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Bees and GEDs Not Discriminatory

In the case of Johnson v. Toledo, Div. of Sts., Bridges & Harbor, 2022-Ohio-4418, the appellate court held that a city was not liable for R.C. 4112.02 employment discrimination claims based upon either disability or race as the city granted all bee-related accommodation requests and uniform, minimum educational requirement for employment was not met.

In this case, the employee alleged that the city discriminated against the employee based on disability because the employee was stung with a bee while working and based on race because the employee did not graduate from high school or have a GED. In response, the city argued that the city granted the employee all bee-related accommodation requests — despite there being no evidence that the employee was even allergic to bees — and there is no evidence that the employee was even stung by a bee. The city also responded by arguing that all employees were required to have either a high school diploma or GED regardless of race and the city even offered to assist the employee in obtaining these minimum educational requirements. The appellate court agreed with the city.

In support of its decision, the appellate court simply found no evidence to support the conclusory, unsupported allegations of the employee. Simply put, absolutely no fact supported any of the allegations asserted against the city.

WARNING: This holding was based upon the undisputed material facts in this case. The outcome may have been much different had the facts been different.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.


Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.


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