First Appellate District disagrees with Eighth Appellate District regarding applicability of Ohio revised code 2744.09(b) to retaliation claims against governmental supervisors.

An employee filed an action against a fire district and its chief, alleging that a 20-day suspension for allegedly lying on medical questionnaires constituted retaliation against her for her filing of an age- and gender-discrimination lawsuit and a workers' compensation claim. The trial court denied the fire chief's motion for summary judgment, holding, inter alia, that genuine issues of material fact existed as to whether the chief was immune from liability under the immunity exceptions set forth in R.C. 2744.03(A)(6). The First Appellate District affirmed on a different basis, holding that R.C. 2744.09(B), which provides that statutory immunity does not apply to civil actions by an employee against a political subdivision employer relative to any matter arising out of the employment relationship, applies not only to political subdivisions but also to employees of political subdivisions who are sued in such employment actions. In so holding, the First Appellate District agreed with the Fourth and Eleventh Appellate Districts but disagreed with the Eighth Appellate District on this precise issue. The Court of Appeals also held that R.C. 2744.09(B) applies to employer intentional torts that arise from the employment relationship.

Case Law Alert - 1st Qtr 2010