2021 Ohio 3052
Ohio Ct. App.2021Background
- Selena Saunders, an African‑American bus driver at Greater Dayton RTA since 2000, received a 30‑day suspension and a “final and last warning” in Nov. 2010 after an incident in which she berated a passenger (Group 2 violation).
- In Feb. 2011 RTA terminated Saunders for failing to report a bus accident (Group 2); an arbitrator later found that discharge not for just cause and ordered reinstatement with back pay in 2012. Ohio Civil Rights Commission found probable cause for sex discrimination regarding the 2011 discipline.
- Saunders attended nursing school (2010–2013) and sought FMLA leave in 2013 for anxiety/depression; RTA approved leave but later investigated alleged misuse (surveillance, anonymous tip) and sought predetermination meetings.
- RTA terminated Saunders in Dec. 2013 for alleged improper use of leave; an arbitrator partially sustained a subsequent union grievance and ordered reinstatement subject to a fitness exam.
- Saunders sued in state court (Oct. 2019) alleging sex discrimination (relating to 2011 discipline), disability discrimination (relating to 2013 termination), and retaliation; the trial court granted summary judgment to RTA (Sept. 25, 2020). On appeal the court reversed in part (sex discrimination) and affirmed in part (disability and retaliation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sex discrimination (2011 termination/discipline) | Saunders: RTA disciplined her more harshly (30‑day suspension, later termination) than similarly situated male drivers (Schenk, Smith, Sutton). | RTA: comparators not similarly situated (different policies implicated, prior warnings, differing offenses); no discrimination. | Reversed in part — genuine issue whether comparators were similarly situated and whether RTA's reasons were pretextual; summary judgment was improper as to sex claim. |
| Disability discrimination (2013 termination) | Saunders: terminated because of disability (anxiety/depression); FMLA and physician statements show impairment. | RTA: she could not perform essential job functions and could not be accommodated indefinitely; legitimate nondiscriminatory basis. | Affirmed — Saunders could not perform essential duties at termination, so she failed to make a prima facie case; summary judgment for RTA proper. |
| Retaliation (2013 termination) | Saunders: termination was retaliatory, linked to her earlier challenge/administrative complaint arising from 2011 discipline. | RTA: termination followed investigation of leave misuse and preexisting attendance problems; no causal link to prior complaint. | Affirmed — no sufficient evidence of causal link or pretext; summary judgment for RTA proper. |
Key Cases Cited
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64, 375 N.E.2d 46 (Ohio 1978) (summary judgment standard)
- Dresher v. Burt, 75 Ohio St.3d 280, 662 N.E.2d 264 (Ohio 1996) (burden‑shifting on summary judgment and required evidentiary showing)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (framework for circumstantial discrimination claims)
- Texas Dep’t of Comm. Affairs v. Burdine, 450 U.S. 248 (U.S. 1981) (employer’s burden to articulate nondiscriminatory reason and plaintiff’s burden to prove pretext)
- Russell v. Univ. of Toledo, 537 F.3d 596 (6th Cir. 2008) (standards for proving pretext)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (employer not required to wait indefinitely for employee’s medical condition to improve)
- Wallace v. Mantych Metalworking, 189 Ohio App.3d 25, 937 N.E.2d 177 (Ohio Ct. App. 2010) (elements of prima facie disability discrimination)
- Byrnes v. LCI Communication Holdings Co., 77 Ohio St.3d 125, 672 N.E.2d 145 (Ohio 1996) (direct and circumstantial evidence of discrimination)