Discrimination Cases

summary judgment – gender discrimination – legitimate business reason – pretext – retaliation – judgment based on arguments not asserted

Summary judgment race discrimination promissory estoppel overtime hours discovery motions. Trial court erred by granting summary judgment to defendant-employer regarding employee's race discrimination claim, because there are genuine issues of material fact. Summary judgment was properly granted to employer regarding employee's promissory estoppel and violation of Minimum Fair Wage Standards Act claims. Court did not abuse its discretion in denying plaintiff's motion to compel discovery.

CIVIL - disability discrimination retaliatory discharge collateral estoppel res judicata grievance process used collective bargaining agreement statutory claims not barred separate not actually or necessarily litigated separate remedies are not jointly exhaustive summary judgment reasonable and nondiscriminatory basis for termination no evidence of pretext no genuine issue of material fact.

Plaintiff filed a wrongful termination case on the basis of racial discrimination as well as intentional infliction of emotional distress and retaliation against The Ohio State University. Plaintiff failed to file within the two year statute of limitation and the longer federal time period in this case is not applicable. Judgment affirmed.

PUBLIC EMPLOYEE – COLLECTIVE-BARGAINING AGREEMENT – UNFAIR LABOR PRACTICE – WRONGFUL DISCHARGE – DISCRIMINATION – JURISDICTION: The State Employment Relations Board has exclusive jurisdiction over a wrongful-discharge claim brought against a public employer by an employee subject to a collective-bargaining agreement. Pursuant to R.C. 4117.11(B)(6), the State Employment Relations Board has exclusive jurisdiction over claim against a union for a breach of the duty to fairly represent a public employee. R.C. Chapter 4117 does not provide the exclusive remedy for a claim of disparate-treatment discrimination, which does not arise from or depend on a collective-bargaining agreement.

CIVIL - summary judgment Civ.R. 56(C) employment discrimination R.C. 4112.02(A) disparate treatment retaliation R.C. 4112.02(I) nondiscriminatory and pretextual reasons for termination

The trial court erred in awarding appellee attorney fees for alleged frivolous conduct by appellant pursuant to R.C. 2323.51(A)(2)(a)(ii). The court sustains appellant's assignment of error that the trial court erred in finding appellant's claims of age discrimination were not warranted under existing law as it cannot find that "no reasonable lawyer would have brought the action in light of existing law." Judgment reversed.