Edwards v. Perry Twp. Bd. of Trustees
2016 Ohio 5125
| Ohio Ct. App. | 2016Background
- John Edwards (deceased during appeal) worked for Perry Township parks department since 2000 and sued (July 2014) alleging racial discrimination and failure to provide statutorily mandated health insurance; he later dismissed emotional distress and promissory‑estoppel claims.
- Perry Township moved for summary judgment; Edwards opposed; Township filed a reply containing additional affidavits and arguments Edwards did not move to strike or seek leave to surreply.
- The trial court granted summary judgment for the Township. Edwards appealed, raising (1) that the court improperly considered new materials in the Township’s reply and (2) that genuine issues of material fact existed on his claims.
- Central statutory issue: whether R.C. 505.60 implies a private cause of action requiring townships to provide uniform health insurance to full‑time employees (>1500 hours/year) and whether Edwards had waived coverage.
- Discrimination claim: Edwards relied on alleged racist remarks by supervisors and affidavits asserting he sought promotions that went to white employees; Township offered nondiscriminatory reasons (e.g., required Class A CDL, lack of mechanic certification).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Whether trial court erred by considering new arguments/affidavits in defendant’s reply | Edwards: Township raised new defenses/affidavits in reply and trial court should not have considered them without a surreply | Perry Twp: Reply materials were proper; Edwards did not seek to strike or file surreply | Court: Edwards waived objection by not moving to strike or requesting leave to file a surreply; no reversible error | |
| Whether R.C. 505.60 creates a private right of action for failure to provide insurance | Edwards: R.C. 505.60 uses mandatory language (“shall”) and creates enforceable rights for full‑time employees; private remedy should be implied | Perry Twp: No private right of action exists under R.C. 505.60 | Court: R.C. 505.60 implies a private cause of action for full‑time employees (reversing trial court on this point) | |
| Whether a genuine issue exists about Edwards’s status as full‑time (> | 1500 hours) and validity of waiver | Edwards: There is a factual dispute about hours worked and whether his 2010 waiver was knowing | Perry Twp: Edwards signed a waiver stating he was part‑time and knowingly refused coverage | Court: There is a genuine issue of material fact as to hours worked and whether the waiver was knowingly made; summary judgment on the insurance claim was improper |
| Whether summary judgment was proper on racial discrimination claim | Edwards: Points to direct remarks and circumstantial evidence (failed promotions) showing disparate treatment | Perry Twp: Remarks were isolated or made by persons without hiring authority; non‑discriminatory reasons (CDL requirement, lack of mechanic certification); affidavits are generic | Court: Affidavits and evidence insufficient to create a triable issue; Township articulated legitimate nondiscriminatory reasons; summary judgment affirmed on discrimination claim |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (describes moving and reciprocal burdens in summary judgment practice)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (nonmoving party’s burden to show specific facts creating a triable issue)
- Vahila v. Hall, 77 Ohio St.3d 421 (summary judgment improper if material fact genuinely disputed)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for establishing disparate treatment discrimination)
- Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (employer's burden to articulate legitimate nondiscriminatory reasons and plaintiff’s burden to show pretext)
- Anderson v. Smith, 196 Ohio App.3d 540 (discusses factors for implying private causes of action from statutes)
- Cosgrove v. Williamsburg of Cincinnati Mgt. Co., Inc., 70 Ohio St.3d 281 (statute of limitations context for discrimination claims)
- Jackson v. Internatl. Fiber, 169 Ohio App.3d 395 (R.C. 4112.99 six‑year limitations guidance)
- Lycan v. Cleveland, 146 Ohio St.3d 29 (judicial restraint on deciding issues not addressed by trial court)
- Bowen v. Kilkare, Inc., 63 Ohio St.3d 84 (principle cited regarding appellate limits when trial court did not decide an issue)