Greer-Burger v. Temesi

In Greer-Burger v. Temesi, 116 Ohio St.3d 324, 2007 Ohio 6442, at P 13, 879 N.E.2d 174, the Ohio Supreme Court briefly discussed the impact of the United States Supreme Court decision in Burlington N. & Santa Fe Ry. Co. v. White (2006), 548 U.S. 53, 126 S.Ct. 2405, 2412-2415, 165 L. Ed. 2d 345, on anti-retaliation claims brought under R.C. 4112.02(I). In doing so the court acknowledged an important modification to elements of a prima facie case for proving retaliatory discrimination set forth above by stating in pertinent part: "the adverse action need not be employment-related, so the filing of a lawsuit or a counterclaim can constitute an adverse employment action in circumstances such as those in this case." Greer-Burger at P 13, fn. 2.