OHCA Joins Ohio Supreme Court Maternity Leave Discrimination Case
OHCA has filed an Amicus Curiae (friend of the court) brief on behalf of a central Ohio nursing facility that has been charged with discrimination for the termination of a nurse in an Ohio Supreme Court case. In 2004, the nurse presented a doctor's note stating that she was unable to work because of pregnancy after working at the facility for only 8 months. The facility had a leave of absence policy based on the Family and Medical Leave Act (FMLA) which allowed 12 weeks of leave for eligible employees, who must have worked for the company for at least 12 months prior to the commencement of their leave; the facility terminated the nurse based on that policy. The Ohio Civil Rights Commission (OCRC) found probably cause of discrimination, and rejected an Administrative Law Judge’s recommendation that OCRC dismiss the complaint. The facility appealed to the Licking County Court of Common Pleas, which reversed the decision of the OCRC, finding that the nurse was treated the same as any other employee who was temporarily unable to work but did not qualify for leave under Pataskala Oaks' policy. The OCRC then filed an appeal to the Fifth District Court of Appeals, which reversed the Common Pleas Court's decision, which is now before the Ohio Supreme Court for review. Before the Supreme Court, OHCA Associate Member law firm Dinsmore & Shohl LLP is representing the facility in the case, and argues that as long as the policy does not single out pregnant women, it does not violate the state's anti-discrimination law, as it prohibits discrimination but entirely silent as to the issue of maternity leave. Legal counsel Rolf & Goffman filed the amicus brief on behalf of the Association. For additional information see Nursing Care Management of America, Inc., d.b.a. Pataskala Oaks Care Center v. Ohio Civil Rights Commission.