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 State Employment Law Articles
Report Link Ohio Age Discrimination Law Claim Barred by Arbitration Award Sustaining Employee's Dismissal.Jackson Lewis LLP - September 14, 2009 The Ohio Supreme Court has ruled that employees are prohibited from pursuing a claim for age discrimination under a section of Ohio’s fair employment practice statute (Revised Code § 4112.99) when a discharge has been arbitrated and found to be for “just cause.” Meyer v. United Parcel Service, Inc., 122 Ohio St.3d 104 (2009). The Ohio Supreme Court’s ruling provides clarity for age discrimination claims under Ohio law. Report Link Age Discrimination Claims Under Ohio Law May Be Barred By Internal Grievance Process.Baker Hostetler LLP - June 10, 2009 On June 2, 2009, the Ohio Supreme Court held that an age discrimination claim filed by a former employee of United Parcel Systems (“UPS”) was barred because an earlier internal “arbitration” proceeding found that the employee had been terminated for just cause. The Court’s decision in Meyer v. United Parcel Service, Inc., Slip Opinion No. 2009-Ohio-2463, highlights the importance of an appropriate internal grievance process in defending a lawsuit alleging age discrimination and offers clarification on Ohio’s unique statutory framework for age discrimination claims. Report Link No Wrongful Discharge Claims Under Ohio Public Policy Against Age Discrimination.Jackson Lewis LLP - October 18, 2007 Offering some comfort to employers and closing a loophole for plaintiffs, the Supreme Court of Ohio held that plaintiffs cannot assert a claim for wrongful discharge based on Ohio's public policy against age discrimination. Leininger v. Pioneer Nat'l Latex, 2007-Ohio-4921. As a result, plaintiffs must bring such claims under Ohio Revised Code Chapter 4112 or the federal Age Discrimination in Employment Act. Furthermore, by analogy, the Leininger decision should also invalidate public policy wrongful discharge claims based on other forms of employment discrimination and retaliation.
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March 24, 2010 Fisher & Phillips |
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