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School Districts May Not Mandate Unapproved Vaccine

House Bill 244 will go into effect on October 13, 2021 and will prohibit school districts from requiring a vaccine not fully approved by the Food and Drug Administration and discriminating against individuals who are not vaccinated. This discrimination could include prohibiting the participation of unvaccinated individuals in activities or requiring these same individuals to […]

Employer Proves Hiring Decision is Not Discriminatory

In the case Drummond v. Ohio Dept. of Rehab. & Corr., 2021-Ohio-2408, the Ohio Court of Claims held that it was not discriminatory to hire a younger, less experienced candidate of a different race than other applicants. Here, an African American employee filed a discrimination claim against the employer, alleging that a younger, less qualified […]

Consent Agenda Invalid if Results in Inaccurate Meeting Minutes

In the case of State ex rel. Ames v. Portage Cty. Bd. Of Commrs., Slip Opinion No. 2021-Ohio-2374, the Eleventh District Court of Appeals held that the Board may have violated the Open Meetings Act through its use of a consent agenda and the individual may be eligible for damages. Here, the individual argued that […]

Abuse of Process Complaint May Proceed When Supported By Specific Facts

In the case Gemperline v. Franano, 2021-Ohio-2394, the Fifth District Court of Appeals held a complaint that included an abuse of process claim could proceed when the allegations made throughout the complaint had a sufficient factual basis. Here, the plaintiff-appellant argued the allegations in the complaint demonstrated specific facts to support an abuse of process […]

A Decision of an Administrative Agency to Terminate a Non-Teaching Employee Will be Given Deference by the Court

In the case of Lamb v. Reynoldsburg Civ. Serv. Comm., 2021-Ohio-2322, then Tenth District Court of Appeals upheld the termination of a janitor from a school district for exhibiting threatening behavior and creating a hostile work environment. Here, the employee appealed the decision, stating there was insufficient evidence to support the employee’s termination and the […]