Colby Burns v. Ohio State Univ. College of Veterinary Med.
2014 Ohio 1190
Ohio Ct. App.2014Background
- Colby Burns, veterinary student at OSU College of Veterinary Medicine, alleges discrimination and harassment by Dr. Birchard based on Burns's sexual orientation.
- Alleged conduct includes social exclusion, changing grant effort without Burns's knowledge, denying assistance from peers, and vulgar comments, occurring in front of peers.
- Birchard allegedly contacted prospective employers, causing eventual job-interview cancellations and denial of references.
- Burns reported the conduct to the College; an investigation ensued, but conduct continued during/after the inquiry.
- Burns filed suit in the Court of Claims asserting sex discrimination, sexual harassment, retaliation, and public-policy claims; College moved to dismiss under Civ.R. 12(B)(1)(6); trial court granted dismissal.
- On appeal, the issue is whether sexual-orientation discrimination is cognizable under R.C. 4112.02(A) and whether a clear Ohio public policy existed to support Burns's claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sex discrimination under R.C. 4112.02(A) includes sexual orientation | Burns argues Hampel extends sex to include orientation. | Birchard contends sex does not include orientation under 4112.02(A). | Orientation not included; 4112.02(A) does not cover orientation. |
| Whether Burns stated a clear public policy violation | There is a statewide public policy prohibiting orientation-based discrimination. | No statewide clear public policy; local/code references insufficient for public policy. | No clear statewide public policy; claim fails. |
Key Cases Cited
- Hampel v. Food Ingredients Specialties, Inc., 89 Ohio St.3d 169 (Ohio 2000) (harassing conduct need not be motivated by sexual desire to support sex-discrimination inference)
- Leininger v. Pioneer Natl. Latex, 115 Ohio St.3d 311 (Ohio 2007) (four-part test for wrongful termination in public policy cases)
- Dohme v. Eurand Am., Inc., 130 Ohio St.3d 168 (Ohio 2011) (public policy must be statewide, not local; legislative changes pending)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (S. Ct. 1998) (sex discrimination can be inferred from harassment directed at sex)