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Jackson v. Champaign National Bank & Trust Co.9/26/2000
so. I get tired of people arguing with me." (Jackson Affidavit, at paragraph 54.) Appellant provided the affidavits of four female bank employees who generally testified that Bostelman and Lamping ignored or humiliated women at the bank. With regard to appellant specifically, two of the affiants testified that Lamping referred to her sarcastically as "Super Sue." (See Nancy Zerkle Affidavit, at paragraph 12; Cynthia Joe Stimmel Affidavit, at paragraph 6.)
After her December 22, 1997 conversation with Lamping, appellant delivered a memorandum to Patricia Cromwell, the bank's Human Resources Officer. In the memorandum, appellant stated the following:
I do not agree with my 1997 Performance Evaluation of below expected. Of the six Business Banking Officers employed by the Champaign Bank, I have exceeded the loan sales of all but one of the male lenders. It was not expressed to me by my immediate supervisor at my mid year review nor at any other time that my performance was below average. The monthly loan reports and the magnitude of my loan portfolio indicated that I was performing above the other male lenders of my grade level. [(Emphasis added.) Jackson Depo. I, Exhibit 9.]
In January 1998, appellant applied for a job with Chase Manhattan Mortgage ("Chase Manhattan"). She had an interview on January 26, 1998.
On February 11, 1998, Lamping met with appellant and proposed that she move to the bank's Plain City, Ohio office. Lamping testified that he thought the move would be a positive professional opportunity for appellant because: (1) it was closer to her new home in Hilliard, Ohio; (2) it was where her two largest commercial customers were located; and (3) it was closer to growth area where the bank anticipated profitably lending. Appellant, however, testified that she perceived the transfer to be an effort to drive her out of her job by placing her in a branch with significantly smaller lending volume than Urbana. She told Lamping that she would prefer to stay in Urbana. She admits, however, that she agreed to move if her transfer would serve the bank's best interests. Consequently, Lamping sent a company-wide memorandum reporting on appellant's lateral transfer to Plain City. In it, Lamping noted that appellant would continue with her current duties as the bank-wide product manager for mortgage loans. Although there is no evidence that appellant's salary or job title was impacted by the transfer, appellant believed that the move forecasted disaster, as she would not be able to meet her goals in Plain City. Moreover, appellant testified that Bostelman told her that the Plain City branch did not do a sufficient volume of business to warrant an officer position.
On February 19, 1998, Chase Manhattan offered appellant a job, and she promptly accepted. She submitted her letter of resignation during the same week that she was to transfer to the Plain City branch. Her last day with the bank was March 6, 1998. On March 18, 1998, appellant received a letter from the bank requesting that she reimburse the bank $334, the cost of tuition that the bank paid for appellant to attend two classes at Clark State during the Fall of 1997.
In her first assignment of error, appellant contends that the trial court erred in granting summary judgment in appellees' favor on appellant's sex discrimination claim. Appellant argues that the trial court improperly ignored direct evidence of sex discrimination. She further argues that the court erred by requiring her to prove that she was replaced by a man. Finally, appellant argues that the court erred in finding that she was not qualified for her job.
R.C. 4112.02(A) forbids an employer "to discharge wit
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