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El Grande Steak House v. Ohio Civ. Rights Comm.12/23/1994
JOSEPH E. MAHONEY, Judge.
Appellant, El Grande Steak House, appeals the judgment of the Ashtabula County Court of Common Pleas affirming the final order of defendant-appellee, Ohio Civil Rights Commission. Having found appellant's assignments of error to be without merit, we affirm.
On April 26, 1990, Laura J. Graddy ("Graddy") filed an affidavit with appellee alleging that appellant discriminated against her based on her pregnancy. After an investigation, appellee concluded that there was probable cause to believe thasappellant had engaged in unlawful discriminatory practices, and issued a complaint against appellant for alleged unlawful discriminatory practices in violation of R.C. 4112.02(A).
On March 23, 1992, a public hearing was held, and the following testimony was presented. In June 1989, Graddy was employed by appellant as a waitress. Graddy testified that on November 19, 1989, she was approached by appellant's manager, Linda DiCamillo ("DiCamillo"), as she was preparing to clock out at the end of her shift. Graddy claimed that DiCamillo asked her if she was pregnant and stated that, "If you are pregnant, you won't be allowed to work here because we don't allow pregnant women to work in the restaurant. * * * It's company policy." Another employee, Sharon Paulchel, testified that she overheard DiCamillo's statements and corroborated Graddy's claims. DiCamillo testified that she did not have any conversations with Graddy about her pregnancy.
Graddy also testified that DiCamillo told her that she did not have to work her regularly scheduled shift on the following Monday because someone else was scheduled to work her hours. However, Graddy went to work that Monday, November 21, 1989, and took a voice activated tape recorder with her to record her conversations with DiCamillo. Appellee offered the tape recording and a transcript of the same into evidence at the hearing. Graddy identified the voices as her own and that of DiCamillo, and she testified that the tape had remained in her possession until the tape was given to appellee.
Appellant objected to the admission of the tape recording, arguing that the tape recording was incomplete and that appellee had failed to lay a proper foundation to ensure its authenticity. However, both the tape recording and its transcription were admitted into evidence. The transcription of the tape recording included the following colloquy:
"BY MRS. GRADDY: Okay. Anyway, I found out that I am pregnant.
"* * *
"BY (UNIDENTIFIED): * * * training people for you. And see, when they see when you're in that condition we don't issue you a bigger skirt. And you need one. And that's not good for the baby to be in that tight leather skirt and carrying trays and being on your feet. And we don't want to kill anybody's child. And that's what you'd be doing. This isn't the type of work that you should be doing when you're having a baby. * * *
"BY MRS. GRADDY: Well, I--it doesn't matter because it's * * *
"BY (UNIDENTIFIED): It matters to me.
"* * *
"BY MRS. GRADDY: * * * I'm still capable of working.
"BY (UNIDENTIFIED): Because what if you get sick during the holidays and you can't come in. And you may. You don't know how you're going to act. * * I can't protect your job to the end, and you may just up and quit any time.
"BY MRS. GRADDY: Well, I would give you notice * * *
"BY (UNIDENTIFIED): You're not going to be able to give me notice if you're sick. * * *
"* * *
"BY (UNIDENTIFIED): * * * Well, with the baby it's a different c
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