In the case of Hostacky v. Ohio Dept. of Rehab. & Corr., 2021-Ohio-4464, the Tenth District Court of Appeals held that the dismissal of a state employee’s discrimination claims by the Court of Claims was proper.
Here, the employee filed the action in the Court of Claims alleging claims of gender discrimination, sexual harassment, and retaliation against the Ohio Department of Rehabilitation and Correction. The Ohio Department of Rehabilitation and Correction filed a motion to dismiss. The Court of Claims dismissed the employee’s claim noting that the claim was time-barred due to the expiration of the two-year statute of limitations period.
The Court of Appeals reasoned that the two-year statute of limitations period applies to claims in which employees seek monetary damages against the state for discrimination. As such, the dismissal by the Court of Claims for failure to state a claim was proper where the complaint was filed beyond the limitations period.
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.