Discrimination, Ohio Courts, Sex Discrimination

Ohio Supreme Court Signals Possible Change to Individual Discrimination Liability for Private-Sector Employees

The Ohio Supreme Court recently held that public employees are not personally liable under certain Ohio anti-discrimination laws, but their actions may subject their political-subdivision employers to vicarious liability.

At the same time, the Court indicated that its decision in Hauser v. City of Dayton Police Dep’t, et. al, 2014-Ohio-3636, calls into question whether supervisors and managers of private-sector employers should be held personally liable under Ohio Rev.Code 4112 for discriminatory conduct, as they are now.

Given the right case, it is possible that the Court could decide that, like their public-sector brethren, supervisors and managers of private-sector employers may not be held personally liable for discriminatory conduct.

Continue reading “Ohio Supreme Court Signals Possible Change to Individual Discrimination Liability for Private-Sector Employees”

Sex Discrimination, Sixth Circuit

Plaintiff’s Substantial “Credibility Missteps” Render District Court’s Erroneous Admission Of Employer’s Testimony on Ultimate Issue — That There Was No Sexual Harassment — Harmless Error

The Sixth Circuit recently ruled that a plaintiff’s credibility at trial was so “irreparably undermined” that the district court’s erroneous admission of the employer’s evidence on the ultimate issue — that the employer had not engaged in sexual harassment — was harmless error.  Kendel v. Food & Commercial Workers Local 17-A, 6th Cir. No. 12-3409,  WL (January 22, 2013).

Plaintiff Kendel sued the Food & Commercial Workers Local 17-A, the United Food & Commercial Workers International Union, and Howard Barnes, the former president of Local 17-A, for sexual harassment and gender discrimination.  The district court granted summary judgment for the International. Kendel’s claims against Local 17-A and Barnes proceeded to trial.

Continue reading “Plaintiff’s Substantial “Credibility Missteps” Render District Court’s Erroneous Admission Of Employer’s Testimony on Ultimate Issue — That There Was No Sexual Harassment — Harmless Error”