No Wrongful Discharge Claims Under Ohio Public Policy Against Age Discrimination

October 16, 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.

Prior to Leininger, some Ohio courts permitted plaintiffs to circumvent the 180-day limitation period for discrimination claims by bringing a public policy claim based on age discrimination. Such public policy claims were appealing to plaintiffs for two reasons: (1) the statute of limitations is 4 years rather than 180 days; and (2) there is a wide range of remedies available to successful plaintiffs.

The Leininger Court closed this loophole . Now, potential age discrimination plaintiffs must bring suit within 180 days of the allegedly discriminatory act in order to seek a broad range of remedies. Employers will have greater certainty concerning adverse employment decisions after six months have elapsed.

The Ohio Revised Code still provides age discrimination plaintiffs with several alternative courses of action, each with distinct remedies :

Employees can file an administrative charge with the Ohio Civil Rights Commission ("OCRC") under Ohio Rev. Code § 4112.05 within 180 days of the allegedly discriminatory act. The type of remedies available to an employee are limited to reinstatement and back pay. Employees who file an administrative charge are prohibited from filing a lawsuit alleging age discrimination.

In the alternative, employees may bring a lawsuit under Ohio Rev. Code § 4112.02 or § 4112.99. Under both of these statutes, employees may seek a wide variety of remedies, including monetary damages. Regardless of which statute the employee chooses, the lawsuit must be brought within 180 days of the allegedly discriminatory action.

Finally, employees claiming discrimination in hiring or discharge may bring suit under Ohio Rev. Code § 4112.14. Remedies under this section are limited to reinstatement, back pay, costs and attorneys' fees. While the damages available are very limited, there is a significantly longer statute of limitations. Plaintiffs have 6 years - not 180 days - to bring suit under this statute.

This is a general summary of the implications of Leininger. Jackson Lewis attorneys are available to answer inquiries regarding age discrimination and other workplace issues.

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