Rinker v. Ohio State Racing Comm'n
| Decision Date | 18 March 2022 |
| Docket Number | 2019-00525JD |
| Citation | 2022 Ohio 1595 |
| Parties | KIMBERLY RINKER, et al. Plaintiffs v. OHIO STATE RACING COMMISSION Defendant |
| Court | Ohio Court of Claims |
Sent to S.C. Reporter 5/12/22
JUDGMENT ENTRY
{¶1} On June 24, 2021, plaintiffs filed objections to the magistrate's June 9, 2021 decision recommending judgment in favor of Defendant, Ohio State Racing Commission (OSRC). For the reasons set forth below, the Court adopts the magistrate's decision as its own.
{¶2} Civ.R. 53(D)(3)(b)(i) provides, "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i)." "Whether or not objections are timely filed, a court may adopt or reject a magistrate's decision in whole or in part, with or without modification." Civ.R. 53(D)(4)(b). The court "shall undertake an independent review as to the objected matters to ascertain that the magistrate has properly determined the factual issues, and appropriately applied the law." Civ.R. 53(D)(4)(d). In reviewing the objections, the court does not act as an appellate court but rather conducts "a de novo review of the facts and conclusions in the magistrate's decision." (Citations omitted.) Ramsey v. Ramsey, 10th Dist No. 13AP-840, 2014-Ohio-1921, ¶ 17. Objections "shall be specific and state with particularity all grounds for objection." Civ.R. 53(D)(3)(b)(ii). An objection to a factual finding must be supported "by a transcript of all the evidence submitted to the magistrate relevant to that finding or an affidavit of that evidence if the transcript is not available." Civ.R 53(D)(3)(b)(iii).
{¶3} Defendant has employed plaintiff Kimberly Rinker as the administrator of the Ohio Standardbred Development Fund since 2015 and plaintiff Sherry White as a fiscal officer since 2009. Defendant has employed William Crawford as its executive director since 2011 and Michael Rzymek as deputy director and legal counsel since 2018.
{¶4} Rinker filed a complaint with the Ohio Department of Administrative Services Office of Equal Opportunity (OEO) in December 2017. Rinker alleged that Crawford had discriminated against her based on gender. OEO investigated this complaint. White was interviewed during this investigation and stated that she believed Rinker's allegations. During a separate June 2019 investigation, OEO interviewed both White and Rinker. The investigation focused in part on both women's allegations of gender-based discrimination and retaliation.
{¶5} At trial, plaintiffs testified that Crawford and Rzymek took a variety of adverse actions towards them after they participated in OEO's investigations. In her role as administrator of the Ohio Sire Stakes Program, Rinker must visit farms to inspect stallions. In 2018, Rzymek instituted a new policy that required Rinker to use a state vehicle to visit farms, which she had to request 10 days prior. Plaintiff had previously been allowed to visit farms using her personal car. Rzymek testified that he made this change to comply with Department of Administrative Services (DAS) policy.
{¶6} In 2019, Defendant also instituted a new policy that required Rinker to store prizes for race winners in the workplace, rather than at her home, as she had previously been permitted to do. Rinker claimed that Rzymek justified this on the basis that it was illegal to store state property at her home. Rinker further testified that she contacted DAS regarding this policy. DAS told Rinker that storing state property at her home was not illegal, but that it preferred for state property to be stored in a state facility.
{¶7} Further, Rinker testified that defendant instructed her to make fewer farm visits and prohibited her from accruing compensatory time for working more than 80 hours in a two-week pay period. Crawford denied that defendant banned Rinker from accruing compensatory time. Crawford testified that Rinker merely needed to get approval for compensatory time in advance. According to Rzymek, this policy applied to all employees, not just Rinker. Further, according to Rzymek, the purpose of the policy was to allow defendant to reassign work from any employee routinely working more than 80 hours per pay period to another employee.
{¶8} Rinker also testified that Crawford pulled his car behind her car in a parking facility they both use and, to intimidate her, shined his high beams through her windows. Crawford testified that he did not remember this, admitted to using that parking garage, and suggested that he would have had his lights on because it was dark.
{¶9} Finally, Rinker testified that an IT person at OSRC told her Crawford attempted to access her work computer while she was on vacation.
{¶10} White testified at trial that defendant undertook a variety of retaliatory action towards her as well. White testified that Crawford refused to speak to her except by email and did so only when necessary. Crawford denied this, stating that he must communicate with White to perform his job. White also alleged that Crawford glared at her, slammed doors in her presence, and snatched items away from her. Crawford disputed this and admitted only that he has raised his voice to all the employees he oversees at some point.
{¶11} Crawford and Rzymek decided not to purchase a new copy machine to replace an old one, despite telling White that they would. Crawford testified that he did this because a replacement machine would occupy a lot of office space, which defendant had already reduced in recent years.
{¶12} Further, Defendant assigned personnel evaluations from White to Rzymek and instructed White to give Rzymek the keys to the personnel file cabinet. Crawford testified that he did this because he felt White was overworked. Defendant also transferred oversight of state ethics regulations from White to Rzymek. Rzymek testified that this change was made to comply with an order from the governor that chief legal counsel ensure compliance with ethics training.
{¶13} Finally, defendant reprimanded White for failing to take a lunch break, which is required for employees that work over 4.5 hours. Defendant also reprimanded White for failing to submit timely payment information for the Combined Simulcast Purse Fund to OAKS, the state payroll processing system.
{¶14} Plaintiffs argue the magistrate erred when she concluded plaintiff had not established that Crawford and Rzymek's conduct "would have dissuaded a reasonable worker from making or supporting a charge of discrimination." Plaintiffs also object to the magistrate's conclusion that plaintiffs did not establish the reasons defendant proffered for adverse employment actions were pretextual. The Court disagrees.
{¶15} Rinker did not establish defendant retaliated against her. Defendant's instructions that Rinker use a state car to make farm visits and keep prizes in a state-run office are not sufficient to dissuade an employee from charging her employer with discrimination. The impact of these changes is to require Rinker to commute to her workplace to retrieve a car or prize before traveling to a farm. Commuting to the workplace is a minor inconvenience that many employees experience often. Further, Crawford and Rzymek provided a legitimate purpose...
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