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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 7 / 23





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January Term, 2009

“specifically directs courts to give effect to an entire statute” and recognized that “no other section of R.C. Chapter 4112 confers upon an alleged victim of handicap discrimination the right to pursue a civil action. Thus, there can be no conflict between R.C. 4112.99 and the provisions of a more specific subsection. In those instances where such alleged conflict may be presented, existing rules of statutory construction are available to address them (see, e.g., R.C. 1.51 [special provision normally prevails over general provision] * * *).” Id. at 137. In addition, we observed in Elek that “in the area of age discrimination there already exists a redundancy between R.C. 4112.02(N) and 4101.17 [now R.C. 4112.14].”7 Id.


Bellian v. Bicron Corp.

{¶ 19} In Bellian v. Bicron Corp. (1994), 69 Ohio St.3d 517, 519, 634

  • N.

    E.2d 608, Bellian brought an age-discrimination claim pursuant to R.C.

    • 4112.99

      and argued that he need not comply with the 180-day statute of

limitations of R.C. 4112.02(N) because he was not relying on that statute. Bellian asserted that because R.C. 4112.99 states no limitations period, he should be subject to the six-year statute of limitations of R.C. 2305.07. This court rejected that argument, holding at the syllabus that “[a]ny age discrimination claim, premised on a violation described in R.C. Chapter 4112, must comply with the one-hundred-eighty-day statute of limitations period set forth in former R.C. 4112.02(N).”

{¶ 20} In reaching that conclusion, this court in Bellian noted that Elek had recognized that in some instances, R.C. 4112.99 might conflict with more specific provisions within R.C. Chapter 4112. In Bellian, we then applied a rule

of statutory construction — R.C. 1.51 — mentioned in Elek:

7. At the time Elek was decided, R.C. 4101.17 had not yet been recodified as R.C. 4112.14.


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