Summary
The United States District Court for the Southern District of Ohio denied Defendants’ motion for summary judgment in Kevin Banks’s employment-discrimination and retaliation case against Greene County, Ohio, and related defendants. The Court identified disputed factual issues concerning comparator employees, the treatment of a probationary employee, the resignation process, the Older Workers Benefit Protection Act, the underlying investigation, and alleged age- and FMLA-related comments. The case was referred for mediation.
Court
United States District Court for the Southern District of Ohio, Western Division at Dayton
Jurisdiction
United States District Court for the Southern District of Ohio, Western Division at Dayton
Decision date
January 16, 2026
Docket number
3:23-cv-343
Disposition
other
Questions Presented
- Whether defendants were entitled to summary judgment on Banks's age-discrimination and retaliation claims under the ADEA and Ohio law.
- Whether defendants were entitled to summary judgment on Banks's FMLA retaliation claim.
- Whether the evidentiary record contained genuine disputes concerning comparator treatment, the stated reason for Banks's separation, the circumstances of his resignation, and the alleged age- and FMLA-related comments.
Holdings
- Defendants were not entitled to summary judgment because the record contained one or more genuine disputes of material fact.
- The alleged comments and surrounding circumstances created factual disputes concerning who made the comments, their positions, timing, pervasiveness, and whether the investigation and resignation were pretextual or constituted constructive discharge; defendants therefore had not shown entitlement to judgment as a matter of law on those claims.
Court Document
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