Discrimination Cases

This is a retaliatory discharge claim brought by an employee against his employer, alleging he was fired in retaliation for claiming workers' compensation benefits. The trial court ruled in favor of the employee, finding that the employee had made a prima facie showing that his termination was in retaliation for his claim for workers' compensation benefits. The trial court also found that the employee established the employer's stated non-discriminatory reason was pretext. Because the record does not reflect that the trial court exercised its own independent judgment, we vacate and remand for proceedings consistent with this opinion.

Race discrimination summary judgment R.C. 4112.02(A) Civ.R. 56(C) Ohio Civil Rights Act discriminatory animus direct evidence indirect evidence prima facie case. The trial court did not err when it granted the defendant's summary judgment motion on the plaintiff's race discrimination claim because the plaintiff failed to meet his burden in establishing a prima facie case of race discrimination through direct or indirect evidence. Accordingly, no genuine issues of material fact remained, and the defendant was entitled to judgment as a matter of law.

Disability discrimination perceived prima facie transitory and minor. A plaintiff claiming disability discrimination cannot make out a prima facie case of being perceived as disabled if the plaintiff's injuries are transitory and minor — defined under federal law as an impairment with an actual or expected duration of six months or less. Although plaintiff-employee had been placed on disability leave after breaking bones in both hands, her injuries healed and she returned to work in six weeks. The court did not err by directing a verdict in favor the defendant-employer because the plaintiff's injuries were thus transitory and minor, excluding her from a "perceived as" disabled discrimination claim.

Appellant failed to provide clear and convincing evidence that he was denied parole based on impermissible discrimination.

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.

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.

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.

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