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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 […]

Nursing Homes May Be Liable in Wrongful Death Suit

In the case of Estate of Fleenor v. Ottawa Cty., 2021-Ohio-2251, the Sixth District Court of Appeals ruled that a county-owned nursing home is not entitled to immunity in a wrongful death claim on behalf of a patient who died after a fall at the home when the liability of the nursing staff is in […]