Allen Vs. Isotoner Case Brief
Allen v. Totes/Isotoner Corporation.
123 Ohio St.3d 216, 2009-Ohio-4231
Facts of the Case: LaNisa Allen appealed the original judgment in favor of Totes/Isotoner Corporation on the issue of whether the Ohio Fair Employment Practices Act, as amended by the Pregnancy Discrimination Act, prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on the basis of pregnancy,” or whether she “was simply and plainly terminated as an employee at will for taking an unauthorized, extra break.” Allen’s original complaint was termination attributable to discrimination, based on pregnancy and related conditions, even though Isotoner claimed to have released her for failure to “follow directions.” Evidence admitted in Allen’s disposition of taking unauthorized breaks for a two week period, which constituted the failure to follow directions, confirmed the trial courts summary judgment. As the trial court granted judgment to Isotoner, the Twelfth District Court of Appeals followed suit, as Allen admitted to ignoring directions and failed to establish a prima facie case of sex discrimination on the basis of pregnancy and it’s after effects.
Issues: Although the lower courts concentrated upon the apparent facts of the case, especially “Whether Allen’s unauthorized breaks to pump her breast in order to avoid lactation constituted as sex discrimination”; a more superior issue arises from this case. Assuming a proper prima facie case was established, “Is purported discrimination due to lactation included within the range of Ohio’s employment-discrimination statute, R.C. 4112.02, as sex discrimination under R.C. 4112.01(B)?”
Decisions: Ruling of the initial appeal of judgment in favor of Totes/Isotoner Corporation for discrimination Allen was affirmed. Subsequently, the Supreme Court of Ohio did not touch the issue of whether
123 Ohio St.3d 216, 2009-Ohio-4231
Facts of the Case: LaNisa Allen appealed the original judgment in favor of Totes/Isotoner Corporation on the issue of whether the Ohio Fair Employment Practices Act, as amended by the Pregnancy Discrimination Act, prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on the basis of pregnancy,” or whether she “was simply and plainly terminated as an employee at will for taking an unauthorized, extra break.” Allen’s original complaint was termination attributable to discrimination, based on pregnancy and related conditions, even though Isotoner claimed to have released her for failure to “follow directions.” Evidence admitted in Allen’s disposition of taking unauthorized breaks for a two week period, which constituted the failure to follow directions, confirmed the trial courts summary judgment. As the trial court granted judgment to Isotoner, the Twelfth District Court of Appeals followed suit, as Allen admitted to ignoring directions and failed to establish a prima facie case of sex discrimination on the basis of pregnancy and it’s after effects.
Issues: Although the lower courts concentrated upon the apparent facts of the case, especially “Whether Allen’s unauthorized breaks to pump her breast in order to avoid lactation constituted as sex discrimination”; a more superior issue arises from this case. Assuming a proper prima facie case was established, “Is purported discrimination due to lactation included within the range of Ohio’s employment-discrimination statute, R.C. 4112.02, as sex discrimination under R.C. 4112.01(B)?”
Decisions: Ruling of the initial appeal of judgment in favor of Totes/Isotoner Corporation for discrimination Allen was affirmed. Subsequently, the Supreme Court of Ohio did not touch the issue of whether