CITY OF COLUMBUS CIV. SERV. COMM. v. McGLONE

No. 97-980.

82 Ohio St.3d 569 (1998)

CITY OF COLUMBUS CIVIL SERVICE COMMISSION, APPELLANT, v. McGLONE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 12, 1998.


Attorney(s) appearing for the Case

Janet E. Jackson, City Attorney, Sherrie J. Passmore, Chief Labor Attorney, and Stephanie M. Hughes, Assistant City Attorney, for appellant.

Michael G. Moore, for appellee James McGlone.

Betty D. Montgomery, Attorney General, Duffy Jamieson and Matthew D. Miko, Assistant Attorneys General, for appellee Ohio Civil Rights Commission.

Louis A. Jacobs; Spater, Gittes, Schulte & Kolman and Frederick M. Gittes, urging affirmance for amicus curiae, Ohio Employment Lawyers Association.


PFEIFER, J.

We hold that a person denied employment because of a physical impairment is not necessarily "handicapped" pursuant to former R.C. 4112.01(A)(13).

To establish a prima facie case of handicap discrimination, the person seeking relief must demonstrate (1) that he or she was handicapped, (2) that an adverse employment action was taken by an employer, at least in part, because the individual was handicapped, and (3) that the person, though handicapped...

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