 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Davenport v. Bureau of Workers' Compensation5/30/2002
. Appellant, Otis Davenport, pro se, appeals a judgment of the Franklin County Court of Common Pleas affirming an order of appellee, Ohio Civil Rights Commission ("commission") dismissing appellant's complaint.
. On September 28, 1993, appellant filed a charge affidavit with the commission alleging unlawful discriminatory practices by his employer, appellee Bureau of Workers' Compensation ("BWC"). Specifically, appellant alleged that BWC had discriminated against him in denying him two promotions and in suspending him from work for five days. After an investigation, the commission found probable cause to believe that BWC had acted in violation of R.C. 4112.02(A).
. The commission's attempts to eliminate the alleged discriminatory practices through conciliation were unsuccessful. A complaint was issued on September 19, 1994, alleging that appellant was suspended and denied two promotions for reasons not equally applied to all persons without regard to race and sex.
. Subsequently, appellant filed complaints against BWC in federal court and in the Ohio Court of Claims regarding the same issues as those raised before the commission. The commission proceedings were stayed pending the outcome of those actions. Ultimately, the federal action was dismissed on procedural grounds and appellant voluntarily dismissed the complaint in the Court of Claims. The stay was lifted and the matter was heard before a commission hearing examiner on January 12 and 13, 1999.
. Subsequent to the hearing, but prior to the hearing examiner issuing a recommendation, the commission and BWC filed a joint stipulation indicating that a grievance filed on behalf of appellant by the Ohio Civil Service Employees Association, Local 11, AFSCME, AFL-CIO ("OCSEA") with regard to the five-day suspension had been settled pursuant to an agreement between the Ohio Office of Collective Bargaining ("OCB"), OCSEA and BWC. Under the terms of that agreement, BWC agreed to provide appellant forty hours of compensatory time to replace the forty hours of pay lost due to the five-day suspension and to expunge all references to the suspension from appellant's personnel record. The joint stipulation further stated that as a result of the OCB/OCSEA/BWC agreement, the commission and BWC agreed that the five-day suspension issue had become moot. The joint stipulation recognized, however, that appellant had not signed the OCB/OCSEA/BWC agreement and did not waive his right to pursue claims against BWC. (October 20, 1999 Joint Stipulation.)
. Thereafter, on November 2, 1999, the hearing examiner issued findings of fact, conclusions of law, and a recommendation. The hearing examiner concluded that no discrimination had occurred with respect to either promotion sought by appellant and recommended that the complaint be dismissed. The hearing examiner did not address the suspension issue, finding it moot pursuant to the aforementioned joint stipulation.
. Appellant filed written objections to the hearing examiner's report in which he addressed only issues relating to the denial of the promotions. Ultimately, the commission adopted the hearing examiner's report and dismissed the complaint.
. On May 24, 2000, appellant timely appealed the commission's order to the Franklin County Court of Common Pleas pursuant to R.C. 4112.06. Upon consideration of the administrative record compiled before the commission, the common pleas court determined that the commission's finding that appellant had not been the victim of unlawful discrimination by BWC with regard to the promotions was supported by reliable, probative and substantial evidence. Accordingly, the common pleas court, on J
Page 1 2 3 4 5 6 7 8 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|