Retaliation Cases

Summary Judgment Civ.R 56 Breach of Contract Disability Discrimination Americans with Disabilities Act (ADA) Reasonable Accommodation Retaliation Negligent Infliction of Emotional Distress Unjust Enrichment. Plaintiff was denied admission to defendant's college of medicine because he had previously matriculated at another medical school, not because of a disability or his legal action against his prior medical school. Moreover, plaintiff did not request a reasonable accommodation for admission to make himself otherwise qualified under the ADA. As such, plaintiff was never an enrolled student at defendant's college of medicine and thus no binding contract existed between them. Additionally, defendant's retention of the application fee was not unjust enrichment because the decision to decline admission was exercised with professional judgment. Lastly, declined admission is not actual, or fear of, physical peril as required for negligent infliction of emotional distress. Therefore, the court issued summary judgment in favor of defendant on all claims.

Summary judgment Civ.R. 56 meaningful appellate review statement of reasons Ohio Civil Rights Act R.C. Chapter 4112 disability discrimination employment discrimination retaliation failure-to-accommodate discrimination 12-hour shifts. The trial court did not commit reversible error by failing to set forth detailed reasoning in its journal entry granting summary judgment to the defendant. A hospital was entitled to summary judgment on its employee's disability-discrimination, failure-to-accommodate, and retaliation claims where the hospital's reasonable staffing judgment required nurses to work twelve-hour shifts, the employee's doctor restricted the employee from working more than eight hours at a time and the employee and his doctor proposed no alternative accommodation other than working all eight-hour shifts. The employee's requested accommodation would have required the hospital to create a new shift for him, would have required other nurses to pick up the employee's patients for four hours at the end of each of his shifts, and would have negatively affected patient care by increasing the number of patient handoffs between nurses it was therefore not a reasonable accommodation.

workers' compensation Seagraves test constructive refusal of suitable employment