Shaw v. Access Ohio

Citations

• 2018 Ohio 2969
• 118 N.E.3d 351

Syllabus

Plaintiffs-appellants, who are mother and daughter, were employed by Defendant-appellee. Defendant-appellee terminated mother and daughter, resulting in the filing of a complaint alleging that their respective terminations were unlawful. The trial court did not err in granting summary judgment against the daughter because she did not establish, through either direct or circumstantial evidence, a prima facie case that the termination decision was based upon her race. Further, the trial court, turning to the mother's case, did not err in dismissing her cause of action under Civ.R. 12(B)(6), because a termination based upon a family relationship, the only termination reason set forth in the complaint, is not, under R.C. 4112.02 or otherwise, an unlawful employment decision. Finally, the trial court did not abuse its discretion by not allowing the mother to amend the complaint. Judgment affirmed. (Froelich, J., concurring.)