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A Chapter 4112 discrimination claim protects individuals in the
workplace from discrimination and allows them to bring an action against
It shall be an unlawful discriminatory practice: (A) For any
employer, because of the race, color, religion, sex, military
status, national origin, disability, age, or ancestry of any
person, to discharge without just cause, to refuse to hire, or
otherwise to discriminate against that person with respect
to hire, tenure, terms, conditions, or privileges of
employment, or any matter directly or indirectly related to
A violation of Chapter 4112 subjects the defendant “to a civil action
for damages, injunctive relief, or any other appropriate relief.”5These
statutes aim to protect minorities in the workplace and provide remedies to
correct those harms.6
This Comment demonstrates that, in contrast to Luri, the better
position on this issue was taken by the United States District Court for the
Southern District of Ohio in Kramer Consulting, Inc.v. McCarthy.7The
district court (admittedly construing a different statutory claim) held that
tort reform legislation that limits punitive damages under § 2315.21 in tort
actions does not apply to statutory claims, specifically referring to Chapter
4112 claims for discrimination.8
Other courts have also determined that civil actions under Chapter
4112 are statutory in nature and establish liability for violations of a
person’s rights.9This position was supported by the Ohio Supreme Court
in Rice v. CertainTeed Corp.10 The court in Rice made a distinction
between actions involving recovery for damages to “person, [or] property”
and actions involving recovery of damages to a person’s “rights.”11 The
statutory definitions of tort action in §§ 2315.18 and 2315.21 only apply to
4OHIO REV.CODE ANN. § 4112.02(A) (West 2016).
5OHIO REV.CODE ANN. § 4112.99 (West 2016).
6Id. See also § 4112.02(A).
7No. C2-02-116, 2006 WL 581244 (S.D. Ohio Mar. 8, 2006).
8Id. at *8.
9See, e.g., Meyer v. United Parcel Serv., Inc., 882 N.E.2d 31, 37 (Ohio Ct. App. 2007).
10 704 N.E.2d 1217, 1218 (Ohio 1999).
11 Id. at 1219.