In the case Tanksley v. Howell, 2020-Ohio-4278, 2020 Ohio App. LEXIS 3172, an Ohio court of appeals found that in an employee did not establish that a supervisor’s reliance on a check-in and check-out violation as a basis for the suspension was a pretext for racial discrimination under R.C. 4112.02(A), because there was no indication that the employee’s failure to check-in or check-out had no basis in fact, was not the actual reason the suspension was upheld, or was insufficient to explain the suspension. The court also opined that supervisors could not be liable on the employee’s retaliation claim under R.C. 4112.02(I), because while the employee’s charge of unlawful discrimination before the Ohio Civil Rights Commission constituted protected activity, one supervisor issued the notice of policy violation two days before the employee filed the charge, and the other supervisor did not possess any discretion regarding the decision to suspend the employee, and thus did not take an adverse employment action against the employee. 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.