and O.R.C. 9.86 as such actions were in furtherance of personal libidinal gratification and outside the scope of employment.

Common Pleas Court properly affirmed order of Ohio State Personnel Board of Review modifying discipline imposed on employee of Ohio Department of Rehabilitation and Correction.

Relator's request for a writ of mandamus is denied as relator has not established a clear legal right to have her State Employment Relation's Board issue a probable cause finding on her unfair labor practice charge or a clear legal duty on the part of SERB to do so. Writ denied.