OPINION
Whеther one is or, is not pregnant at the time does not control whether one can allege discrimination under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), or section 4112 of the Ohio Revised Code. We nevertheless affirm the decision to enter summary judgment against Plaintiff Suzanne D. Koсak.
I.
BACKGROUND
The following facts are not in dispute: Kocak resigned from her position as an obstetric nurse at Defendant Community Health Partners of Ohio, Inc. by letter datéd January 22, 1999. Pregnancy complications motivated her resignation. She delivered her child in March of 1999. She aрplied fór a part-time nurse position with Community Health in January of 2000. She was not hired and did not file a charge of discrimination either with the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission. She reapplied for a position as a part-time nurse in May of 2001. Her co-workers voiced vehement opposition to her rehiring, stating that they found her difficult to work with, unreliable, and not a “team worker.” Kocak was not hired.
Certain disputed conversations and events in 2001 formed the basis of a charge of discrimination with the EEOC and OCRC in September 2001. In her deposition, Kocak testified that on June 4, 2001, Elizabeth Finnegan, a personnel manager at Community Health, asked Ko-cak whether she was pregnant or intended to have more children. Kocak also testified that Finnegan told her at an unspecified time thereafter thаt Melanie Meyer, Kocak’s former supervisor, would not rehire her because of the complications in scheduling caused by her past pregnancy.
On the basis of these 2001 events, Kocak filed a charge of discrimination with the EEOC and OCRC in September 2001, which states that thе alleged discriminatory action — failure to hire — occurred in June 2001. Kocak received a right to sue letter from the OCRC on July 16, 2002, and this lawsuit followed.
II.
STANDARD OF REVIEW
We review the district court’s entry of summary judgment de novo,
Farhat v. Jopke,
III.
DISCUSSION
1. The PDA Claim
Congress amended Title VII in 1978 to add the PDA, which reads in relevant part:
The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes ... as other persons not so affected but similar in their ability or inability to work ....
42 U.S.C. § 2000e(k). “[I]n using the broad phrase ‘women affected by pregnancy, childbirth and [sic] related medical conditions,’ the [PDA] makes clear that its protection extends to the whole range of matters concerning the childbearing process.” H.R. Rep. 95-948, 1978 U.S.C.C.A.N. 4749, 4753 (emphasis added).
We understand that Kocak claims to have offered direct evidence of discrimination — in fact, she proceeds solely on a theory of direct evidence. We have held that a plaintiff states a PDA claim if she-offers direct "evidence that, in treating a plaintiff adversely, the defendant was mоtivated by discriminatory animus.
See Ensley-Gaines v. Runyon,
Defendant contends that Kocak is not protected by the PDA. because she was not pregnant at the time of Community Health’s decision not to rehire her in 2001. In support of its argument, Defendant seizes on
Cline v. Catholic Diocese of Toledo,
Kocak was not pregnant at the time of her 2001 application; she did not bear any children during the periоd of her application (in fact, she had not done so for approximately two years); and no medical conditions related to pregnancy manifested themselves during the time of her application. The district court concluded from these facts that Kocak was not protected by the PDA at the time that Community Health did not hire her.
This was error. The Supreme Court has held that the PDA prohibits an employer from discriminating against a woman “because of her capacity to become pregnant.”
Int’l Union, United Auto., Aerospace and Agric. Implement Workers
Thus, if Kocak has produced direct еvidence that creates a genuine issue of material fact about whether Community Health refused to hire her because she might become pregnant again, her PDA claim survives summary judgment. She has not done so.
“[Djirect evidence is that evidence which, if believed, requires a conclusion that unlawful discrimination was at least a motivating factor in the employer’s actions.”
Jacklyn v. Schering-Plough Healthcare Prods. Sales Corp.,
The first of these allegations is not dirеct evidence of discrimination — it does not require a conclusion that unlawful discrimination motivated the decision not to rehire Kocak. There is unrefuted evidence that Kocak was unreliable when it came to scheduling and difficult to contact when she was employed with Community Health, including before she became pregnant. To conclude that the obstetric unit manager’s comment about scheduling difficulties relating to her last pregnancy demonstrates an anti-pregnancy animus and not a non-discriminatory concern about Kocak’s past scheduling difficulties — difficulties extending further back than the pregnancy — requires an inference.
See Johnson v. Kroger Co.,
Even, however, if this statement were deemed “direct evidence” of discrimination, Community Health has offered substantial evidence that it would have deсided not to rehire Kocak absent the discriminatory motive.
Wexler v. White’s Fine Furniture, Inc.,
Kocak is left to argue that when Finnеgan asked her whether she was pregnant or intended on having more children, that question is “direct evidence” of discrimination. As inappropriate and unprofessional as it was, however, Finnegan’s question, standing alone, cannot support Kocak’s claim. In a similаr context, we have held that the question, “What? Are you pregnant?” when uttered by the person directly responsible for failing to promote a plaintiff, is insufficient standing by itself to found a claim of discrimination.
Richmond v. Johnson,
No. 96-6329,
In consequence, though Kocak falls within the protection of the PDA, we cannot say that she has raised a genuine issue of material fact with respect to her claim of discrimination under the PDA.
2. The Ohio State Law Claim
Kocak also brings a clаim pursuant to Ohio Rev.Code Ann. § 4112.01(B), Ohio’s analogue to the PDA.
3
“[F]ederal case law interpreting Title VII ... is generally applicable to cases involving alleged violations of R.C. § 4112.”
Plumbers & Steamfitters Joint Apprenticeship Comm. v.
Kocak claims that the district court improperly excluded pre-2001 evidence of prеgnancy discrimination. She alleges that the district court erred in holding that only exhausted claims could be raised in an action under R.C. § 4112, and that it should have considered Kocak’s year 2000 evidence as a separate claim for pregnancy discrimination. Kocаk relies on R.C. § 4112.99, which provides that violations of Ohio’s discrimination statute can form the basis of a civil action.
We reject the claim. Kocak’s complaint mentions solely the events of 2001 as grounds for her claims under Ohio and federal law. The complaint does nоt set forth a single allegation of discrimination that pre-dates 2001, let alone aver a separate claim under section 4112.99 for pre-2001 allegations. Since filing with the OCRC generally precludes a subsequent suit under section 4112.99,
see Balent v. Nat’l Revenue Corp.,
AFFIRMED.
Notes
. As noted above, Kocak filed only one charge of discrimination with the EEOC, involving solely the events of May and June 2001. She did not file a similar charge for the events of January 2000. Consequently, she may rely only on the 2001 events to support her federal cause of action.
See Haithcock v. Frank,
. We recognize that this conclusion might appear to weaken the first element of our Cline test. All that is required to meet that element, however, is that a plaintiff procеeding by circumstantial evidence show that she was pregnant at some point in time (and not necessarily at the time of the adverse employment action complained of). We expressly decline to consider the question of whether a plaintiff who had never before been pregnant could sue under the PDA.
. R.C. 4112.01 (B) provides in relevant part:
... [T]he terms “because of sex” or "on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions ....
