An Ohio appellate court recently held that a private company that fired an employee for allegedly posting a racist meme was not liable for a public policy violation. The court found that the public policy in question – the free speech guarantee under the Ohio Constitution – applies only to state actors.
Rita Hall worked for the Kosei St. Marys Corporation as a line supervisor. In June of 2020 she shared an image on Facebook that consisted of two juxtaposed pictures. In the top picture, a number of monkeys are located on and around a car. In the bottom picture, a number of African Americans are located on and around a car. At least three of Hall’s subordinates or coworkers raised complaints about this post with the associate relations department at KSM. Hall was subsequently terminated on June 24, 2020.
Hall filed a lawsuit against KSM. Among other claims, Hall contended her firing violated Ohio public policy. Ohio recognizes an exception to the at-will employment doctrine for a wrongful discharge in violation of public policy as articulated in a specific statute.
Hall alleged that the free speech protections in the Ohio Constitution presented a clear public policy that satisfied the clarity element of this claim and quoted the following portion of the Ohio Constitution: “[e]very citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech *...
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