Gessner v. Union

In Gessner v. Union, 159 Ohio App.3d 43, 2004 Ohio 5770, 823 N.E.2d 1, the Second District held that age-discrimination and wrongful-discharge claims arose out of the employment relationship, despite the defendant's claim that age discrimination is an intentional tort. In reaching its decision, the court noted, "the case law on this issue is sparse, but that is not surprising in view of such an obvious point." Id. at P 31. Gessner further observed that no other Ohio cases precluded applying R.C. 2744.09(B) when civil rights violations occur in the employment context. "In fact, suit appears to be routinely permitted against political subdivisions in such situations." Id. at P 47.