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Plaintiffs are Required to Produce Evidence of More Favorable Treatment of Comparable Employees to Show a Case of Reverse Discrimination

In the case McGinty v. Ohio State Univ., 2020-Ohio-2872, the Ohio Court of Claims held that plaintiff failed to prove by a preponderance of the evidence that the legitimate, nondiscriminatory reason for his termination had no basis in fact, did not actually motivate the employer’s conduct, or was insufficient to warrant the challenged conduct. Plaintiff’s burden of proof is to show that the reason was pretextual and that reverse race and/or sex discrimination was the real reason he was fired.

In this case, after an initial period of a successful working relationship, plaintiff found himself ostracized and questioned by his supervisor. The supervisor had joined the staff from another institution bringing with her former employees. Plaintiff believed that his poor evaluations and requested resignation was due to reverse racial and/or sex discrimination.

The magistrate found that while plaintiff’s testimony was more reliable than defendant’s testimony, plaintiff had failed to provide evidence that racial and/or sex discrimination was the real reason for the requested resignation. Plaintiff was an at-will employee, and he agreed that he had fallen out of favor with defendant. Accordingly, the magistrate found in favor of the defendant.

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 like the 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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