Finally get that promotion? Get exclusive content, tips and tools to help you excel.
Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
An Ohio appellate court held that a school worker did not need to exhaust her union arbitration rights before suing for disability discrimination under Ohio law.
On Aug. 29, 2013, Jenifer Worley filed a complaint against the Newton Falls Exempted Village School for disability discrimination pursuant to Ohio law, R.C. Chapter 4112, and intentional and/or negligent infliction of emotional distress. Newton Falls School filed a motion of summary judgment based on Worley’s failure to exhaust her administrative remedies under Ohio law. The trial court granted Newton Falls School summary judgment. Worley appealed.
Ohio law (R.C. 4112.02(A)) prohibits employers from discriminating against employee based on a disability. In addition, an employer who discriminates against an employee based on disability is civilly liable for damages, injunctive relief, or any other appropriate relief, according to R.C. 4112.99. The appellate court also noted that in Elek v. Huntington Natl. Bank, 60 Ohio St.3d 135 (June 21, 1991), the Ohio Supreme Court said that R.C. 4112.99 provides the only civil remedy to address disability discrimination.
Nonetheless, Newton Falls School argued that Worley had to exhaust her administrative remedies pursuant to R.C. 4112.14(C) and arbitrate her discharge pursuant to her collective bargaining agreement. Worley argued that R.C. 4112.14(C) properly applies only to age discrimination claims. The appellate court agreed with Worley, ruling that R.C. 4112.14(C) is not applicable to any “non-age discrimination claim” brought pursuant to R.C. 4112.99. The court found that Worely could file a civil action for disability discrimination without pursuing administrative remedies, and remanded the case to the trial court, overturning the grant of summary judgment.
Worley v. Newton Falls Exempted Vill. Sch. Bd. of Educ., Ohio Ct. App., No. 2014-T-0024 (Dec. 8, 2014).
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Member Discounts Program
SHRM’s HR Vendor Directory contains over 10,000 companies