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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 6 / 23

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SUPREME COURT OF OHIO

including reasonable attorney’s fees, of the action, or to reinstate the employee in the employee’s former position with compensation for lost wages and any lost fringe benefits from the date of the illegal discharge and to reimburse the employee for the costs, including reasonable attorney’s fees, of the action. The remedies available under this section are coexistent with remedies available pursuant to sections 4112.01 to 4112.11 of the Revised Code; except that any person instituting a civil action under this section is, with respect to the practices complained of, thereby barred from instituting a civil action under division (N) of section 4112.02 of the Revised Code or from filing a charge with the Ohio civil rights commission under section 4112.05 of the Revised Code.

{¶ 15} “(C) The cause of action described in division (B) of this section and any remedies available pursuant to sections 4112.01 to 4112.11 of the Revised Code shall not be available in the case of discharges where the employee has available to the employee the opportunity to arbitrate the discharge or where a discharge has been arbitrated and has been found to be for just cause.” (Emphasis added.)

{¶ 16} R.C. 4112.99 provides in its entirety: {¶ 17} “Whoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief.”

  • B.

    Case law

    • 1.

      Elek v. Huntington Natl. Bank

{¶ 18} In Elek v. Huntington Natl. Bank (1991), 60 Ohio St.3d 135, 135- 136, 573 N.E.2d 1056, Elek filed an action in common pleas court pursuant to R.C. 4112.99 for handicap discrimination, and the common pleas court dismissed the complaint for lack of jurisdiction. Upon review, this court stated that a plain reading of R.C. 4112.99 “yields the unmistakable conclusion that a civil action is available to remedy any form of discrimination identified in R.C. Chapter 4112.”

Id. at 136.

We also noted that the statutory-construction rule of R.C. 1.47

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