McFEE v. NURSING CARE MGT. OF AM., INC.

No. 2009-0756.

126 Ohio St.3d 183 (2010)

2010-Ohio-2744

McFEE; OHIO CIVIL RIGHTS COMMISSION, Appellee, v. NURSING CARE MANAGEMENT OF AMERICA, INC., D.B.A. PATASKALA OAKS CARE CENTER, Appellant.

Supreme Court of Ohio.

Decided June 22, 2010.


Attorney(s) appearing for the Case

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, Stephen P. Carney and Emily S. Schlesinger, Deputy Solicitors, and Patrick M. Dull, Assistant Attorney General, for appellee.

Dinsmore & Shohl, L.L.P., Jan E. Hensel, and Patricia Gavigan, for appellant.

Gordillo & Gordillo, L.L.C., and Gregory A. Gordillo, urging affirmance for amici curiae Ohio Employment Lawyers Association, Ohio Poverty Law Center, and Ohio NOW Legal Defense and Education Fund.

Porter, Wright, Morris & Arthur, L.L.P., and Jeffrey J. Weber, urging reversal for amicus curiae National Federation of Independent Business Small Business Legal Center.

Rolf & Goffman Co., L.P.A., Carol Rolf, and Robert C. Pivonka, urging reversal for amicus curiae Ohio Health Care Association.

Vorys, Sater, Seymour & Pease, L.L.P., Thomas M. Tarpy, and Michael C. Griffaton, urging reversal for amicus curiae Ohio Management Lawyers Association.


CUPP, J.

I

{¶ 1} In this case, a pregnant employee who took maternity leave before she was eligible under her employer's uniform minimum-length-of-service requirements for leave eligibility of any kind was terminated for absence from her job. We are asked whether the termination of that employee for violation of the uniform leave policy...

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