X hits on this document

PDF document

[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 14 / 23





14 / 23


{¶ 37} Our discussion in the text of the opinion continued: “We reject this argument. R.C. 4112.08 requires a liberal construction of R.C. Chapter 4112. Although R.C. 4112.02(N), 4112.08, and 4112.14(B) all require a plaintiff to elect under which statute (R.C. 4112.02, 4112.05, or 4112.14) a claim for age discrimination will be pursued, when an age discrimination claim accrues, a plaintiff may choose from the full spectrum of remedies available. Leininger’s argument also does not take into account the scope of R.C. 4112.99’s remedies. In Elek v. Huntington Natl. Bank (1991), 60 Ohio St.3d 135, 573 N.E.2d 1056, we stated that R.C. 4112.99 provides an independent civil action to seek redress for any form of discrimination identified in the chapter. Id. at 136, 573 N.E.2d 1056. A violation of R.C. 4112.14 (formerly R.C. 4101.17), therefore, can also support a claim for damages, injunctive relief, or any other appropriate relief under R.C. 4112.99. This fourth avenue of relief is not subject to the election of remedies.”

(Footnotes omitted.) N.E.2d 36, ¶ 31.

Leininger, 115 Ohio St.3d 311, 2007-Ohio-4921, 875

{¶ 38} The foregoing discussion in Leininger must be understood within its context. Of particular importance to that understanding is the statement within footnote 4 of Leininger explaining that this court was looking “at all the remedies available to a plaintiff at the time the claim accrued.” (Emphasis added.) Id., ¶ 31, fn. 4. Notably, “when an age discrimination claim accrues,” no statute of limitations has yet expired, and therefore an age-discrimination plaintiff at that time potentially can seek “the full spectrum of remedies available” under R.C. Chapter 4112, as the quoted passage of ¶ 31 of Leininger noted. Pursuant to our precedent, when a plaintiff files an age-discrimination claim solely under R.C. 4112.99 (as happened in Bellian), the plaintiff need not indicate which specific statutory remedies he or she is pursuing, a point also noted in the Leininger discussion. Therefore, a plaintiff who within 180 days files an age-discrimination claim in common pleas court under R.C. 4112.99 preserves the opportunity to


Document info
Document views76
Page views76
Page last viewedWed Jan 18 08:32:10 UTC 2017