Discrimination Cases

Race discrimination, gender discrimination, R.C. 4112. Civ.R. 53, employment discrimination, reverse discrimination, gender, race. Plaintiff, a white male, brought claims for race and gender discrimination in violation of R.C. 4112. The case proceeded to trial before a magistrate. The magistrate recommended judgment in favor of defendant after finding that plaintiff failed to prove his claims for race and age discrimination by a preponderance of the evidence. Plaintiff filed two objections: (1) that the magistrate erred in concluding that plaintiff was not comparable to a black female employee, Bailey-Harris, who was treated more favorably than he was and (2) that the magistrate erred in concluding that plaintiff's termination was pretextual for unlawful discrimination. Regarding the first objection, the court determined that the magistrate did not err in concluding that Bailey-Harris was not comparable to plaintiff since plaintiff held a different position, had different job duties, had more experience, and was paid considerably more than Bailey-Harris. Regarding the second objection, the court found that the magistrate did not err in concluding that plaintiff's supervisor would have made the same decision to terminate plaintiff absent any impermissible bias against him because there was sufficient evidence revealing that plaintiff's supervisor had taken issue with plaintiff's performance and determined that he was not right for the position. Both of plaintiff's objections were overruled, and judgment was rendered in favor of defendant.

Arbitration Agreement waiver scope. Trial court properly found that the parties' dispute was not governed by arbitration plaintiff's claims existed independently of the employment relationship and her R.C. Chapter 4112-based claims were not subject to arbitration due to lack of sufficient evidence of assent and/or waiver.