Retaliation Cases

Appellant's assignments of error, which challenged the trial court's determination that he failed to exhaust administrative remedies because he did not allege in his charge to the Ohio Civil Rights Commission that he had been constructively discharged, were moot because appellant did not assign as error the trial court's independent determination that his claims of discrimination and retaliation predicated on constructive discharge were time-barred under R.C. 4112.052(C). Trial court's judgment is affirmed on that unchallenged basis.

Civ.R. 56; motion for summary judgment; race discrimination; age discrimination; hostile work environment; retaliation. Defendant was entitled to summary judgment on plaintiff's claim that defendant unlawfully discriminated against her based on race and age because plaintiff could not establish a prima facie case of age discrimination and the evidence presented showed that defendant terminated plaintiff's employment for a legitimate, non-discriminatory purpose. Defendant was also entitled to summary judgment on plaintiff's claim for hostile work environment because none of the evidence showed that the alleged harassment that plaintiff experienced was based upon race or age. Finally, defendant was entitled to summary judgment on plaintiff's claim for retaliation because plaintiff could not establish a prima facie case of retaliation as plaintiff could not show a causal connection between her protected activity and the termination of her employment. Judgment for defendant.

summary judgment; workers' compensation retaliation claim; R.C. 4123.90; no genuine issue of material fact regarding legitimate and non-retaliatory reason for termination