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Murphy v. Eggleston-Meinert Funeral Home11/22/2002
DECISION AND JUDGMENT ENTRY
This is an appeal from a judgment of the Lucas County Court of Common Pleas that granted summary judgment in favor of appellees and dismissed appellant's complaint alleging sex discrimination, sexual harassment, and intentional and reckless infliction of emotional distress in the workplace.
. For the reasons that follow, this court affirms the judgment of the trial court.
. Appellant sets forth the following assignments of error:
. "A. The trial court erred when it held that Appellant had not established the presence of hostile work environment based on sex.
. "B. The trial court erred when it held that Appellant had not produced evidence of sex-based discrimination."
. The undisputed facts that are relevant to the issues raised on appeal are as follows. Appellant was hired as a funeral director/embalmer by appellee Eggleston-Meinert Funeral Home, Inc. ("Eggleston-Meinert") on February 22, 2000 and began working on February 28, 2000. Prior to being hired, appellant had completed her schooling at a college of mortuary science and had served an apprenticeship at a local funeral home. Appellant had taken her exams prior to accepting the job but had not received the results so was not yet licensed. Eggleston-Meinert employed three other full-time licensed funeral director/embalmers: appellees Terrance Breymaier and Michael Pirolli, and Larry Schaffer. At that time, Eggleston-Meinert operated two shifts and appellant was assigned to a shift with Larry Schaffer. Appellant became licensed on March 10, 2000, and her employment was terminated on April 25, 2000, eight weeks after she was hired.
. On October 23, 2000, appellant filed a complaint against appellees. Appellant alleged in the first count of her complaint sex discrimination and harassment based on sex under Ohio law and in the second count intentional or reckless infliction of emotional harm. Appellant indicates, however, in her appellate brief that she is not pursuing the second count on appeal. In that part of her complaint relevant to this appeal, appellant alleged that during the time she was employed by Eggleston-Meinert, she was not allowed to perform the normal duties of a funeral director and embalmer which the male funeral directors and embalmers performed; the duties she performed were completed in a conscientious and exemplary manner; she was subject to a hostile environment due to her sex and was given menial jobs, questioned closely about her personal life, ostracized, subjected to false complaints of poor performance, and watched closely while she performed her job duties; the harassment was unwelcome and directed at her because of her sex; the harassment was sufficiently severe to affect the terms, conditions or privileges of her employment; and her employer knew or should have known of the harassment and failed to take corrective action.
. Appellees filed timely answers and, on November 16, 2001, filed a motion for summary judgment. Appellees argued that appellant was a newly licensed funeral director/embalmer subject to the company's 90-day probationary period and under the same scrutiny as any other new employee in that position. Appellant responded that there were questions of material fact as to whether a sexually-based hostile work environment existed, whether she was treated differently because she was a female, and whether she suffered serious emotional distress. On March 5, 2002, the trial court granted summary judgment and dismissed the complaint. It is from that judgment that appellant brings her timely appeal.
. Appellant's two assignments of error will be addressed together. Appel
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