In the case of Jiashin Wu v. Ohio Civ. Rights Comm’n, 2021-Ohio-1541, the Ohio Court of Appeals held that the letter of determination upon reconsideration issued by the Ohio Civil Rights Commission (“Commission”) adequately and sufficiently explained the decision to dismiss Dr. Wu’s claims of discrimination.
In this case Dr. Wu argued that pursuant to R.C. 119.06, the Commission violated his 14th Amendment Due Process Rights by failing to provide notice and an opportunity to be heard. Wu further argued that the trial court erred by refusing to overturn the Commission’s factual findings in violation of R.C. 4112.06, the Ohio Administrative Procedure, and the procedure for appeal of an administrative officer and agency order. The Court of Appeals disagreed.
The Court concluded that the Commission was not subject to the requirements of R.C. 119.06 because the determination letter was the result of a preliminary investigation, and that the Commission appropriately complied with the adjudicatory procedures. The Court found that the trial court reviewed all necessary evidence and was correct in its findings. The decision of the Portage County Court of Common Pleas was affirmed.
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.