Francis v. Northeast Ohio Neighborhood Health Serv.
2021 Ohio 3928
| Ohio Ct. App. | 2021Background:
- Susan Francis worked as a therapist for Northeast Ohio Neighborhood Health Services (NEON) from April 2019 to June 10, 2020; she alleges disabilities including Type 1 diabetes, neuropathy, and coronary artery disease.
- In March–June 2020 Francis requested a remote-work accommodation and raised concerns about clients/employees not wearing masks during the emerging COVID-19 pandemic; supervisors Dr. Erika Staneff and HR director Perry Murdock allegedly denied remote work.
- Ohio issued emergency administrative changes permitting telehealth (Ohio Adm.Code 4757-5-13) in April 2020; Francis provided doctor’s notes and written requests to work from home but did not return to on-site work and was terminated June 10, 2020.
- Francis sued (Nov. 25, 2020) asserting: Whistleblower retaliation, wrongful discharge, disability discrimination/hostile work environment (Count 3), negligent training/retention/supervision (Count 4), and failure to produce wage/hour records (Count 5).
- The trial court granted NEON’s Civ.R. 12(C) motion and dismissed the complaint; on appeal Francis challenged dismissal of Counts 3–5. The appellate court reviewed the 12(C) dismissal de novo.
- Outcome on appeal: appellate court reversed dismissal as to disability-discrimination (Count 3) and failure-to-produce-records (Count 5); affirmed dismissal as to hostile work environment (Count 3) and negligent training/retention/supervision (Count 4); remanded for further proceedings.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination (Count 3) | Francis alleges she is disabled, requested reasonable accommodation (remote work), was qualified with accommodation, and was discharged because of disability | NEON argued Francis is not disabled and not qualified (raised mostly on appeal) | Reversed: complaint sufficiently pleads disability discrimination; survives Civ.R. 12(C) |
| Hostile work environment (Count 3) | Francis alleges a hostile work environment arising from disability-based mistreatment | NEON moved to dismiss for failure to plead requisite elements | Affirmed: complaint fails to plead facts showing harassment was disability-based, interfered with work, or that employer knew and failed to correct |
| Negligent training/retention/supervision (Count 4) | NEON negligently trained, retained, supervised Staneff and Murdock, causing damages | NEON argued (and court found) plaintiff’s allegations are conclusory and lack facts showing employee incompetence or employer knowledge | Affirmed: pleadings lack factual allegations on employee incompetence or employer actual/constructive knowledge |
| Failure to produce wage/hour records (Count 5) | NEON failed to furnish requested wage/hour records under R.C. 4111.14(F)-(G); plaintiff seeks fees under R.C. 4111.14(K) | NEON argued plaintiff failed to meet a statutory "complaint" harm requirement (court found that argument misplaced) | Reversed: complaint adequately alleges employer failed to produce records and seeks attorney fees; claim survives 12(C) |
Key Cases Cited
- State ex rel. Mancino v. Tuscarawas Cty. Court of Common Pleas, 151 Ohio St.3d 35 (2017) (de novo review of Civ.R. 12(C) decisions)
- State ex rel. Ohio Civ. Serv. Emps. Assn. v. State, 146 Ohio St.3d 315 (2016) (standards for appellate review of legal questions)
- Peterson v. Teodosio, 34 Ohio St.2d 161 (1973) (Civ.R. 12(C) motion limited to allegations in the pleadings)
- State ex rel. Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (1996) (complaint must plead a set of facts that could entitle plaintiff to relief)
- York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143 (1991) (plaintiff not required to prove case at pleading stage)
- Evans v. Akron Gen. Med. Ctr., 163 Ohio St.3d 284 (2020) (discussion of negligent-hiring/retention test and appellate application)
- Zanni v. Stelzer, 174 Ohio App.3d 84 (2007) (elements for negligent hiring/retention claims)
- Browning v. Ohio State Highway Patrol, 151 Ohio App.3d 798 (2003) (negligent supervision elements mirror negligent hiring/retention)
- DeVore v. Mutual of Omaha Ins. Co., 32 Ohio App.2d 36 (1972) (pleadings must allege supporting facts, not mere conclusions)