Mowery Youell & Galeano, LTD is pleased to report a substantial favorable verdict by one of its attorneys on an age discrimination case previously reported in its September 10, 2012 blog. In Richard W. Warden v. Ohio Department of Natural Resources, ___- Ohio- ___, Court of Claims Case No. 2011-01232 (Apr. 4, 2012), the Ohio Court of Claims concluded that ODNR discriminated against Warden, a former retired employee, by rejecting him for re-hire under a policy that excluded the re-hire of all former retired employees. The Court found that the policy had a disparate impact upon former employees over 40 years of age who had retired and pursued re-hire into employment at ODNR. Since Ohio Revised Code 4112.14 protected individuals over 40 years of age from discrimination in hiring, the Court ruled that ODNR’s no-rehire prohibition violated the statute.
Following the Court’s liability verdict, the Court conducted a trial on August 1, 2012 to determine Warden’s damages and relief. The Court ordered that ODNR pay Warden a total of $507,656.75 in damages consisting of $157,411 in lost back pay, $426,003 in front pay, $17,358 to account for Warden’s tax liability on his back pay award, $2,186 for lost pension benefits, $8,564.75 in court costs, including Warden’s economic expert and $53,545 in attorney fees.
Warden was represented by Mowery Youell & Galeano, Ltd. attorney Merl H. Wayman throughout the entire case.