2016 Ohio 5287
Ohio Ct. App.2016Background
- English, a Black employee, was hired by AK Steel in 2007 and transferred in 2009 to the cold strip mill under supervisor Rick Zika.
- Over months English accrued repeated attendance violations, suspensions, safety and performance write-ups, and was terminated after being observed sleeping while training.
- English sued alleging racial discrimination in termination and a racially hostile work environment.
- At summary judgment AK Steel relied on English’s disciplinary record; English tried to oppose with two affidavits that were not timely or properly filed and thus excluded.
- The trial court granted summary judgment for AK Steel; the appellate court reviewed the record de novo and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Racial discrimination in termination (prima facie case under McDonnell Douglas) | English contended his termination was racially motivated and that white employees received more favorable treatment. | AK Steel pointed to extensive attendance, safety, and performance violations and argued English offered no admissible evidence of similarly situated white comparators. | Affirmed: English met elements 1–3 but failed to identify similarly situated nonprotected employees or admissible evidence to create a genuine fact issue. |
| Admissibility of affidavits submitted with opposition to summary judgment | Affidavits would show discriminatory treatment and hostile environment. | Affidavits were untimely, one unsigned when first submitted, and not properly filed; thus inadmissible. | Affirmed: trial court did not abuse discretion excluding the affidavits as untimely and unsigned. |
| Hostile work environment under R.C. Chapter 4112 | English alleged racial slurs on walls, spoken slurs, and derogatory comments creating an abusive environment. | AK Steel argued English produced no admissible evidence of slurs or pervasive, severe conduct and that any alleged incidents were not reported or proven. | Affirmed: English offered no admissible, specific evidence that harassment was severe or pervasive or that respondeat superior liability exists. |
| Sufficiency of English’s deposition and other record evidence to defeat summary judgment | English relied on his assertions and the excluded affidavits to raise fact issues. | AK Steel argued the record shows repeated misconduct and no admissible proof of disparate treatment or hostile environment. | Affirmed: the record (excluding affidavits) contains no specific evidence creating a genuine issue of material fact. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (articulates indirect burden-shifting test for discrimination)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (moving party must show no genuine issue of material fact for summary judgment)
- Mootispaw v. Eckstein, 76 Ohio St.3d 383 (nonmoving party must set forth specific facts by affidavit or Civ.R.56 methods)
- Mauzy v. Kelly Serv., Inc., 75 Ohio St.3d 578 (plaintiff may prove prima facie case directly or via McDonnell Douglas)
- Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (hostile work environment standard: severe or pervasive conduct)
- State ex rel. Dawson v. Bloom-Carroll Local School Dist., 131 Ohio St.3d 10 (unsigned affidavits lack evidentiary value)