CHEEK v. INDUSTRIAL POWDER COATINGS INC (1999)

Supreme Court of Ohio.

CHEEK, Respondent, v. INDUSTRIAL POWDER COATINGS, INC. et al., Petitioners.

No. 97-1962.

Decided: March 10, 1999

Reese M. Wineman, for respondent. Ziegler, Metzger & Miller L.L.P., Stephen M. Bales and John E. Redeker, Cleveland, for petitioners.

Pursuant to S.Ct.Prac.R. XVIII, the United States District Court certified the question of “Whether an individual employee, not otherwise deemed to be an ‘employer’ under the statute, may be individually liable for alleged violations of the employment discrimination provisions of the Ohio Civil Rights Act, Ohio Rev.Code §§ 4112.01(A)(2), 4112.02(A) & 4112.99?”

Our response is in the affirmative. See Genaro v. Cent. Transport, Inc. (1999), 84 Ohio St.3d 293, 703 N.E.2d 782.

Lundberg Stratton, J., dissenting. I disagree with the majority for the reasons set out in the dissenting opinions in Genaro v. Cent. Transport, Inc. (1999), 84 Ohio St.3d 293, 703 N.E.2d 782. I would hold that the General Assembly intended R.C. Chapter 4112 to impose liability only on employers, not on an employer's managers or supervisors. Therefore, I respectfully dissent.

MOYER, C.J., and DOUGLAS, RESNICK, FRANCIS E. SWEENEY, Sr., PFEIFER and COOK, JJ., concur. LUNDBERG STRATTON, J., dissents.

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