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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 4 / 23

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SUPREME COURT OF OHIO

jury trial on that claim tainted the entirety of the proceedings, the appellate court held, because the evidence presented to the jury went to both the retaliation claim and the age-discrimination claim, which were “inextricably linked.” Id. at ¶ 2, 39-40, 46. The court reversed in total the judgment in favor of Meyer and remanded for further proceedings. Id. at ¶ 69.

{¶ 8}

We accepted UPS’s appeal under our discretionary jurisdiction for

review of framework

a single proposition of law:

for

age discrimination

claims

“In order to

that

the

General

preserve the detailed Assembly enacted, an

age discrimination claim brought under the general language of subject to the substantive provisions of R.C. 4112.02 and R.C.

  • R.

    C. 4112.99 is

    • 4112.14.

      ” 118

Ohio way

St.3d 1432, 2008-Ohio-2595, implicate the R.C. 4123.90

887 N.E.2d 1201. This appeal does not in any claim for workers’ compensation retaliation,

which is subject to further proceedings below discrimination claim is resolved in this court.3

regardless

of

how

the

age-

  • II.

    Relevant Statutes and Case Law

    • A.

      Statutes

{¶ 9} R.C. 4112.02(A) generally prohibits discriminatory employment practices, including age discrimination.4 R.C. 4112.02(N) specifically provides a right to file an age-discrimination action:

3. We did not accept for review Meyer’s cross-appeal, which challenged the court of appeals’ holding that there should not have been a jury trial on his statutory claim of workers’ compensation retaliation. As a result, the court of appeals’ determination that the trial court’s judgments on the jury verdicts and on additional issues must be reversed and remanded stands as conclusively established and is not within the scope of this appeal.

4. {¶ a} R.C. 4112.02(A) provides:

{¶ b} “It shall be an unlawful discriminatory practice: {¶ c} “(A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.”

4

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