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Wilkerson v. Howell Contractors8/26/2005
DECISION
{ } Plaintiff-appellant Stefen Wilkerson appeals the judgment of the Hamilton County Court of Common Pleas dismissing his employment-discrimination claims against defendant-appellee Howell Contractors Inc. ("Howell") for lack of subject-matter jurisdiction. For the following reasons, we reverse the judgment of the trial court.
{ } Wilkerson, an African-American male residing in Ohio, was originally hired as a laborer in February or March 2000 by Howell, a Kentucky corporation engaged in the business of underground utility construction for municipalities and private developers. Wilkerson was laid off in July 2001, but was subsequently rehired in February 2002. In August 2002, Howell terminated Wilkerson's employment. Wilkerson claimed, and it was not disputed, that Howell hired a white worker to replace him.
{ } Ultimately, Wilkerson filed a complaint with the Kentucky Human Rights Commission and the U.S. Equal Employment Opportunity Commission ("EEOC"), alleging unlawful employment discrimination on the basis of race in violation of Title VII of the Civil Rights Act of 1964. The EEOC office in Louisville, Kentucky, investigated the complaint and suggested mediation between the parties. The mediation failed, and the EEOC provided a "right to sue" letter to Wilkerson, informing him that he had 90 days from receipt of the letter to file a suit in state or federal court relating to his allegations of discrimination. The letter stated that "generally, suits are brought in the State where the alleged unlawful practice occurred, but in some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office."
{ } Wilkerson filed suit in the Hamilton County Court of Common Pleas, alleging, among other things, two types of racial discrimination by his employer: (1) racially disparate treatment (being terminated in August 2002 and replaced by a white male); and (2) a racially hostile work environment (Wilkerson was subjected to daily racial slurs by the foreman on the job site). Wilkerson claimed that these actions by Howell violated the Ohio Civil Rights Act and Title VII of the Civil Rights Act of 1964 ("Title VII").
{ } Howell moved to dismiss the claims for lack of subject-matter jurisdiction, submitting the affidavit of Theresa Howell, its human resource director, and a copy of the Notice of Charge of Discrimination in support of its motion. Theresa stated in her affidavit (1) that Wilkerson's termination in August 2002 "took place in Kentucky"; (2) that Wilkerson was working on a job in Kentucky when he was terminated; and (3) that Wilkerson's employment records were maintained at Howell's offices in Ft. Wright, Kentucky. Theresa further stated that "Howell conducts its business in both Kentucky and Ohio" and that Wilkerson, during his employment, worked on jobs in both Kentucky and Ohio. The Notice of Charge of Discrimination ("notice letter"), which was a notice issued by the EEOC that informed an employer that a complaint had been filed against it, stated that the alleged discriminatory conduct occurred in Ft. Wright, Kentucky.
{ } Wilkerson opposed the motion to dismiss, submitting his own affidavit stating that "the second time was terminated it occurred on Enyart Road in Cincinnati, Ohio." Wilkerson also stated that Howell had "created a hostile work environment when its supervisory employees permitted themselves and others to make racial slurs and direct racial slurs toward me." He alleged in his complaint that at least one derogatory comment was made in his presence when he was working on a job site in Hamilton County, Ohio.
{ } Th
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