Hambuechen v. 221 Market North, Inc.
Annotate this CaseEmployee filed a charge with the Ohio Civil Rights Commission contending that her employment by Employer had been terminated because she became pregnant. The Commission found that Employer had participated in a discriminatory practice in violation of Ohio Rev. Code 4112. Employer filed a petition for judicial review pursuant to Ohio Rev. Code 4112.06. The common pleas court granted the Commission’s motion to dismiss, concluding that the petition for review was not timely served on the parties because Employer failed to properly initiate service by the clerk within thirty days of the date the Commission’s order was filed. The Court of Appeals reversed, holding that Employer had one year to obtain service of a petition to review an order of the Commission. The Supreme Court affirmed, holding (1) the Rules of Civil Procedure apply to proceedings initiated pursuant to section 4112.06; and (2) therefore, a petition to review an order of the Commission must be served by a clerk of courts on all parties who appeared before the Commission and on the Commission itself within one year of the date the petition was filed as required by Ohio R. Civ. P. 3(A).
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