Dove v. Lakewood

Citations

• 2025 Ohio 453

Syllabus

Summary judgment; race discrimination; failure to promote; McDonnell Douglas's burden-shifting framework; prima facie case; legitimate, nondiscriminatory reason for an employer's action; pretext. Plaintiff claims he has superior qualifications for the subject position than the Caucasian candidate. Our review of the record indicates plaintiff has presented evidence of his experience and qualifications to establish a prima facie case of failure to promote. Because the City of Lakewood produced evidence demonstrating a legitimate, nondiscriminatory reason for its employment decision, the burden shifts to plaintiff to demonstrate, by a preponderance of evidence, that Lakewood's reason is pretext for discrimination. For relative qualifications to establish triable issues of fact as to pretext, plaintiff must show either (1) plaintiff was a plainly superior candidate, such that no reasonable employer would have chosen the latter applicant over the former, or (2) plaintiff was as qualified, if not better qualified than the successful applicant, and the record contains other probative evidence of discrimination. Having reviewed the record, we cannot conclude plaintiff has created triable issues of fact as to pretext and therefore affirm the trial court's judgment.