Opinion

Byrnes v. LCI Communication Holdings Co.

  • 77 Ohio St. 3d 125
  • 672 N.E.2d 145
Court
Ohio Supreme Court
Filed
Dec 11, 1996
Status
Published
Author
Douglas
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
130 cases
Authority
More cited than 15.2%

holding that discriminatory remarks regarding age were insufficient to create an issue of fact in an age-discrimination case, where the remarks were not directed toward the plaintiffs

How later courts described this case

  • holding that discriminatory remarks regarding age were insufficient to create an issue of fact in an age-discrimination case, where the remarks were not directed toward the plaintiffs
  • finding that there “[m]ust be a link or nexus between the discriminatory statement or conduct and the prohibited act of discrimination to establish a violation of the statute.”
  • finding that the employee did not meet the fourth prong of the Barker test because the employee was not replaced “by a person outside the statutorily protected class”
  • noting that the Mauzy court clarified the methods for establishing a prima facie case of age discrimination under section 4112.14 of the Ohio Revised Code and that the same methods apply to section 4112.02, which is at issue here

Written by the judges who cited it.

The opinion

Douglas, J.,

concurring. I concur in the judgment. In doing so, I continue to subscribe to our holding in Mauzy v. Kelly Services, Inc. (1996), 75 Ohio St.3d 578 , 664 N.E.2d 1272 .

My concurrence herein is based specifically on the fact that the fourth prong of the test established in Barker v. Scovill, Inc. (1983), 6 Ohio St.3d 146 , 6 OBR 202, 451 N.E.2d 807 , is absent in this case, to wit, that plaintiffs-appellees were not replaced by a person or persons not belonging to the protected class. Plaintiffsappellees were, in fact, not replaced at all.

In concurring, I am not unmindful of the “direct evidence” standard as so well set forth in the dissent of Justice Resnick. I believe the standard, where it can be shown to exist, still lives.

F.E. Sweeney, J., concurs in the foregoing concurring opinion.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.