In the case Nance v. Lima Auto Mall, Inc., 2020-Ohio-3419, 2020 Ohio App. LEXIS 2352, an Ohio appellate court held that the trial court did not err in granting the employer’s motion for summary judgment, because the employee failed to demonstrate that she was treated less favorably than her male coworkers after engaging in the same type of conduct. And in the absence of such a showing, she could not establish a prima facie case for gender discrimination under R.C. 4112.02. Further, the employer was able to produce evidence of legitimate, nondiscriminatory reasons for her termination and the employee was not able to demonstrate that the nondiscriminatory reasons for her termination were pretextual. However, the trial court applied the wrong legal standard, evaluating the employee’s perceived disability discrimination claim, as a disability discrimination claim. The employee did not have to point to evidence that she actually had a qualifying disability in order to defeat summary judgment.
Judgment affirmed in part, reversed in part and cause remanded.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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