Constructive Discharge Cases

Appellant's assignments of error, which challenged the trial court's determination that he failed to exhaust administrative remedies because he did not allege in his charge to the Ohio Civil Rights Commission that he had been constructively discharged, were moot because appellant did not assign as error the trial court's independent determination that his claims of discrimination and retaliation predicated on constructive discharge were time-barred under R.C. 4112.052(C). Trial court's judgment is affirmed on that unchallenged basis.

Disability, Ohio Civil Rights Act, Americans with Disabilities Act, Americans with Disabilities Act Amendments Act, Ohio Civil Rights Commission, substantially limits, physical impairment, constructive discharge, R.C. Chapter 4112, R.C. 4112.06(E), R.C. 4112.08, R.C. 4112.02(A), Adm. Code 4112-5-08(E), Adm. Code 4112-5-01, 42 U.S.C. 12102(4), 29 C.F.R. §1630.2(j)(1)(i), earnings, back pay

Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and commentary made by other employees were not racially based and did not materially disrupt plaintiff's work. As plaintiff's experiences amounted to no more than ordinary tribulations of the workplace, plaintiff's hostile work environment claims failed. For the same reasons, plaintiff failed to sustain his constructive discharge claim. Summary judgment was granted in favor of defendant pursuant to Civ.R. 56.

Writ Denied