Edwards v. Ohio Institute of Cardiac Care

The plaintiff-appellant worked as a scheduler at the Ohio Institute of Cardiac Care when she began to receive emails from her supervisor—approximately six to ten per day—that made her uncomfortable. Her supervisor then began touching her at work, such as on the lower back or shoulder, and his emails became more frequent. After she complained about this conduct, she began to receive tardy forms, and she was soon after fired, allegedly for changing clothes at work before Fourth of July weekend. She filed suit in the Greene County Court of Common Pleas, claiming sexual harassment and retaliation. After a jury trial, the court ruled in the plaintiff’s favor on her harassment claim but for the defendant on the retaliation claim, but the appellate court reversed and remanded because the defendant was entitled to a jury instruction as to its affirmative defense. Notably, the court held as a matter of first impression that a settlement between a supervisory employee and another employee does not extinguish the employer’s liability for sexual harassment claims.