Summit Cty. Children Servs. v. Ohio Civ. Rights Comm.

Summary

The Ninth District Court of Appeals affirmed the Summit County Court of Common Pleas judgment upholding an Ohio Civil Rights Commission order against Summit County Children Services. The court held that Deborah Webb was disabled under the Ohio Civil Rights Act, that the agency’s failure to accommodate her request to work from home supported a constructive-discharge finding, and that her pension income did not constitute interim earnings subject to deduction from back pay. The court concluded that the Commission’s order was supported by reliable, probative, and substantial evidence and was in accordance with law.

Holdings

1. The ADA Amendments Act's clarified, non-demanding standards may guide interpretation of the substantially-limits requirement in the Ohio Civil Rights Act because the federal and Ohio definitions of disability are materially the same and Ohio law requires liberal construction of R.C. Chapter 4112.
2. Reliable, probative, and substantial evidence supported the finding that Webb had a disability because her postsurgical foot condition substantially limited major life activities, including walking, driving, shopping, cooking, and caring for herself.
3. The evidence supported the finding that Webb was constructively discharged where the employer denied a feasible remote-work accommodation, offered only unpaid leave without medical benefits, posted her position without guaranteeing her return, and failed to engage in a good-faith accommodation process.
4. The Commission was not required to deduct Webb's OPERS retirement income from the back-pay award because R.C. Chapter 4112 requires an allowance for interim earnings, not all interim income, and retirement benefits are not earnings under the circumstances presented.

Questions Presented

1. Whether the Americans with Disabilities Act Amendments Act standards govern interpretation of disability under the Ohio Civil Rights Act.
2. Whether reliable, probative, and substantial evidence supported the finding that Webb had a disability under the Ohio Civil Rights Act.
3. Whether reliable, probative, and substantial evidence supported the finding that Webb was constructively discharged when the employer denied her requested remote-work accommodation, offered unpaid leave, and posted her position.
4. Whether Webb's post-resignation Ohio Public Employee Retirement System income had to be deducted from the Commission's back-pay award as interim earnings.

Disposition

affirmed