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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 5 / 23





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January Term, 2009

{¶ 10} “An aggrieved individual may enforce the individual’s rights relative to discrimination on the basis of age as provided for in this section by instituting a civil action, within one hundred eighty days after the alleged unlawful discriminatory practice occurred, in any court with jurisdiction for any legal or equitable relief that will effectuate the individual’s rights.

{¶ 11} “A person who files a civil action under this division is barred, with respect to the practices complained of, from instituting a civil action under section 4112.14 of the Revised Code and from filing a charge with the commission under section 4112.05 of the Revised Code.”5

6 {¶ 12} R.C. 4112.14, which was at one time codified at R.C. 4101.17, addresses certain specific types of employment age discrimination. That statute provides:

{¶ 13} “(A) No employer shall discriminate in any job opening against any applicant or discharge without just cause any employee aged forty or older who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.

{¶ 14} “(B) Any person aged forty or older who is discriminated against in any job opening or discharged without just cause by an employer in violation of division (A) of this section may institute a civil action against the employer in a

court of competent jurisdiction. If discriminated on the basis of age, the which shall include reimbursement to

the court finds that an employer has court shall order an appropriate remedy the applicant or employee for the costs,

  • 5.

    R.C. 4112.05 is not implicated in this case.

  • 6.

    Former R.C. 4101.17 was incorporated into R.C. Chapter 4112 and renumbered as R.C.

    • 4112.14

      , effective October 29, 1995. Am.Sub.S.B. No. 162, 146 Ohio Laws, Part V, 9163, 9627.

Prior to that renumbering, this court in Morris v. Kaiser Engineers, Inc. (1984), 14 Ohio St.3d 45, 14 OBR 440, 471 N.E.2d 471, paragraph two of the syllabus, held that a six-year statute of limitations applied to former R.C. 4101.17.


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