Cunningham v. Perry & Assocs.

Citations

• 2021 Ohio 4295

Syllabus

CIVIL – summary judgment Civ.R. 56 de novo review employment age discrimination claim R.C. 4112.02(A) no direct evidence in order to establish a prima facie case based on indirect evidence, the Barker analysis requires a plaintiff to show the following: (1) that she was a member of the statutorily protected class (2) that she was discharged (3) that she was qualified for the position and (4) that she was replaced by, or the discharge permitted the retention of, a person of substantially younger age Appellant meets the first three prongs under Barker however, Appellant failed to set forth a genuine issue of material fact as to the fourth prong since she was not replaced even if Appellant could demonstrate a prima facie case of age discrimination, she fails to show that Appellee's proffered reason for the termination is a pretext Appellee determined it no longer needed an in-house Marketing Director and that the costs associated with that position outweighed its benefits the trial court properly granted Appellee's motion for summary judgment.