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[T] Rice v. Certainteed Corp.2/10/1999
[Cite as Rice v. CertainTeed Corp. (1999), ___ Ohio St.3d ___.]
Civil rights - Employment discrimination - Civil remedies for unlawful discriminatory practices - R.C. 4112.99 authorizes an award of punitive damages in civil employment discrimination actions.
R.C. 4112.99 authorizes an award of punitive damages in civil employment discrimination actions.
Submitted December 1, 1998
On Order from the United States District Court for the Northern District of Ohio, Western Division, Certifying a Question of State Law, No. 3:97CV7484.
This cause comes before us as a certified question of state statutory interpretation from the United States District Court for the Northern District of Ohio, Western Division. As the federal district court explained in its certification order:
"Plaintiff filed this action in the United States District Court for the Northern District of Ohio, Western Division, alleging that his termination from employment was racially-motivated, and therefore a violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e, et seq., the Reconstruction-Era Civil Rights Act of 1871, 42 U.S.C. § 1981, and Ohio Rev.Code §§ 4112.02(A) and 4112.99. Plaintiff also claims that he suffered acts of retaliation for having opposed unlawful discriminatory practices by the Defendant, which conduct is alleged to violate Ohio Rev.Code §§ 4112.02 and 4112.99."
" * * * Defendant moved to dismiss, without prejudice, Plaintiff's Ohio-based causes of action. Defendant claims, inter alia, that Plaintiff's state law claims raise unsettled issues of state law relative to the availability of punitive damages under Ohio Rev.Code § 4112.99."
" * * * There is no announced, controlling decision on this issue from the Ohio Supreme Court."
"This Court has concluded that this matter requires a determination by the Ohio Supreme Court[.]" We agree that the question justifies our attention.
Pursuant to S.Ct.Prac.R. XVIII, the United States District Court certified the question of "Whether punitive or exemplary damages are available in an employment discrimination action arising under Ohio Rev.Code § 4112.99."
Our response is "yes." R.C. 4112.99 authorizes an award of punitive damages in civil employment discrimination actions.
I.
We begin with the language of the statute. The General Assembly amended R.C. 4112.99 in 1987 to provide "a civil action for damages, injunctive relief, or any other appropriate relief." 142 Ohio Laws, Part I, 1778. This court recognized the amendment's creation of an independent civil action to remedy all forms of discrimination prohibited by R.C. Chapter 4112 in Elek v. Huntington Natl. Bank (1991), 60 Ohio St.3d 135, 573 N.E.2d 1056. While the parties agree R.C. 4112.99 affords discrimination plaintiffs the general right to a civil action, they debate whether the word "damages" is meant to include both compensatory and punitive damages.
"In construing a statute, a court's paramount concern is the legislative intent in enacting the statute." State ex rel. Richard v. Bd. of Trustees of Police & Firemen's Disability & Pension Fund (1994), 69 Ohio St.3d 409, 411, 632 N.E.2d 1292, 1295. To this end, we must first look to the statutory language and the " `purpose to be accomplished.' " Id. In assessing the language employed by the General Assembly, the court must take words at their usual, normal, or customary meaning. Id. at 412, 632 N.E.2d at 1295. Most important, it is the court's duty to "give effect to the words used [and to refrain from] insert words not used." Id.
Black's Law Dictionary
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