Mauzy v. Kelly Services, Inc.

664 N.E.2d 1272, 75 Ohio St. 3d 578
CourtOhio Supreme Court
DecidedJune 12, 1996
DocketNo. 95-301
StatusPublished
Cited by425 cases

This text of 664 N.E.2d 1272 (Mauzy v. Kelly Services, 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
Mauzy v. Kelly Services, Inc., 664 N.E.2d 1272, 75 Ohio St. 3d 578 (Ohio 1996).

Opinions

Alice Robie Resnick, J.

There are two issues presented for our determination — one involving the grant of summary judgment in favor of appellees on Mauzy’s claim of unlawful age discrimination under former R.C. 4101.17, and the other involving the denial of two requests by Mauzy for additional discovery. The facts pertaining to the second issue will be set forth infra. We proceed first to the issue of summary judgment because this issue can be resolved without regard to the further issue of discovery.

[582]*582I

The broad issue here is whether Mauzy presented sufficient evidence to withstand a motion for summary judgment. Ultimately, this issue turns on whether the circumstances surrounding Mauzy’s separation from Kelly can properly be viewed as a “discharge” under former R.C. 4101.17. However, in light of the opinions below and the arguments advanced by the parties, we find it necessary to clarify certain aspects of the requirements for establishing a prima facie case of age discrimination.

Former R.C. 4101.17 (now renumbered R.C. 4112.14) provided in part as follows:

“(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.”

In Barker v. Scovill, Inc. (1983), 6 Ohio St.3d 146, 6 OBR 202, 451 N.E.2d 807, we adopted the analytic framework established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973), 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668, for use in Title VII cases, and modified the elements of a prima facie case to fit the contours of former R.C. 4101.17. Thus, we held that:

“In order to establish a prima facie case of age discrimination, violative of R.C. 4101.17, in an employment discharge action, plaintiff-employee must demonstrate (1) that he was a member of the statutorily-protected class, (2) that he was discharged, (3) that he was qualified for the position, and (4) that he was replaced by, or that his discharge permitted the retention of, a person not belonging to the protected class. Defendant-employer may then overcome the presumption inherent in the prima facie case by propounding a legitimate, nondiscriminatory reason for plaintiffs discharge. Finally, plaintiff must be allowed to show that the rationale set forth by defendant was only a pretext for unlawful discrimination.”2

In Kohmescher v. Kroger Co. (1991), 61 Ohio St.3d 501, 575 N.E.2d 439, at the syllabus, we modified Barker, in relevant part, by prefacing the first paragraph of its syllabus with the phrase, “Absent direct evidence of age discrimination.” In so doing, we explained as follows:

“Research indicates that the McDonnell Douglas standards borrowed in Barker, supra, were never intended to be applied strictly. * * *

[583]*583“Moreover, as the high court stated in Trans World Airlines, Inc. v. Thurston (1985), 469 U.S. 111, 121, 105 S.Ct. 613, 621, 83 L.Ed.2d 523, 533, ***'*** the McDonnell Douglas test is inapplicable where the plaintiff presents direct evidence of discrimination. * * * ’

“ * * * As the court stated in Barnes v. GenCorp., Inc. (C.A.6, 1990), 896 F.2d 1457, 1464: ‘ * * * the importance of the McDonnell Douglas “test” is its discussion of the elements a plaintiff must prove to establish a prima facie case of discrimination absent direct, circumstantial, or statistical evidence of discrimination.’ (Emphasis added.) * * *

« * * *

“Therefore, based on all of the foregoing, we modify the first sentence of paragraph one of the syllabus in Barker, supra, * * *. Under this modified standard, it should be abundantly clear that direct evidence of age discrimination will be sufficient to establish a prima facie case.” Id., 61 Ohio St.3d at 504-506, 575 N.E.2d at 442-443.

The court of appeals interpreted the words “direct evidence” to mean “ ‘[evidence that directly proves a fact, without an inference or presumption.’ ” Both parties agree that this interpretation, as stated and applied by the court of appeals, amounts to a rendition of a dichotomy between “direct” and “circumstantial” evidence. Mauzy argues, however, that the term “direct evidence,” as used in Kohmescher, “refers to the method of proof and not the type of evidence.” (Emphasis sic.) We agree.

In order to prevail in an employment discrimination case, the plaintiff must prove discriminatory intent. “ ‘The state of a man’s mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man’s mind at a particular time is, but if it can be ascertained it is as much a fact as anything else.’ ” United States Postal Serv. Bd. of Governors v. Aikens (1983), 460 U.S. 711, 716-717, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403, 411, quoting Eddington v. Fitzmaurice (1885), 29 Ch.Div. 459, 483.

The function of the McDonnell Douglas prima facie test is to allow the plaintiff to raise an inference of discriminatory intent indirectly. It serves to eliminate the most common nondiscriminatory reasons for the employer’s action: lack of qualifications or the absence of a vacancy. Texas Dept. of Community Affairs v. Burdine (1981), 450 U.S. 248, 253-254, 101 S.Ct. 1089, 1094, 67 L.Ed.2d 207, 215-216; Internatl. Bhd. of Teamsters v. United States (1977), 431 U.S. 324, 358, 97 S.Ct. 1843, 1866, 52 L.Ed.2d 396, 429, fn. 44.

As the Supreme Court explained in Furnco Constr. Corp. v. Waters (1978), 438 U.S. 567. 577. 98 S.Ct. 2943, 2949-2950. 57 L.Ed.2d 957, 967:

[584]*584“A prima facie case under McDonnell Douglas raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors. See Teamsters v. United States, supra, at 358 [97 S.Ct. at 1866, 52 L.Ed.2d at 429] n. 44. And we are willing to presume this largely because we know from our experience that more often than not people do not act in a totally arbitrary manner, without any underlying reasons, especially in a business setting. Thus, when all legitimate reasons for rejecting an applicant have been eliminated as possible reasons for the employer’s actions, it is more likely than not the employer, who we generally assume acts only with some reason, based his decision on an impermissible consideration such as race.” (Emphasis sic.)

Thus, McDonnell Douglas

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Cite This Page — Counsel Stack

Bluebook (online)
664 N.E.2d 1272, 75 Ohio St. 3d 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mauzy-v-kelly-services-inc-ohio-1996.