Nursing Care Mgt. v. Ohio Civ. Rights Comm.
| Decision Date | 11 March 2009 |
| Docket Number | No. 08CA0030.,08CA0030. |
| Citation | 910 N.E.2d 482,2009 Ohio 1107,181 Ohio App.3d 632 |
| Parties | NURSING CARE MANAGEMENT OF AMERICA, INC., d.b.a. Pataskala Oaks Care Center, Appellee, v. OHIO CIVIL RIGHTS COMMISSION, Appellant. |
| Court | Ohio Court of Appeals |
{¶ 1} The Ohio Civil Rights Commission ("commission") appeals the February 11, 2008 judgment entry of the Licking County Court of Common Pleas reversing the final order of the commission in this pregnancy-discrimination case. For the reasons that follow, we reverse the judgment of the common pleas court and affirm the final order of the commission.
{¶ 2} The parties stipulated to the following facts:
{¶ 3} Tiffany McFee was hired by Pataskala Oaks as a licensed practical nurse on June 9, 2003. At the time of McFee's hire, and at all relevant times, Pataskala Oaks had a leave policy that permitted 12 weeks of leave for those employees with at least one year of service. The leave policy is contained in its employee handbook, which McFee received upon beginning employment.
{¶ 4} About eight months later, on January 26, 2004, McFee provided Pataskala Oaks with a physician's note, which stated that she was medically unable to work due to pregnancy-related swelling. The physician's note stated that McFee could return to work six weeks following her delivery. McFee gave birth a few days later, on February 1, 2004.1
{¶ 5} Pataskala Oaks terminated her three days after the birth of her child, on February 4, 2004. McFee was terminated because she did not qualify for leave under the leave policy, because at the time of her request for leave, McFee had been employed for less than one year.
{¶ 6} McFee was able to return to work on March 15, 2004, six weeks after giving birth. Pataskala Oaks's director of nursing contacted McFee on February 25, 2004, and left a telephone message informing McFee that a full-time day-shift position at Pataskala Oaks was available and instructed McFee to contact her if she was interested. McFee never returned the call. At all times after February 25, 2004, Pataskala Oaks would have rehired McFee; however, McFee never contacted Pataskala Oaks.
{¶ 7} Although McFee applied for several jobs after March 15, 2004, she was unsuccessful in obtaining employment until November 19, 2004. On that day, McFee was hired as a licensed practical nurse at Adam's Lane Care Center, where she continues to be employed.
{¶ 8} McFee filed a charge affidavit with the Ohio Civil Rights Commission on March 2, 2004, alleging that she had been unlawfully terminated due to her pregnancy. After the commission received the charge, it investigated the case and found it probable that Pataskala Oaks had violated R.C. 4112. After conciliation efforts failed, the commission issued Administrative Complaint No. 9816.
{¶ 9} All relevant facts were stipulated and submitted to an administrative law judge ("ALJ"). On December 19, 2006, the ALJ recommended that the commission dismiss the complaint. The Ohio Attorney General's office filed objections to this recommendation, arguing that the ALJ's analysis was legally flawed.
{¶ 10} Oral argument was held on February 1, 2007. Subsequently, the commission rejected the ALJ's recommendation and issued a final order on March 1, 2007. The commission held that the termination of McFee's employment was due simply to her need for maternity leave and that this violated Ohio's laws against pregnancy discrimination.
{¶ 11} Pataskala Oaks filed a petition for judicial review with the Licking County Court of Common Pleas on April 2, 2007. After briefing, the lower court issued a judgment entry on February 11, 2008, reversing the commission. The commission filed a timely notice of appeal with this court on March 10, 2008.
{¶ 12} The commission raises two assignments of error:
{¶ 13} "I. The court of common pleas erred in holding that the termination of a pregnant employee solely due to her need for maternity leave is not a termination `because of pregnancy.' (Judgment Entry, P. 5-8, Attachment 1 of Appendix.)
{¶ 14}
{¶ 15} In addressing and analyzing these assignments of errors, we must first set forth our standard of review. Because the parties have stipulated to the facts, there was no conflicting evidence before the commission requiring resolution. Rather, the issue before the commission involved the interpretation and application of law to the evidence. On the question of whether an agency's order was in accordance with law, an appellate court's review is plenary. Leslie v. Ohio Dept. of Dev., 171 Ohio App.3d 55, 2007-Ohio-1170, 869 N.E.2d 687, ¶ 44, citing Univ. Hosp. College of Medicine v. State Emp. Relations Bd. (1992), 63 Ohio St.3d 339, 343, 587 N.E.2d 835; HCMC, Inc. v. Ohio Dept. of Job & Family Servs., 179 Ohio App.3d 707, 2008-Ohio-6223, 903 N.E.2d 660, ¶ 17.
{¶ 16} We will simultaneously address the legal arguments presented by the commission in both assignments of error.
{¶ 17} It is the position of the commission that under Ohio law, an employer must provide reasonable maternity leave regardless of its leave policy. Pataskala Oaks contends that Ohio law allows an employer to place a length-of-service requirement on leave time provided to pregnant employees, as long as that length-of-service requirement is evenly applied. The trial court agreed with the position of Pataskala Oaks and reversed the commission.
{¶ 18} In their briefs to this court, the parties agree that the resolution of this issue depends upon the application and interpretation of R.C. 4112.02 and the implementing regulations set forth in Ohio Adm.Code 4112-5-05 regarding pregnancy discrimination.
{¶ 19} R.C. 4112.02 provides as follows:
{¶ 20} "It shall be an unlawful discriminatory practice:
{¶ 21} "(A) For any employer, because of the race, color, religion, sex, * * * national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment."
{¶ 22} R.C. 4112.01 provides as follows:
{¶ 23} "(B) For the purposes of divisions (A) to (F) of section 4112.02 of the Revised Code, the terms `because of sex' or `on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of pregnancy, childbirth, or related medical conditions.
Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, * * *."
{¶ 24} R.C. 4112.08 also requires that Chapter 4112 "shall be construed liberally for the accomplishment of its purpose, and any law inconsistent with any provision of this chapter shall not apply." See also R.C. 1.11 ().
{¶ 25} The parties stipulated that Pataskala Oaks is an "employer" as defined by R.C. 4112.01(A)(2) and thus is subject to R.C Chapter 4112.
{¶ 26} The administrative regulations carrying out the prohibition against discrimination in Ohio are set forth in Ohio Adm.Code 4112-5. The administrative regulations apply to sex and disability discrimination.
{¶ 27} Ohio Adm.Code 4112-5-01 provides:
{¶ 28}
{¶ 29} In regards to sex discrimination, Ohio Adm.Code 4112-5-05 states:
{¶ 30} "(G) Pregnancy and childbirth.
{¶ 31} "(1) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is a prima facie violation of the prohibitions against sex discrimination contained in Chapter 4112 of the Revised Code.
{¶ 32} "(2) Where termination of employment of an employee who is temporarily disabled due to pregnancy or a related medical condition is caused by an employment policy under which insufficient or no maternity leave is available, such termination shall constitute unlawful sex discrimination.
{¶ 33} "(3) Written and unwritten employment policies involving commencement and duration of maternity leave shall be so construed as to provide for individual capacities and the medical status of the women involved.
{¶ 34} "(4) Employment policies involving accrual of seniority and all other benefits and privileges of employment, including company-sponsored sickness and accident insurance plans, shall be applied to disability due to pregnancy and childbirth on the same...
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