Employment Discrimination Litigation

Experience

McDowell v. GE Pension Plan, S.D. Ohio

Breach of Employment Contract, Wrongful Discharge in Violation of Public Policy, and Age and Disability Discrimination. The total amount at issue was in excess of $100,000. Dismissed upon motion for summary judgment. In granting GE summary judgment, the court concluded that the pension board was not arbitrary or capricious in its determination that the injured party was capable of performing her occupation as a value engineer. The injured party carried the burden of establishing that she was permanently incapacitated for work as a value engineer. The overwhelming evidence before the pension board indicated that the injured party was able to resume work as a value engineer and specified that she was not permanently disabled. The court also concluded that, contrary to the injured party's contention, the pension board was not obligated to follow the Social Security Administration's decision to award the injured party total and permanent disability benefits.

McFee; Ohio Civil Rights Commission v. Nursing Care Management Of America, Inc. d/b/a Pataskala Oaks Care Center, 2010 Ohio-2744

In this appeal to the Supreme Court of Ohio, Dinsmore argued that an employment policy that imposes a uniform minimum length of service requirement for leave eligibility with no exception for maternity leave is not direct evidence of sex discrimination under Revised Code Chapter 4112, seeking reversal of the Fifth District Court of Appeals. After full briefing and oral argument to the Supreme Court of Ohio, the Supreme Court agreed establishing, as a proposition of law, that an employment policy that imposes a uniform minimum length of service requirement for leave eligibility with no exception for maternity leave is not direct evidence of sex discrimination under R.C. Chapter 4112.

Mullins v. Charleston Stamping & Manufacturing, Inc., 2011 U.S. Dist. LEXIS 65846 (S.D. W.Va. 2011)

Lead counsel in representation of a stamped parts manufacturer sued for age discrimination by an unsuccessful applicant for employment at its plant located in South Charleston, West Virginia. The plaintiff alleged that Charleston Stamping intentionally discriminated against him because of his age in failing to hire him, and that its hiring policies and procedures had a disparate impact on applicants over age 40. Charleston Stamping moved for summary judgment as a matter of law, asserting alternatively that the plaintiff’s claims were barred by the applicable statute of limitations, and that he could not make out a prima facie case of age discrimination. The court granted summary judgment on all claims.

Northwestern Ohio Building & Construction Trades Council v. City of Toledo, et al., Lucas County Court of Common Pleas

Plaintiff Union claimed violation of prevailing wage and hour laws under Ohio Revised Code. Successfully negotiated a settlement at less than 50% of full value of case and avoided attorneys fees.

Patrick v. Ferguson, Inc.

Federal District Court, Southern District of Ohio, granted summary judgement motion in favor of Ferguson, dismissing Plaintiff's age discriminaiton claims. 

Plaintiff v. Large Retailer

Obtained summary judgment in United States District Court for the Southern District of West Virginia on disability discrimination claim brought by former employee.

Plaintiff v. Regional Airline

Successfully obtained reversal by the West Virginia Supreme Court of the West Virginia Human Rights Commission's finding of discrimination.

Race Discrimination, Hostile Work Environment and Retaliation Case

Just one month before trial in August 2012, Dinsmore obtained a summary dismissal of a suit filed by a former security officer who was terminated after 13 years of employment for failing to immediately report to his superiors information regarding possible theft of the Company’s product, alcoholic beverages. The officer alleged that he was subjected to race discrimination and a racially hostile work environment and that he had been terminated in retaliation for having filed two EEOC charges 2½ years earlier. The officer also acknowledged that he had failed to timely report information about possible theft, but claimed that a “mixed-motive” standard should apply, allowing a plaintiff to proceed by arguing that his termination was motivated by both lawful and unlawful reasons. The Court rejected this theory, stating that the officer had not proffered evidence that any employee who failed to timely report suspected theft received a less severe discipline. Further, the Court dismissed the officer’s racially hostile work environment claim on the grounds that the two instances upon which he based his claims were not directed at him because of his race and did not constitute racial harassment. Finally, the Court dismissed the retaliatory discharge claim on the grounds that the officer did not proffer evidence of a causal connection between his 2005 EEOC charges (both of which were dismissed) and his 2008 termination. Accordingly, the case was dismissed in its entirety with prejudice. The Kentucky Court of Appeals affirmed the summary dismissal of the security officer's claims in their entirety.

Representation Before the EEOC and State Fair Employment Practices Agencies

We have represented our client, a provider of transportation management services, in a number of matters before the EEOC and State Fair Employment Practice agencies across the country.  The issues involved race discrimination, sex discrimination, national origin discrimination and retaliation charges.  We received no probable cause dismissals in 18 charges during the previous two years.

Richard Rector, et al. v. Lincoln Electric Company, et al., Cuyahoga County Court of Common Pleas

Plaintiff brought class action intentional tort claims and product liability claims. Successfully negotiated dismissal of claims against client without payment by client.

Sandra Hodges v. Psychiatric Professional Services, Inc.

Received summary judgment on plaintiff's age discrimination, gender discrimination, FMLA retaliation, promissory estoppel, and violation of public policy claims. Granted summary judgement on all claims by S.D. Ohio, affirmed by Sixth Circuit Court of Appeals.

Serednyj v. Beverly Healthcare LLC

Won in the United States Court of Appeals for the Seventh Circuit. The 7th Circuit upheld summary judgment in Defendant’s favor against claims for sex, disability, and retaliation under the Pregnancy discrimination Act, Title VII, and Americans with Disabilities Act

Shepherd v. Rite Aid of West Virginia, Inc.

We obtained summary judgment in a case involving the Plaintiff, who claimed that she was discriminated against on the basis of her gender, race, and that she was wrongfully terminated in violation of public policy after failing a drug test. She alleged that the drug test itself was against public policy concerning drug testing of current employees. The circuit court granted our client summary judgment on the wrongful termination issues. The Plaintiff then filed a writ of mandamus, requesting that the Supreme Court of Appeals in West Virginia accept the appeal. the Court, 5-0, rejected the Plaintiff's request. Because the gender and race claims hinged on the wrongful termination claim, the Plaintiff dismissed those claims.

Smith v. Columbia Gas Transmission Corp., 1999 U.S. App. LEXIS 6521 (4th Cir. 1999)

Lead counsel for Columbia in a case alleging race discrimination and racial harassment in the workplace. After successful mediation efforts, a settlement agreement was drafted between the parties. The plaintiff thereafter alleged that he had not agreed to the terms of the agreement, and fired his counsel after he took a contradictory position on the issue. Testimony was elicited at a hearing from Columbia’s in-house counsel and the plaintiff's original trial counsel, each of whom testified that the written agreement comported with a verbal agreement reached between the parties. The district court held, therefore, that the agreement accurately reflected the settlement terms, and that the plaintiff had authorized his original counsel to reach agreement on each term. Enforcement of the agreement was ordered, and was affirmed on appeal by the Fourth Circuit.

Sue Spencer v. Feather, Inc.

Our firm won a defense verdict at a jury trial on behalf of our client, Feather, Inc., who had been sued by the plaintiff on Title VII claims for same sex harassment and retaliation.

The Estate of Sarah Howard v. Large National Insurance Company

Our firm defended a large national insurance company on claims that it unfairly violated Family and Medical Leave (FMLA) and otherwise disciplined Howard in retaliation for complaints about her workload as a P&C adjuster, about her supervisor and the Market Claim Manager and/or because she had a disability in violation of the ADA. This case was settled on favorable terms to the client.

Walsh v. Emery Worldwide Airlines, S.D. Ohio

Plaintiff, who was a pilot for Emery World wide Airlines, alleged he was terminated in violation of the Americans with Disabilities Act. The total amount at issue was in excess of $100,000. The case was tried to a jury, which returned a defense verdict dismissing the entire case.

Wheatley v. Speedway SuperAmerica, LLC, (Kanawha County WV, 02-C-2460 (2004))

Lead counsel for Speedway in defense of same-sex harassment claims by a former male employee who alleged that he was harassed on the basis of his sexual orientation and failure to conform with gender stereotypes in violation of the West Virginia Human Rights Act.  The plaintiff also alleged that the harassment resulted in the constructive discharge from his employment in violation of the Act, and asserted common law claims for the tort of outrage and negligent hiring and supervision.  When it became clear that summary judgment in Speedway’s favor was a near certainty, the plaintiff agreed to dismiss his claims in exchange for a nominal settlement.