Ohio court: Objectively speaking, fired worker was 'qualified'

When seeking to establish a prima facie, or minimally sufficient, case of discriminatory discharge, an employee must prove he (1) is a member of a statutorily protected class, (2) was discharged, (3) was qualified for his job, and (4) was replaced by, or his discharge permitted the employer to retain, a substantially younger employee. A recent case from the 10th Appellate District in Franklin County explores the idea of what makes an employee qualified for a given position under that standard of proof.

Facts

The MacIntosh Company owns and operates seven skilled nursing and assisted living facilities in the Columbus area. In February 2016, John Brehm, who was 60 years old at the time, was hired to work as the administrator at one of the facilities. His responsibilities included ensuring financial strength and operating efficiency along with growth, providing direct management and oversight of all departments at the facility, holding regular meetings with key management and project teams, and attending and participating in monthly financial meetings with MacIntosh's executive board.

It's undisputed that during Brehm's tenure as administrator of the facility, its net income drastically decreased, and it continuously exceeded its office supply budget. In February 2017, it was recommended that Brehm's employment be terminated. On the date of his termination, he was 61 years old. He was replaced by a 34-year-old.