2013 Ohio 11
Ohio Ct. App.2013Background
- Hauser sued the City of Dayton Police Department and Major Davis for sex discrimination under R.C. 4112.02(A).
- Davis, head of Hauser’s detective division, faced immunity defenses under R.C. 2744.03(A)(6)(c).
- The trial court partially granted summary judgment; it found genuine issues as to whether Davis was Hauser’s manager or supervisor.
- Following a Civ.R. 41(A)(1)(b) dismissal without prejudice, Davis appealed the immunity denial as a final order.
- The main question is whether Chapter 4112 expressly imposes civil liability on managers/supervisors to defeat political-subdivision immunity; the court affirms the immunity-lifting and affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether civil liability is expressly imposed on managers/supervisors by Chapter 4112. | Hauser asserts managers/supervisors are personally liable under 4112. | Davis relies on Campolieti that liability isn’t expressly imposed on a fire chief. | Yes; liability is expressly imposed on managers/supervisors. |
| Whether Davis qualifies as a manager or supervisor for Hauser. | Davis is Hauser’s higher-level supervisor; thus a manager. | Davis is not Hauser’s direct supervisor; others supervise her. | Davis is a supervisor; his acts can subject him to liability. |
| Whether R.C. 2744.09(B) removes immunity or undermines immunity analysis. | Solely relying on 2744.09(B) to defeat immunity. | This provision does not apply to individual defendants against whom immunity is raised. | Not applicable; immunity remains lifted under 2744.03(A)(6)(c). |
Key Cases Cited
- Genaro v. Cent. Transp., Inc., 84 Ohio St.3d 293 (Ohio Supreme Court, 1999) (supervisors liable for their own discriminatory conduct; employer includes managers/supervisors)
- Campolieti v. City of Cleveland, 184 Ohio App.3d 419 (8th Dist. 2009) ( Fire chief not individually liable under 4112 based on employer-centric view; later interpretations differ)
- Elek v. Huntington Natl. Bank, 60 Ohio St.3d 135 (Ohio Supreme Court, 1991) (statutory remedy for discrimination and independent civil action under 4112)