North America's Building Trades Unions v. Occupational Safety & Health Administration

The plaintiff appealed from the trial court's judgment granting the defen- dants' motions to dismiss her retaliatory discharge action, which alleged a violation of the whistleblower statute (§ 31-51m). The plaintiff, while employed at a pizza restaurant owned by the defendant S Co. and managed by the defendant L, submitted a complaint to the local health district reporting unsanitary conditions at the restaurant. The day after a health inspector visited the restaurant and disclosed that the plaintiff had made the complaint, the defendants terminated her employment. The plaintiff claimed that the trial court erred in determining that it lacked subject matter jurisdiction on the ground that she had failed to exhaust administrative remedies available through the Department of Labor, as required by § 31-51m (c). Held: The trial court improperly granted the defendants' motions to dismiss the plaintiff's retaliatory discharge action on the ground that it lacked subject matter jurisdiction, as the plaintiff's action focused on her employer's con- duct in terminating her employment following her complaint to the health district, the substance of which related to public health, not occupational safety or health. Argued September 9—officially released December 16, 2025

A plaintiff-employee states a valid claim for wrongful discharge in violation of public policy where she claims that she was an at-will employee and was fired for filing a good-faith complaint with her employer and with OSHA concerning COVID-19 hazards and a mice infestation in her workplace. In a disparate treatment sex discrimination case, a defendant-employer fails to satisfy its initial burden for summary judgment to demonstrate the absence of a genuine issue of material fact as to the similarly situated element of the plaintiff-employee's prima facie case where the defendant relies on conclusory assertions that the plaintiff has no evidence to prove that she was treated differently than similarly situated male employees. WITH CONCURRING AND DISSENTING OPINION.

CIVIL - summary judgment deposition testimony Civ.R. 56 factual testimony/legal conclusions genuine issues of material fact workers' compensation retaliation R.C. 4123.90 disability discrimination R.C. 4112.02 Ohio public policy wrongful termination jeopardy, clarity and causation workplace safety Article II, Sections 34 and 35 of the Ohio Constitution R.C. 4101.11 and .12 R.C. 4121.13(A) and .17(A) OSHA 29 U.S.C. 654(a)(1) and (2)