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Cheek v. Indus. Powder Coatings, Inc.

Supreme Court of Ohio
Mar 10, 1999
84 Ohio St. 3d 534 (Ohio 1999)

Summary

holding that "an individual employee, not otherwise deemed to be an 'employer' under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev. Code §§ 4112.01, 4112.02 & 4112.99"

Summary of this case from Parson v. Homer

Opinion

No. 97-1962

Submitted February 10, 1999

Decided March 10, 1999.

ON ORDER from the United States District Court for the Northern District of Ohio, Western Division, Certifying Question of State Law, No. 3:96CV7771.

Reese M. Wineman, for respondent.

Ziegler, Metzger Miller L.L.P., Stephen M. Bales and John E. Redeker, for petitioners.


Pursuant to S.Ct.Prac.R. XVIII, the United States District Court certified the question of "Whether an individual employee, not otherwise deemed to be an `employer' under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev. Code §§ 4112.01 (A)(2), 4112.02 (A) 4112.99?"

Our response is in the affirmative. See Genaro v. Cent. Transport, Inc. (1999), 84 Ohio St.3d 293, 703 N.E.2d 782.

MOYER C.J., DOUGLAS RESNICK, F.E. SWEENEY PFEIFER and COOK, JJ., concur.

LUNDBERG STRATTON J., dissents.


I disagree with the majority for the reasons set out in the dissenting opinions in Genaro v. Cent. Transport, Inc. (1999), 84 Ohio St.3d 293, 703 N.E.2d 782. I would hold that the General Assembly intended R.C. Chapter 4112 to impose liability only on employers, not on an employer's managers or supervisors. Therefore, I respectfully dissent.


Summaries of

Cheek v. Indus. Powder Coatings, Inc.

Supreme Court of Ohio
Mar 10, 1999
84 Ohio St. 3d 534 (Ohio 1999)

holding that "an individual employee, not otherwise deemed to be an 'employer' under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev. Code §§ 4112.01, 4112.02 & 4112.99"

Summary of this case from Parson v. Homer

holding that "an individual employee, not otherwise deemed to be an 'employer' under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev. Code §§ 4112.01, 4112.02 & 4112.99"

Summary of this case from Braun v. Ultimate Jetcharters, Inc.

holding that "an individual employee, not otherwise deemed to be an `employer' under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev. Code §§ 4112.01, 4112.02 4112.99"

Summary of this case from Hout v. City of Mansfield

holding that individual employees who are not otherwise employers under the statute may be held individually liable for their own discriminatory conduct under the Ohio Civil Rights Act

Summary of this case from Sublett v. Edgewood Universal Cabling Systems

holding that individual employees who are not otherwise employers under the statute may be held individually liable for their own discriminatory conduct under the Ohio Civil Rights Act

Summary of this case from Sublett v. Edgewood Universal Cabling Systems, Inc.
Case details for

Cheek v. Indus. Powder Coatings, Inc.

Case Details

Full title:CHEEK, RESPONDENT, v. INDUSTRIAL POWDER COATINGS, INC. ET AL PETITIONERS

Court:Supreme Court of Ohio

Date published: Mar 10, 1999

Citations

84 Ohio St. 3d 534 (Ohio 1999)
706 N.E.2d 323

Citing Cases

Hout v. City of Mansfield

Under Ohio law, an individual employee may be liable for employment discrimination. Ohio Rev. Code § 4112;…

Sublett v. Edgewood Universal Cabling Systems, Inc.

The Supreme Court of Ohio has stated, however that § 4112.01 (A)(2) is more broad and encompassing than Title…