Hudson v. FPT Cleveland, L.L.C.

Citations

• 2024 Ohio 2904

Syllabus

Motion for summary judgment Civ.R. 56 pro se plaintiff R.C. Ch. 4112 McDonnell Douglas test racial discrimination failure to hire termination disparate treatment retaliation hostile workplace totality of the circumstances Universal Declaration of Human Rights joint employers Civ.R. 60(B) R.C. 4112.06 motion to strike harmless error. The evidence demonstrated that plaintiff-appellant did not apply for a position as a railroad switcher and, thus, we could not find defendants-appellees failed to hire plaintiff-appellant in that position. The evidence supported a grant of summary judgment where plaintiff-appellant's promotion negated his claim that the defendants-appellees failed to hire him. Because plaintiff-appellant did not show a comparable, nonprotected person was treated more favorably than him, plaintiff-appellant could not establish a prima facie case of racial discrimination following termination. Plaintiff-appellant's allegation of disparate treatment lacked merit where he did not establish that the defendants-appellees treated him differently from similarly situated individuals. Plaintiff-appellant's retaliation claim failed because the evidence showed his termination was directly related to his violation of work rules when he was found sleeping on the job rather than due to unrelated work complaints presented by plaintiff-appellant. Plaintiff-appellant's race-based hostile workplace claim failed because the totality of the circumstances did not establish a workplace permeated with discriminatory intimidation, ridicule, or insult that created an abusive work environment. The Universal Declaration of Human Rights is not enforceable in American courts and, thus, plaintiff-appellant's claim on this issue was subject to summary judgment. The trial court did not err when it denied plaintiff-appellant's Civ.R. 60(B) motion. Plaintiff-appellant failed to initiate a filing of a petition under R.C. 4112.06 and, therefore, we declined to review the related claim. The