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McGinty v. Ohio State Univ.

OHIOCTCLMarch 31, 2020No. 2018-00026JD
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Case Details

Judge(s)
Shaver
Status — whether other courts must follow this ruling
Published

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Excerpt

Employment discrimination reverse race discrimination reverse sex discrimination magistrate Civ.R. 53. Plaintiff, a former employee of defendant, brought an action for reverse race and reverse sex discrimination, asserting that he was asked to resign from his position as a result of discrimination. Defendant asserts that plaintiff was not asked to resign because of discrimination but because he didn't share the vision for the department and was no longer meeting expectations. The court found that plaintiff was unable to meet the elements for direct proof of discrimination, specifically relating to the elements of proximity and relation to decision making. The court also found that plaintiff was unable to prove a prima facie case using indirect evidence for reverse race discrimination because he was replaced by a person in the majority race and there were no comparable employees in his department. The court found that plaintiff proved a prima facie case for reverse sex discrimination using indirect proof. However, plaintiff did not prevail on his claim because defendant was able to prove that he was not meeting the expectations of his position. Accordingly, the magistrate found in favor of the defendant.

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