Discrimination Cases

Summary judgment Civ.R. 56 expanding allegations on summary judgment disparate treatment sex discrimination hostile work environment constructive discharge appellant's burden on appeal App.R. 12(A)(2) App.R. 16(A)(7). It was appellant's burden, as the appellant, to affirmatively demonstrate reversible error in the record and to substantiate her arguments in support thereof. Appellant did not show that the trial court erred in granting summary judgment in favor of appellees on appellant's claims of sex discrimination, hostile work environment, constructive discharge, violation of public policy, or intentional infliction of emotional distress. Appellant made no mention of her claims for violation of public policy or intentional infliction of emotional distress in her appellate brief. As to her remaining claims, while appellees met their burden under Civ.R. 56(C), presenting evidence of specific facts in the record demonstrating their entitlement to summary judgment based on the lack of evidence of essential elements of each of appellant's claims, appellant did not meet her reciprocal burden of demonstrating the existence of a genuine issue of material fact for trial on her claims. Appellant did not apply the applicable legal standards and did not show, based on evidence in the record, that a reasonable factfinder could find in favor of appellant on her sex discrimination, hostile work environment, or constructive discharge claims. Review of the record did not reveal any genuine issues of material fact that would preclude summary judgment in favor of appellees.

The trial court improperly accorded claim-preclusive effect to appellant's R.C. 4112.02 retaliation claim based upon the District Court's judgment of dismissal. The District Court's decision dismissing appellant's Title VII retaliation claim \with prejudice\ for failure to exhaust administrative remedies, on the unique procedural facts of this case, did not serve to bar appellant from pursuing a R.C. 4112.02 retaliation claim in state court. The District Court's judgment did not meet the first element of res judicata/claim preclusion as it was not a judgment on the merits. Therefore, the trial court erred in granting summary judgment in favor of appellee as to the retaliation claim. However, the trial court properly accorded claim-preclusive effect to appellant's R.C. 4112.02 race discrimination claim based upon the District Court's judgment of dismissal. The judgment met all the elements of res judicata/claim preclusion. Therefore, the trial court did not err in granting summary judgment in favor of appellee as to the race discrimination claim. Accordingly, appellant's sole assignment of error is sustained in part and overruled in part. Judgment is reversed in part and affirmed in part. Case is remanded to the trial court.