DWORNING v. CITY OF EUCLID

No. 2007-0307.

119 Ohio St.3d 83 (2008)

2008-Ohio-3318

DWORNING, APPELLEE, v. CITY OF EUCLID ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 8, 2008.


Attorney(s) appearing for the Case

Thorman & Hardin-Levine Co., L.P.A., Christopher P. Thorman, Peter Hardin-Levine, and Jon L. Lindberg, for appellee.

Chris Frey; Millisor & Nobil Co., L.P.A., Richard A. Millisor, and William E. Blackie, for appellant city of Euclid.

Elfvin & Besser, L.P.A., and Barbara Kaye Besser, for appellants James Slivers and Thomas Cosgriff.

Stephen L. Byron and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.

Nancy Hardin Rogers, Attorney General, William P. Marshall, Solicitor General, Christopher R. Geidner and Robert J. Krummen, Deputy Solicitors, and Duffy Jamieson, Assistant Attorney General, urging affirmance for amicus curiae state of Ohio.

Fortney & Klingshirn and Neil E. Klingshirn; Gittes & Schulte, Frederick M. Gittes, and Jeffrey P. Vardaro, urging affirmance for amici curiae Ohio Employment Lawyers' Association, Ohio NOW Legal Education Defense Fund, Committee Against Sexual Harassment, Ohio State Legal Services Association, and Columbus Branch of the Ohio NAACP.


LANZINGER, J.

{¶ 1} In this discretionary appeal, we are asked to determine whether a public employee who alleges discriminatory practices must first exhaust the public employer's administrative remedies before pursuing the civil action allowed by R.C. Chapter 4112. We hold that the employee need not do so.

Case Background

{¶ 2} Appellee Michael Dworning was employed by appellant city of Euclid for...

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