Genaro. v. Central Transport, Inc.

703 N.E.2d 782, 84 Ohio St. 3d 293
CourtOhio Supreme Court
DecidedJanuary 13, 1999
DocketNo. 97-1595
StatusPublished
Cited by154 cases

This text of 703 N.E.2d 782 (Genaro. v. Central Transport, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Genaro. v. Central Transport, Inc., 703 N.E.2d 782, 84 Ohio St. 3d 293 (Ohio 1999).

Opinions

Douglas, J.

The United States District Court for the Northern District of Ohio, Eastern Division, has certified the following question to this court for our determination:

“For purposes of Ohio Rev.Code Ann. [Chapter] 4112, may a supervisor/manager be held jointly and/or severally liable with his employer for his conduct in violation of [R.C. Chapter] 4112?”

With respect to this question, the district court issued the following findings:

“The Ohio Supreme Court has ruled that federal case law interpreting and applying Title VII is generally applicable to cases involving [R.C. Chapter] 4112. Ohio Civil Rights Comm’n v. Ingram, (1994) 69 Ohio St.[3d 89, 93, 630 N.E.2d 669, 672]; Plumbers & Steamfitters Joint Apprenticeship Comm. v. Ohio Civil-Rights Comm’n, (1981), 66 Ohio St.2d 192, 196 [20 O.O.3d 200, 202-203, 421 N.E.2d 128, 131].

“The Sixth Circuit has determined that an individual employee/supervisor may not be held personally liable under Title VII. Wathen v. General Electric Co., [C.A.6, 1997], 115 F.3d 400.

“Federal courts in the Northern District of Ohio have addressed the issue of supervisor liability under both Title VII and [R.C. Chapter] 4112 and have determined that neither Title VII nor [R.C. Chapter] 4112 provide[s] for claims against supervisors in their individual capacity. The Courts determined that the reasoning behind precluding individual capacity suits under Title VII applies equally to preclude such suits under [R.C. Chapter] 4112. The agent provision in the statutory definition of employer in Title VII only ensures that employers cannot escape respondeat superior or agency liability. Likewise, [R.C. Chapter] 4112’s definition of employer including ‘any person acting directly or indirectly in the interest of an employer,’ instead of the term ‘agent’ is meant only to ensure [296]*296that employers cannot escape respondeat superior or agency liability. Czupih v. Card Pak, Inc. [N.D.Ohio 1996], 916 F.Supp. 687; Gausmann v. City of Ashland [N.D.Ohio 1996], 926 F.Supp. 635. But see DeLoach v. American Red Cross [N.D.Ohio 1997, 967 F.Supp. 265] * * *; Griswold v. Fresenius USA, Inc.. [N.D.Ohio 1997, 964 F.Supp. 1166] * * *.

“Absent a contrary ruling by the Ohio Supreme Court, the Court finds that [R.C. Chapter] 4112, like Title VII, does not provide for claims against supervisors in their individual capacities.”

The question of state law certified by the district court presupposes employer liability. Considering the question as it arose in the context of the underlying litigation, the issue before the court may be more directly phrased as whether supervisors and managers are named proper party defendants for claims brought pursuant to R.C. Chapter 4112? In other words, may supervisors and managers be held personally liable for unlawful discriminatory acts committed by such persons in violation of R.C. Chapter 4112?

For the reasons that follow, we answer the certified question in the affirmative.

Petitioners argue that the plain language of R.C. Chapter 4112 imposes individual liability on managers and supervisors for their discriminatory conduct found to be in violation of R.C. Chapter 4112. We agree.

R.C. 4112.02 provides that “[i]t shall be an unlawful discriminatory practice: (A) [f]or any employer, because of the race, color, religion, sex, national origin, handicap, age, or ancestry of any person, * * * 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.” R.C. 4112.01(A)(2) defines “employer” as “any person employing four or more persons within the state, and any person acting directly or indirectly in the interest of an employer.” (Emphasis added.) Further, the term “person” is defined very broadly by R.C. 4112.01(A)(1) as including “one or more individuals, * * * any owner, lessor, assignor, * * * agent, [and] employee.” It is clear that the R.C. 4112.01(A)(2) definition of “employer,” by its very terms, encompasses individual supervisors and managers whose conduct violates the provisions of R.C. Chapter 4112.

Moreover, R.C. 4112.08 mandates that “[t]his chapter [4112] shall be construed liberally for the accomplishment of its purposes * * This court has noted in numerous cases the existence of a strong public policy against discrimination. A majority of this court have, time and time again, found that there is no place in this state for any sort of discrimination no matter its size, shape, or form or in what clothes it might masquerade. This, of course, includes discrimination in the workplace. For instance in Helmick v. Cincinnati Word Processing, Inc. (1989), 45 Ohio St.3d 131, 133, 543 N.E.2d 1212, 1215, we stated that “there appears to be [297]*297little question that R.C. Chapter 4112 is comprehensive legislation designed to provide a wide variety of remedies for employment discrimination in its various forms.” See, also, Kerans v. Porter Paint Co. (1991), 61 Ohio St.3d 486, 575 N.E.2d 428, and Collins v. Rizkana (1995), 73 Ohio St.3d 65, 652 N.E.2d 653, indicating that Ohio’s statutory framework and case law reflect Ohio’s strong public policy against workplace discrimination. By holding supervisors and managers individually liable for their discriminatory actions, the antidiscrimination purposes of R.C. Chapter 4112 are facilitated, thereby furthering the public policy goals of this state regarding workplace discrimination.

Further, while this court has not previously spoken on this issue, three decisions from courts of appeals of this state have held that liability may be imposed against supervisors and managers in their individual capacity for conduct in violation of R.C. Chapter 4112. See Davis v. Black (1991), 70 Ohio App.3d 359, 370, 591 N.E.2d 11, 19 (“Clearly, the supervisor for whom an employer may be vicariously hable under the doctrine of respondeat superior is also an employer within this definition [R.C. 4112.01(A)(2) ].”); Seiber v. Wilder (Oct. 12, 1994), Greene App. No. 94CA32, unreported, 1994 WL 558969 (individual supervisor defendants were not entitled to summary judgment because “[t]he definition of ‘employer’ in R.C. 4112.01(A)(2) has been construed to include supervisors,” citing Davis, 70 Ohio App.3d at 370, 591 N.E.2d at 19); and Cisneros v. Birck (Apr. 11, 1995), Franklin App. No. 94APE08-1255, unreported, 1995 WL 222156 (individual liability could exist against defendant in his individual capacity, where defendant, who was essentially a one-man corporation, was also considered an employer under R.C. 4112.01[A][2] by acting directly or indirectly in the interest of his own corporation).

It is well settled that “[a] Federal Court should not disregard the decisions of intermediate appellate state courts unless it is convinced by other persuasive data that the highest court of the state would decide Otherwise.” Garraway v. Diversified Material Handling, Inc. (N.D.Ohio 1997), 975 F.Supp. 1026, 1030, citing Commr. of Internal Revenue v. Estate of Bosch

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703 N.E.2d 782, 84 Ohio St. 3d 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genaro-v-central-transport-inc-ohio-1999.