Plaintiff Kroh filed a suit against Continental General Tire, Inc., claiming that it discriminated against her based on her gender, in violation of R.C. 4112.02 and 4112.99. After trial, the jury found for Kroh, awarding her $ 708,000 in damages. The appellate court reversed, finding that Kroh did not demonstrate that she was treated differently from similarly situated male employees. Kroh was promoted to cash manager after working for approximately twenty years for General Tire. Kroh was the only cash manager so she couldn’t compare herself to anyone with exactly the same duties. However, Ohio Supreme Court found that the male managers to whom she compared herself reported to the same boss, had similar titles, were at a similar level on the company’s organizational chart and had the same salary classification.” The court concluded that Kroh was similarly situated to non-protected employees in all relevant respects and concluded that therefore, there was credible evidence based on which reasonable minds could reach different conclusions, and thus did not reverse a jury verdict.
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