Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Weller v. Titanium Metals Corporation et al.

{¶ 1} We answer the certified question by citing the syllabus in Coryell v. Bank One Trust Co., N.A., 101 Ohio St.3d 175, 2004-Ohio-723, 803 N.E.2d 781:

{¶ 2} "1. Absent direct evidence of age discrimination, in order to establish a prima facie case of a violation of R.C. 4112.14(A) in an employment discharge action, a plaintiff-employee must demonstrate that he or she (1) was a member of the statutorily protected class, (2) was discharged, (3) was qualified for the position, and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age. ( Kohmescher v. Kroger Co., 61 Ohio St.3d 501, 575 N.E.2d 439, syllabus, modified and explained.)

{¶ 3} "2. The term `substantially younger' as applied to age discrimination in employment cases defies an absolute definition and is best determined after considering the particular circumstances of each case. {¶ 4} "3. A plaintiff may plead a prima facie case of age discrimination by pleading `a short and plain statement of the claim showing that the party is entitled to relief.' (Civ.R. 8[A][1], applied.)"

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O'Connor, JJ., concur.

Stratton, J., dissents. O'Donnell, J., dissents.

LUNDBERG STRATTON, J., dissenting.

I respectfully dissent for the reasons set forth in my dissenting opinion in Coryell v. Bank One Trust Co. N.A., 101 Ohio St.3d 175, 2004-Ohio-723, 803 N.E.2d 781, ¶ 28-30.

Use AI to get other relevant cases.

Comments

WELLER v. TITANIUM METALS CORP
(Apr 21, 2004)