'But-for' causation still required in all retaliation cases under Ohio law

A recent decision from an Ohio appellate court highlights the importance of establishing "but-for" causation in retaliation claims.

Facts

Andre Smith, an African-American man, began working for Allstate as a coaching partner in 2014. His position required him to sit with new customer service employees, listen to their calls, and provide coaching and feedback. During the next two years, Smith applied for and was denied six promotions. All six of the promoted employees were Caucasian and/or female.

On November 25, 2016, Smith complained to Allstate management that he was a victim of race and sex discrimination. On the same day he made the discrimination complaint, Starr Robinson, a senior manager, learned he had made threatening comments to another employee. Robinson was unaware of Smith's discrimination complaint when she was told of his allegedly threatening comments.

The allegation of threatening comments was referred to Allstate's internal investigations team, and Smith was placed on paid leave pending the outcome. During the investigation, he admitted saying "I kill you" to two customer service representatives whom he coached, but he claimed he was "jokingly quoting a movie." Following a two-week investigation, he was terminated.