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





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January Term, 2009

discrimination under R.C. 4112.99 and a claim of age discrimination in violation of Ohio’s public policy. Meyer had been replaced by an employee who was in his early twenties.

{¶ 5} On May 1, 2006, UPS moved for summary judgment on all of Meyer’s claims. This motion was premised, in part, on the contention that R.C. 4112.14(C) barred all age-discrimination claims because the proceeding through which Meyer’s grievance had been denied was the equivalent of arbitration and his termination had been upheld in that proceeding. The trial court denied UPS’s motion for summary judgment.

{¶ 6} The case proceeded to a jury trial in August 2006.2 The jury found in Meyer’s favor on both his R.C. 4123.90 claim of workers’ compensation retaliatory discharge and his R.C. 4112.99 claim of age discrimination. The trial court entered judgment on the jury verdicts. Meyer was awarded back pay of $113,592, other compensatory damages of $175,000, punitive damages of $25,000 on the age-discrimination claim, prejudgment interest of $47,616.03, and attorney fees and costs in the amount of $135,194.45. The trial court imposed postjudgment interest and ordered UPS to reinstate Meyer to his position.

{¶ 7} Upon UPS’s appeal, the First District Court of Appeals rejected several of UPS’s arguments regarding the age-discrimination claim, including that the claim was barred by R.C. 4112.14(C). 174 Ohio App.3d 339, 2007-Ohio- 7063, 882 N.E.2d 31, ¶ 16-30. Although the court of appeals held that the UPS grievance proceeding that upheld Meyer’s termination was the “functional equivalent” of arbitration, it also ruled that the statute’s bar is not applicable to an age-discrimination claim brought solely under R.C. 4112.99. Id. at ¶ 28-30. However, the court concluded that Meyer was not entitled to a jury trial on his statutory workers’ compensation retaliatory-discharge claim. The allowance of a

2. Meyer voluntarily dismissed his public-policy age-discrimination claim during the trial.


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