Burchett v. East Liverpool Dodge Chrysler Plymouth6/6/2002
. This timely appeal comes for consideration upon the record in the trial court, the parties' briefs, and their oral arguments before this court. Plaintiff-Appellant/Cross-Appellee, Ohio Civil Rights Commission (hereinafter "Commission"), appeals the trial court's decision reducing the amount of damages awarded by the Commission to Tracie Lee Burchett (hereinafter "Burchett"). Defendant-Appellees/Cross-Appellants, East Liverpool Dodge Chrysler Plymouth Jeep (hereinafter "E.L. Dodge") and Basil Mangano (hereinafter "Mangano"), appeal the common pleas court's decision upholding the Commission's finding that they unlawfully discriminated against Burchett by illegally retaliating against her in violation of R.C. 4112.02(I). For the following reasons, we affirm the common pleas court's decision finding reliable, probative, and substantial evidence supported the Commission's finding that E.L. Dodge and Mangano unlawfully discriminated against Burchett. However, we conclude the court erred when it found the Commission's award of front pay was not supported by reliable, probative, and substantial evidence. Accordingly, we affirm the common pleas court's decision in part, reverse its decision in part, and reinstate the Commission's award of front pay to Burchett.
On March 3, 1998, Burchett filed a complaint with the Commission and the EEOC in which she alleged her employer, E.L. Dodge, sexually discriminated against her. In that complaint she asserts her immediate supervisor, Mangano, who was also the owner and president of E.L. Dodge, demoted her from finance manager to salesman because she was pregnant. The complaint was dismissed on July 28, 1998. On April 27, 1998, due to her pregnancy, Burchett notified E.L. Dodge that she was going to take maternity leave beginning on May 16, 1998, and that she would return to work on August 10, 1998. The August 10, 1998 date was tentative as Burchett planned on returning to work six weeks after the birth of her child when the doctor would give her permission to do so. Accordingly, her exact date of return would hinge on the date of her child's birth. At no time did Burchett ever inform E.L. Dodge when the exact date of her return would be. Although it appears that other employees knew Burchett was not pleased with her job, there was no question that she would be returning from maternity leave. In the beginning to middle of August, Burchett visited the offices of E.L. Dodge with her newborn, but did not inform anyone exactly when she would return. However, she did say she was planning on returning to work.
. On August 31, 1998, the first working day after her newborn's six-week checkup, Burchett's physician gave her permission to return to work and Burchett returned to the offices of E.L. Dodge and started to clean up in the office she vacated, as Mangano moved some of his files into her office and used it as a second office after Burchett went on maternity leave. A fellow employee, who saw Burchett arrive at E.L. Dodge and start to clean that office, called Mangano. When Mangano arrived at E.L. Dodge he entered the office in a rage. He does not remember what he said, however, Burchett remembered him saying "he got his bill from his attorney", told her he did not need her there anymore, and ordered her to get out. Burchett complied. Soon after this incident, Mangano closed E.L. Dodge and sold its assets to a separate corporation owned by John Seretti (hereinafter "Seretti").
Burchett filed another complaint with the Commission on October 13, 1998, alleging discriminatory retaliation. Burchett moved to amend that complaint on July 1, 1999, and that motion was granted on October 26, 1999. The matter was heard by a hearing examiner on February 2
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