Meyer v. United Parcel Service, Inc.

2009 Ohio 2463, 909 N.E.2d 106, 122 Ohio St. 3d 104
CourtOhio Supreme Court
DecidedJune 2, 2009
Docket2008-0315
StatusPublished
Cited by46 cases

This text of 2009 Ohio 2463 (Meyer v. United Parcel Service, 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
Meyer v. United Parcel Service, Inc., 2009 Ohio 2463, 909 N.E.2d 106, 122 Ohio St. 3d 104 (Ohio 2009).

Opinions

Cupp, J.

{¶ 1} This appeal requires us to consider the relationship of the several provisions of R.C. Chapter 4112 applicable to a statutory claim for age discrimination brought by an employee claiming that he was wrongfully discharged from employment. The primary issue is whether defendant-appellant, United Parcel Service, Inc. (“UPS”), is entitled to judgment as a matter of law on a claim of age discrimination brought by plaintiff-appellee, Robert Meyer. In particular, we must determine whether Meyer’s age-discrimination claim under R.C. 4112.99 is foreclosed by R.C. 4112.14(C), which provides that a wrongful-discharge cause of action for age discrimination described in R.C. 4112.14(B) and the remedies available under R.C. 4112.01 to 4112.11 are not available when the “discharge has been arbitrated and has been found to be for just cause.” For the reasons that follow, we conclude that R.C. 4112.14(C) does apply to bar Meyer’s age-discrimination claim in the circumstances of this case. We accordingly reverse the judgment of the court of appeals on the issue we review.

[105]*105I. Facts and Procedural History

{¶ 2} UPS terminated Meyer’s employment as a package-delivery driver on December 1, 2003. At the time of his discharge, Meyer was 48 years old and had worked for UPS for about 25 years. UPS had terminated Meyer’s employment two previous times in 2003. But on both of those previous occasions, Meyer had filed a grievance, his discipline had been reduced to a suspension without pay, and he had returned to work after serving his suspension. However, Meyer’s grievance over his December 1 discharge was denied, and his discharge was upheld by UPS’s “Ohio Joint State Committee” in January 2004.

{¶ 3} Meyer filed a complaint in the Hamilton County Court of Common Pleas on May 7, 2004, alleging that he had been wrongfully terminated in retaliation for filing several workers’ compensation claims. Meyer raised two claims in his initial complaint going to the alleged retaliatory discharge: that UPS had violated R.C. 4123.901 and had violated Ohio’s public policy against terminating him for filing the workers’ compensation claims. On September 10, 2004, the trial court denied UPS’s motion to dismiss the R.C. 4123.90 claim, but it granted the motion as to the public-policy retaliatory-discharge claim.

{¶ 4} In July 2005, the trial court granted Meyer leave to file an amended complaint. In the amended complaint, he added a claim of age discrimination under R.C. 4112.99 and a claim of age discrimination in violation of Ohio’s public policy. Meyer had been replaced by an employee who was in his early twenties.

{¶ 5} On May 1, 2006, UPS moved for summary judgment on all of Meyer’s claims. This motion was premised, in part, on the contention that R.C. 4112.14(C) barred all age-discrimination claims because the proceeding through which Meyer’s grievance had been denied was the equivalent of arbitration and his termination had been upheld in that proceeding. The trial court denied UPS’s motion for summary judgment.

{¶ 6} The case proceeded to a jury trial in August 2006.2 The jury found in Meyer’s favor on both his R.C. 4123.90 claim of workers’ compensation retaliatory discharge and his R.C. 4112.99 claim of age discrimination. The trial court entered judgment on the jury verdicts. Meyer was awarded back pay of $113,592, other compensatory damages of $175,000, punitive damages of $25,000 on the age-discrimination claim, prejudgment interest of $47,616.03, and attorney fees and costs in the amount of $135,194.45. The trial court imposed post-judgment interest and ordered UPS to reinstate Meyer to his position. [106]*106{¶ 7} Upon UPS’s appeal, the First District Court of Appeals rejected several of UPS’s arguments regarding the age-discrimination claim, including that the claim was barred by R.C. 4112.14(C). 174 Ohio App.3d 339, 2007-Ohio-7063, 882 N.E.2d 31, ¶ 16-30. Although the court of appeals held that the UPS grievance proceeding that upheld Meyer’s termination was the “functional equivalent” of arbitration, it also ruled that the statute’s bar is not applicable to an age-discrimination claim brought solely under R.C. 4112.99. Id. at ¶ 28-30. However, the court concluded that Meyer was not entitled to a jury trial on his statutory workers’ compensation retaliatory-discharge claim. The allowance of a jury trial on that claim tainted the entirety of the proceedings, the appellate court held, because the evidence presented to the jury went to both the retaliation claim and the age-discrimination claim, which were “inextricably linked.” Id. at ¶ 2, 39-40, 46. The court reversed in total the judgment in favor of Meyer and remanded for further proceedings. Id. at ¶ 69.

{¶ 8} We accepted UPS’s appeal under our discretionary jurisdiction for review of a single proposition of law: “In order to preserve the detailed framework for age discrimination claims that the General Assembly enacted, an age discrimination claim brought under the general language of R.C. 4112.99 is subject to the substantive provisions of R.C. 4112.02 and R.C. 4112.14.” 118 Ohio St.3d 1432, 2008-Ohio-2595, 887 N.E.2d 1201. This appeal does not in any way implicate the R.C. 4123.90 claim for workers’ compensation retaliation, which is subject to further proceedings below regardless of how the age-discrimination claim is resolved in this court.3

II. Relevant Statutes and Case Law

A. Statutes

{¶ 9} R.C. 4112.02(A) generally prohibits discriminatory employment practices, including age discrimination.4 R.C. 4112.02(N) specifically provides a right to file an age-discrimination action:

[107]*107{¶ 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

{¶ 12} R.C. 4112.14, which was at one time codified at R.C. 4101.17,6 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.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 2463, 909 N.E.2d 106, 122 Ohio St. 3d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-united-parcel-service-inc-ohio-2009.