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Professor’s Discrimination Complaint Properly Denied When Filed After the Statute of Limitations

In the case Nachowitz v. Miami Univ., 2021-Ohio-3245, the Court held that the trial court’s decision to grant a University’s motion for summary judgment was proper when the professor did not timely file a complaint of religious discrimination.

Here, the professor argued that the University discriminated against them based on their religion when denying an application for tenure.

The University argued that the complaint was untimely, noting that the University followed proper procedures to notify the professor of the denial to recommend the professor for tenure in January of 2019. The University further argued that because the professor did not bring the complaint until April of 2021, the complaint was barred by the two-year statute of limitations under R.C. 2743.16. The Court agreed.

The Court held that because the professor’s claims accrued when the professor received the tenure denial letter in January of 2019, the professor’s complaint was untimely and thereby tolled by the requisite statute of limitations. As such, the Court found that summary judgment in favor of the University was proper.

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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