Long v. KeltanBW, Inc.
2024 Ohio 2359
Ohio Ct. App.2024Background
- Plaintiff Ni’Jah Long was employed as a floating assistant teacher at a daycare operated by KeltanBW, Inc. and took time off for both cosmetic surgery and family care obligations.
- After returning with temporary lifting restrictions, Long was assigned to roles that minimized lifting, but later suffered an alleged workplace back injury lifting an infant.
- Long notified her employer about her workplace injury, missed several workdays, and was terminated for poor attendance shortly thereafter.
- Long sued KeltanBW alleging disability discrimination, workers’ compensation retaliation, and negligent training/supervision, later amending to add a claim for disability discrimination based on both surgery and workplace injury.
- The trial court granted summary judgment for KeltanBW on all claims, finding insufficient evidence to raise genuine issues of material fact; Long appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability from Surgery | Surgery recovery and lifting restriction was a disability | No substantial limitation; only a temporary condition | No prima facie disability; impairment was temporary |
| Disability from Workplace Injury | Back injury was a disability warranting protection | Plaintiff couldn’t perform essential job functions | No genuine issue; could not work after injury |
| Workers’ Compensation Retaliation | Termination was in retaliation for injury claim | Termination was for poor attendance/tardiness | Legitimate grounds; no evidence of pretext |
| Negligent Training/Supervision | Employer failed to train/supervise about discrimination | No evidence of incompetent conduct; claims preempted | Claims statutorily preempted; no underlying tort |
Key Cases Cited
- Hood v. Diamond Prods., 74 Ohio St.3d 298 (Ohio 1996) (establishing burden-shifting framework for disability discrimination)
- Plumbers & Steamfitters Joint Apprenticeship Commt. v. Ohio Civ. Rights Comm., 66 Ohio St.2d 192 (Ohio 1981) (burden shifting in discrimination cases)
- Kalish v. Trans World Airlines, Inc., 50 Ohio St.2d 73 (Ohio 1977) (issues not raised below are waived on appeal)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden-shifting standard)
- Helmick v. Cincinnati Word Processing, Inc., 45 Ohio St.3d 131 (Ohio 1989) (statutory preemption of negligence claims based on discrimination)
- Bickers v. W. & S. Life Ins. Co., 116 Ohio St.3d 351 (Ohio 2007) (workers’ comp statutes provide exclusive remedy)