ELEK v. HUNTINGTON NATL. BANK

No. 89-1812.

60 Ohio St. 3d 135 (1991)

ELEK, APPELLEE, v. HUNTINGTON NATIONAL BANK, APPELLANT.

Supreme Court of Ohio.

Decided June 12, 1991.


Attorney(s) appearing for the Case

Bates & Mong and James F. Mong; and Frederick M. Gittes, for appellee.

Porter, Wright, Morris & Arthur, Richard M. Markus, John M. Stephen, Bradd N. Siegel, Kevin E. Griffith and Larry D. Case, for appellant.

Spater, Gittes, Schulte & Kolman and Frederick M. Gittes, urging affirmance for amici curiae, Ohio Chapter of the National Organization for Women, National Association for the Advancement of Colored People, Committee Against Sexual Harassment, National Association of the Physically Handicapped, Courage, Inc., National Employment Lawyers Association and National Lawyers Guild.

Louis A. Jacobs, urging affirmance for amicus curiae, State Representative Vernon L. Sykes.

Arter & Hadden, John B. Lewis, Gregory V. Mersol and Margaret H. Joyce, urging reversal for amicus curiae, Ohio Association of Civil Trial Attorneys.

Baker & Hostetler, Robert F. Howarth and Jean M. Frazier, urging reversal for amici curiae, Ohio Chamber of Commerce, Ohio Bankers Association, Ohio Restaurant Association, Gibson Greetings, Inc., Printing Industry of Ohio and Mid America Legal Foundation.

McCutchan, Druen, Maynard, Rath & Dietrich, David L. Maynard and David L. White, urging reversal for amicus curiae, Nationwide Mutual Insurance Company.

Taft, Stettinius & Hollister, J. Alan Lips and Doreen Canton, urging reversal for amicus curiae, Ohio Casualty Insurance Company.

Taft, Stettinius & Hollister, Robert J. Townsend and Brian P. Gillan, urging reversal for amicus curiae, Greater Cincinnati Employers Institute.

Vorys, Sater, Seymour & Pease, Lester S. Lash and James P. Friedt, urging reversal for amicus curiae, Ohio Manufacturers' Association.


SWEENEY, J.

I

In his complaint, appellee alleges, inter alia, that appellant has engaged in discriminatory practices in violation of R.C. 4112.02(A). This subsection provides:

"It shall be an unlawful discriminatory practice: For any employer, because of the race, color, religion, sex, national origin, handicap, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate...

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