2018 Ohio 2610
Ohio Ct. App.2018Background
- Asia R. Glenn (pro se) sued The Ohio State University in the Court of Claims alleging racial discrimination, wrongful termination, retaliation, and intentional infliction of emotional distress under Title VII and Ohio law.
- The Court of Claims dismissed her complaint under Civ.R. 12(B)(6) as barred by the two-year statute of limitations in R.C. 2743.16(A) for suits against the state.
- Glenn filed more than two years after her termination; she received an EEOC "right to sue" letter on January 13, 2017, which was still more than one month before the two-year limitations period expired.
- Glenn argued the federal (longer) limitations period should apply, that R.C. 2743.16(A) violated equal protection, and that equitable tolling should save her claims due to attorney error and EEOC delay.
- The Court of Claims declined to extend the statutory period or apply equitable tolling; Glenn appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable limitations period for Title VII claim against State | State should be subject to the longer federal limitations period | R.C. 2743.16(A) provides a two-year limit for suits against the state | Court applied R.C. 2743.16(A); two-year state limit controls and bars the suit |
| Equal protection challenge to R.C. 2743.16(A) | Applying the two-year state limit denies equal protection by treating state claimants worse | Statute applies uniformly to all plaintiffs suing the state; no illicit class-based discrimination | Court rejected equal protection challenge; applying the statute to all does not violate equal protection |
| Equitable tolling for late filing (attorney error and EEOC delay) | Tolling warranted because counsel and EEOC delays prevented timely filing | No basis to extend the statutory deadline; plaintiff received right-to-sue before the statutory period lapsed | Court refused to equitably toll; denial of extension was not an abuse of discretion |
Key Cases Cited
- Manning v. Ohio State Library Bd., 62 Ohio St.3d 24 (1991) (state courts have concurrent jurisdiction and Court of Claims has exclusive original jurisdiction over Title VII money damages claims against the state)
- State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (1992) (Civ.R. 12(B)(6) tests sufficiency of the complaint)
- Jenkins v. McKeithen, 395 U.S. 411 (1969) (material allegations in a complaint are taken as admitted on a motion to dismiss)
- McGlone v. Grimshaw, 86 Ohio App.3d 279 (4th Dist. 1993) (appellate review is independent to determine appropriateness of dismissal)
- Velotta v. Leo Petronzio Landscaping, Inc., 69 Ohio St.2d 376 (1982) (statute-of-limitations defense via motion to dismiss only when complaint conclusively shows the action is time-barred)