Failure to Accommodate Cases

CIVIL - denial of judgment on the pleadings final appealable order R.C. 2744.02(C) statutory immunity employee of political subdivision school district malicious purpose, in bad faith, wanton or reckless negligence exceptions to immunity individual capacity official capacity R.C. 2744.02(B) R.C. 2744.03(A)(6).

Workers' compensation—Violation of specific safety requirement—Industrial Commission did not abuse its discretion in granting additional award—Record contained evidence supporting commission's finding that specific safety requirement applied, that employer violated it, and that violation was proximate cause of injury—Court of appeals' judgment denying of writ of mandamus affirmed.

discrimination, disability, employment, admission of evidence, manifest weight, failure to object, plain error, jury instructions

The Ohio Unemployment Compensation Review Commission (Commission) decided that Plaintiff-appellant's employment termination was for just cause, and, accordingly, that she was ineligible to receive unemployment compensation benefits. The trial court affirmed the Commission's decision. The record is not sufficient to allow a determination of whether the Commission's just cause conclusion is unlawful, unreasonable, or against the manifest weight of the evidence. In particular, the record needs to be further developed to allow the Commission to determine whether Plaintiff-appellant's termination violated the Family and Medical Leave Act (FMLA). Trial court judgment and Commission determination are reversed matter is remanded to the Commission for further proceedings.

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.