R.C. 4112.01(A)(2) Interpretation
In Genaro v. Cent. Transport, Inc., 84 Ohio St.3d 293, 1999 Ohio 353, 703 N.E.2d 782, the Supreme Court of Ohio held that "R.C. 4112.01(A)(2)'s definition of 'employer' encompasses individual supervisors and managers whose conduct violates the provisions of R.C. Chapter 4112." Genaro, 84 Ohio St.3d at 296. Thus, the supreme court held:
"For purposes of R.C. Chapter 4112, a supervisor/manager may be held jointly and/or severally liable with her/his employer for discriminatory conduct of the supervisor/manager in violation of R.C. Chapter 4112." Id. at syllabus.
In this regard, R.C. Chapter 4112 differs from Title VII.
It is well-established that individuals, including supervisors, do not fall within the definition of an "employer" under Title VII and, therefore, supervisors may not be held individually liable for their discriminatory conduct. E.g., Wathen v. General Elec. Co. (C.A.6, 1997), 115 F.3d 400; Mandell v. County of Suffolk (C.A.2, 2003) 316 F.3d 368; Williams v. Banning (C.A.7, 1995), 72 F.3d 552.