Collins v. Rizkana, 73 Ohio St. 3d 65

652 N.E.2d 653 (Ohio 1995) · Supreme Court of Ohio · August 16, 1995

Summary

The Ohio Supreme Court held that Ohio recognizes a common-law tort claim for wrongful discharge in violation of public policy based on sexual harassment or discrimination. The court concluded that Ohio statutes prohibiting sexual imposition and employment discrimination establish a clear public policy, and that the availability or inapplicability of remedies under R.C. Chapter 4112 did not preclude Collins’s claim. The court reversed the appellate decision and remanded the case for further proceedings.

Holdings

  1. Ohio recognizes a cause of action for wrongful discharge in violation of public policy based on sexual harassment or discrimination.
  2. The elements of Ohio's public-policy wrongful-discharge tort are clarity, jeopardy, causation, and the absence of an overriding legitimate business justification.
  3. The availability and limited coverage of remedies under R.C. Chapter 4112 did not preclude Collins from pursuing an independent common-law wrongful-discharge claim.
  4. A genuine issue of material fact remained concerning whether Rizkana subjected Collins to unwanted sexual contacts and retaliated against her, resulting in constructive discharge.

Questions Presented

  1. Whether Ohio recognizes a common-law tort claim for wrongful discharge in violation of public policy based on alleged workplace sexual harassment or discrimination.
  2. Whether Ohio's public policy against sexual harassment and sex discrimination is sufficiently clear to support an exception to the employment-at-will doctrine.
  3. Whether the availability or limited coverage of remedies under R.C. Chapter 4112 precludes Collins's common-law wrongful-discharge claim.
  4. Whether the evidence, construed most strongly in Collins's favor, presented a genuine issue of material fact concerning the alleged harassment, retaliation, and constructive discharge.

Disposition

reversed_and_remanded

Cases Cited (17)

  • Phung v. Waste Management, Inc., 23 Ohio St. 3d 100, 491 N.E.2d 1114 (1986)(followed as background)
  • Mers v. Dispatch Printing Co., 19 Ohio St. 3d 100, 483 N.E.2d 150 (1985)(followed as background)
  • Henkel v. Educational Research Council of America, 45 Ohio St. 2d 249, 344 N.E.2d 118 (1976)(followed as background)
  • Wagenseller v. Scottsdale Memorial Hospital, 147 Ariz. 370, 710 P.2d 1025 (1985)(persuasive)
  • Petermann v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 396, 174 Cal. App. 2d 184, 344 P.2d 25 (1959)(persuasive)
  • Palmateer v. International Harvester Co., 85 Ill. 2d 124, 421 N.E.2d 876 (1981)(persuasive)
  • Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St. 3d 228, 551 N.E.2d 981 (1990)(followed)
  • Painter v. Graley, 70 Ohio St. 3d 377, 639 N.E.2d 51 (1994)(followed)
  • Watson v. Peoples Security Life Insurance Co., 322 Md. 467, 588 A.2d 760 (1991)(persuasive)
  • Rojo v. Kliger, 52 Cal. 3d 65, 276 Cal. Rptr. 130, 801 P.2d 373 (1990)(persuasive)

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