Ohio Civil Rights Commission v. Ingram

69 Ohio St. 3d 89
CourtOhio Supreme Court
DecidedApril 27, 1994
DocketNo. 92-2059
StatusPublished
Cited by61 cases

This text of 69 Ohio St. 3d 89 (Ohio Civil Rights Commission v. Ingram) 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
Ohio Civil Rights Commission v. Ingram, 69 Ohio St. 3d 89 (Ohio 1994).

Opinions

A. William Sweeney, J.

With respect to the first issue on appeal before this court, appellant argues that the trial court did not have jurisdiction to deviate from the back pay period set forth in the commission’s order of November 14, 1985. However, our review of R.C. 4112.06 leads us to conclude otherwise. R.C. 4112.06 provided in part:

[92]*92“(A) * * * the commission may obtain an order of court for the enforcement of its final orders, in a proceeding as provided in this section. Such proceeding shall be brought in the common pleas court of the state within any county wherein the unlawful discriminatory practice which is the subject of the commission’s order was committed or wherein any respondent required in the order to cease and desist from an unlawful discriminatory practice or to take affirmative action resides or transacts business.
“(B) * * * The court * * * shall have power to * * * make and enter, upon the record and such additional evidence as the court has admitted, an order enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the commission.” (Emphasis added.) (The current version of R.C. 4112.06[B] adds the power to remand.)

The trial court modified the commission’s order in a manner that not only complied with the foregoing statutory provisions, but was also fair to all parties. While the commission awarded Pelfrey back pay covering the period from when she was unlawfully discharged through the date she was offered reemployment by appellant, a subsequent intervening event, ie., Pelfrey’s obtaining of a better paying job, rendered literal enforcement of the order unfair. Given the clear language of R.C. 4112.06(B) above, the trial court had both the jurisdiction and obligation to modify the commission’s order as it did. Accordingly, we hold that pursuant to R.C. 4112.06, a common pleas court has jurisdiction to modify an order of the Ohio Civil Rights Commission, and we therefore affirm the judgment of the court of appeals below.

The second issue raised on appeal concerns the propriety of the trial court’s award of prejudgment interest on the back pay award. Appellant contends that where damages in an action are unliquidated, interest begins to run when there is a monetary judgment definite in amount. Since the definite amount of back pay due Pelfrey was not determined until the trial court judgment was issued on January 10, 1992, appellant argues that interest should not be assessed prior to that date. In support of its argument, appellant relies on Cleveland Ry. Co. v. Williams (1926), 115 Ohio St. 584, 155 N.E. 133.

The commission contends that Williams is distinguishable from the cause sub judice because that case involved a personal injury award, whereas an employment discrimination award is designed to restore victims to the economic position that they would have enjoyed, but for the discrimination. See Ohio Civ. Rights Comm. v. Lucas Cty. Welfare Dept. (1982), 6 Ohio App.3d 14, 6 OBR 38, 451 N.E.2d 1246. Amici curiae submit that cases involving similar situations where prejudgment interest has been awarded in connection with back pay determinations under Title VII of the Civil Rights Act of 1964 are also applicable here. See Plumbers & Steamfitters Joint Apprenticeship Commt. v. Ohio Civ. Rights [93]*93Comm. (1981), 66 Ohio St.2d 192, 196, 20 O.O.3d 200, 202-203, 421 N.E.2d 128, 131, wherein we stated that “[i]n previous cases, however, we have determined that federal case law interpreting Title VII of the Civil Rights Act of 1964, Section 2000e et seq., Title 42, U.S.Code, is generally applicable to cases involving alleged violations of R.C. Chapter 4112. [State ex rel.] Republic Steel [Corp.] v. Ohio Civil Rights Comm. (1975), 44 Ohio St.2d 178 [73 O.O.2d 478, 339 N.E.2d 658] * * *.”

The arguments raised and the cases cited by the commission and amici correctly illustrate the rationale and appropriateness of an award of prejudgment interest in employment discrimination cases. As noted by the United States Supreme Court in Loeffler v. Frank (1988), 486 U.S. 549, 557-558, 108 S.Ct. 1965, 1970-1971, 100 L.Ed.2d 549, 558-559:

“[Apparently all the United States Courts of Appeals that have considered the question agree that Title VII authorizes prejudgment interest as part of the backpay remedy in suits against private employers. This conclusion surely is correct. The backpay award authorized by § 706(g) of Title VII, as amended, 42 U.S.C. § 2000e-5(g), is a manifestation of Congress’ intent to make ‘persons whole for injuries suffered through past discrimination.’ Albemarle Paper Co. v. Moody, 422 U.S. 405, 421 [95 S.Ct. 2362, 2373, 45 L.Ed.2d 280, 299] (1975). Prejudgment interest, or course, is ‘an element of complete compensation.’ West Virginia v. United States, 479 U.S. 305, 310 [107 S.Ct. 702, 706, 93 L.Ed.2d 639, 646] (1987).” (Footnotes omitted.)

As the foregoing cases suggest, interest should begin to run on a back pay award under R.C. 4112.05(G) from the time at which the party was discriminated against, in order to restore victims to the economic position they would have been in had no discrimination occurred. To rule otherwise would in effect give the employer an interest-free loan until the damages are liquidated in an official determination. See Clarke v. Frank (C.A.2, 1992), 960 F.2d 1146, 1153-1154.

Therefore, we affirm the judgment of the court of appeals on this issue, and hold that prejudgment interest that is calculated from the time the aggrieved party was discriminated against is a proper measure of damages in an employment discrimination case.

The third issue raised by appellant concerns the trial court’s inclusion of salary increases in its calculation of Pelfrey’s back pay award. Appellant argues that since the commission never expressly found that Pelfrey would have continued to receive salary increases had she not been fired, the trial court erred in calculating salary increases in the back pay award. Appellant further contends that the trial court erred in not deducting from the back pay award the $615 vacation pay that Pelfrey received, since there was no express finding by the commission that Pelfrey was entitled to vacation pay in addition to her regular salary.

[94]*94The commission’s order does not support appellant’s assertions. It specifically states that Pelfrey “received no reprimands or indications from [appellant] that she was performing less than satisfactorily,” and that “[s]he received periodic raises throughout her employment” with appellant.

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Bluebook (online)
69 Ohio St. 3d 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-civil-rights-commission-v-ingram-ohio-1994.