Discrimination Cases

Summary judgment Civ.R. 56 meaningful appellate review statement of reasons Ohio Civil Rights Act R.C. Chapter 4112 disability discrimination employment discrimination retaliation failure-to-accommodate discrimination 12-hour shifts. The trial court did not commit reversible error by failing to set forth detailed reasoning in its journal entry granting summary judgment to the defendant. A hospital was entitled to summary judgment on its employee's disability-discrimination, failure-to-accommodate, and retaliation claims where the hospital's reasonable staffing judgment required nurses to work twelve-hour shifts, the employee's doctor restricted the employee from working more than eight hours at a time and the employee and his doctor proposed no alternative accommodation other than working all eight-hour shifts. The employee's requested accommodation would have required the hospital to create a new shift for him, would have required other nurses to pick up the employee's patients for four hours at the end of each of his shifts, and would have negatively affected patient care by increasing the number of patient handoffs between nurses it was therefore not a reasonable accommodation.

Pursuant to statute (§ 46a-58 (a)), ''[i]t shall be a discriminatory practice . . . for any person to subject . . . any other person to the deprivation of any rights, privileges or immunities, secured or protected by the . . . laws of this state or of the United States, on account of . . . mental disability [or] physical disability . . . .'' Pursuant further to statute (§ 46a-64 (a) (1)), ''[i]t shall be a discriminatory practice . . . [t]o deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation . . . because of . . . intellectual disability [or] mental disability . . . .'' The defendant M filed a complaint with the named defendant, the Commis- sion on Human Rights and Opportunities, on behalf of his minor child, A, alleging that the plaintiff board of education had discriminated against A on the basis of A's mental disability. A, who had been diagnosed with several mental and cognitive disorders, attended a public magnet school, where he initially was enrolled as a special education student who was entitled to an individualized education plan and special accommodation services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.). The school subsequently determined, against the wishes of A's parents, that A would no longer be designated as a special education student under the IDEA. Thereafter, A sustained a concussion during an incident at school, and A's parents kept A out of school until he was symptom free on the basis of the recommendation of A's physician. During A's absence, the board sent a habitual truancy notice to A's parents and held a planning and placement team meeting, which was attended by M and various representatives of the board, among other individuals, to discuss A's eligibility for special education services. At that meeting, M attempted to offer a letter from A's physician regarding A's post-concussion syndrome, but the board declined to accept

The Court of Claims of Ohio did not err in determining Ohio's savings statute, R.C. 2305.19, and Civ.R. 15(C) did not apply to save the plaintiff-appellant's R.C. 4112.02 employment discrimination claims and, as a result, granting summary judgment to defendant-appellee, Miami University, due to the expiration of the statute of limitations. Judgment affirmed.