Failure to Accommodate Cases

Judgment affirmed. Although the appellant designated only the trial court's final judgment in his notice of appeal, this court could address the trial court's interlocutory rulings because interlocutory orders merge with a court's final judgment. The trial court did not err by denying the appellant's motion to compel, motion for sanctions, motion to strike, or motion in limine. The appellant failed to demonstrate that his employer either waived its ability to rely on, or was prevented from relying on, his criminal background as the grounds for terminating his at-will employment. The trial court did not err by denying appellant's motion for judicial notice or motion for summary judgment. The trial court properly granted appellees summary judgment on appellant's claims of race discrimination, disability discrimination, retaliation, wrongful termination in violation of public policy, unlawful aiding and abetting of discrimination, and defamation.

Ohio Civil Rights Commission discrimination disability R.C. 4112.06 R.C. 4112.05 Americans with Disabilities Act, App.R. 12 App.R. 16 abuse of discretion OCRC record pre-complaint investigation no probable cause finding. Pro se appellant filed a complaint with the Ohio Civil Rights Commission against the Cleveland Clinic Foundation alleging that the hospital discriminated against her based on her disability because the hospital denied her provider of choice after the appellant sent numerous inappropriate messages to her doctor through the hospital's MyChart messaging system. The OCRC made a finding of no probable cause and dismissed her complaint. On appeal to the trial court, the court upheld the commission's decision. On appeal to this court, appellant argued that the OCRC submitted an incomplete record to the trial court, the trial court ignored her evidence, and the OCRC misinterpreted the law. The OCRC did not submit an incomplete record to the trial court and the trial court did not err when it did not consider the pro se appellant's additional filings because they were not part of the commission's record and the trial court determined that it would only consider the commission's record and the parties' briefs. The trial court did not abuse its discretion in determining that the OCRC's finding of no probable cause is not unlawful, irrational, arbitrary or capricious. Appellant did not show that her behavior was caused by her alleged mental disability, but even if she had so shown, the hospital did not terminate the physician-patient relationship because of appellant's alleged disability. The hospital offered to assist appellant to find another provider within the hospital system that could provide more suitable treatment.

Objections Civ.R. 53(D) Disability Discrimination Reasonable Accommodation Assault Battery Ratification. After trial, plaintiff filed objections to the magistrate's decision. The court overruled plaintiff's objections on her disability discrimination claims, finding that plaintiff's requests for transfer to two other facilities were not reasonable accommodations. However, the court sustained plaintiff's objection on her assault and battery claims, finding defendant ratified its employee's assault and battery upon plaintiff. Therefore, the court modified the magistrate's decision, rendered judgment in favor of plaintiff on her assault and battery claims, and referred the case to the magistrate for a determination of damages on the assault and battery claims.