Is a Police Department Manager or Supervisor Liable for Discrimination Under Ohio's Discrimination Statute or Immune from Liability as a Public Employee?

City of Dayton Police Department and Major E. Mitchell Davis v. Anita Hauser, Case Nos. 2013-0291 and 2013-0493

Second District Court of Appeals (Montgomery County)

ISSUE: Is liability "expressly imposed" on managers or supervisors employed by political subdivisions by Ohio's discrimination law so that their immunity as political subdivision employees is removed?

Editor's Note: The Supreme Court determined that a conflict exists between two appellate districts on this issue and agreed to hear the case (2013-0091). The court also accepted an appeal from E. Mitchell Davis and the City of Dayton (2013-0493) and consolidated the two cases for oral argument.