Supreme Court Rejects Public Policy Claims for Age Discrimination, Shortening Time for Bringing Discrimination Claims Against Ohio Employers

On September 27, 2007, the Ohio Supreme Court issued a 6-1 decision holding that public policy wrongful discharge claims (based on prohibitions against age discrimination) may no longer be brought against employers subject to Ohio Revised Code § 4112 (governing employment discrimination). The rationale for this holding is that ORC § 4112 already provides sufficient remedies for injured plaintiffs without having to recognize a common law remedy. This holding will likely be applied to other employment discrimination claims as well. The Court refused to address whether the holding will apply to employers who are NOT subject to ORC § 4112 (i.e., employers with less than 4 employees, etc.). The practical effect of this decision is to reduce the statute of limitations for ORC § 4112 claims of employment discrimination seeking damages to only 180 days (or 6 months), not four years as was available for common law public policy claims. (Plaintiffs still retain the right for six years to seek backpay, attorneys' fees, and reinstatement under ORC § 4112.14). Accordingly, the plaintiff’s claim in this case was dismissed for being filed beyond the 180 day limitations period. Leininger v. Pioneer Natl. Latex, 2007-Ohio-4921.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney. Insomniacs may read a copy of the decision at http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-Ohio-4921.pdf.