Johnson v. Ohio Department of Public Safety, No. 18-4181 (6th Cir. 2019)Annotate this Case
The Ohio Department of Public Safety fired Trooper Johnson after he sexually harassed women while on duty. When the Department learned of the first incident, it let him sign a “Last Chance Agreement,” which said the Department would not fire him if he followed the rules for two years. When the Department learned of another incident, it fired Morris Johnson for violating the Last Chance Agreement. The district court and Sixth Circuit found that the Department did not racially discriminate against Johnson in doing so. Johnson did not show that he was “similarly situated” in all of the relevant respects to an employee of a different race who was treated better. While Johnson and a white trooper both acted inappropriately, their situations were different. The white trooper’s first incident was unverified while the Department verified all of Johnson’s incidents. Johnson propositioned a woman to go out with him; the white trooper did not. Johnson pulled a woman over without probable cause to ask her out; the white trooper did not. Johnson went to a woman’s home; the white trooper did not. The two troopers had different direct supervisors and were subject to different standards because Johnson signed a Last Chance Agreement.