Opinion

Price v. Matco Tools, 23583 (9-28-2007)

  • 2007 Ohio 5116
Court
Ohio Court of Appeals
Filed
Sep 28, 2007
Status
Unpublished
On the bench
SLABY, Presiding Judge.
Cited by
10 cases

The opinion

{¶ 50} I concur in part and dissent in part from the majority's decision. I would find that the trial court erred in failing to grant summary judgment in favor of Appellee with respect to the employment discrimination cause of action. I respectfully disagree with the majority's conclusion that there exists no genuine issue of material fact surrounding the retaliation claim. I would find that genuine issues of material fact remain as to whether there exists a proximate relationship between the protected conduct and Appellant's termination. More specifically, I disagree with the majority's conclusion that the only evidence that connects Appellant's termination to her protected activity is the proximity between the two events. The majority's treatment of the fourth prong of the retaliation test creates an untenable situation in which an employee could almost never succeed on a retaliation claim because he or she could not establish a nexus between the protected activity and the adverse employment action without a explicit admission from the employer. Accordingly, I would affirm the trial court's decision on this claim. *Page 1

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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