ANA M. HAMBUECHEN Complainant - Appellee
221 MARKET NORTH, INC., DBA NAPOLI'S ITALIAN EATERY Respondent- Appellant
from the Stark County Court of Common Pleas, Case No.
Complainant-Appellee Ohio Civil Rights Commission WAYNE D.
WILLIAMS Principal Assistant Attorney General
Complainant-Appellee TODD W. EVANS
Respondent-Appellant STANLEY R. RUBIN
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, J.
Respondent-appellant 221 Market Avenue North, Inc. appeals
from the October 31, 2016 Judgment Entry and Order from the
Stark County Court of Common Pleas.
OF THE FACTS AND CASE
On March 15, 2007, appellee Ana Hambuechen
("Hambuechen") filed a charge affidavit with
appellee Ohio Civil Rights Commission
("Commission") alleging that her employment as a
server by appellant, 221 Market North, Inc., d.b.a.
Napoli's Italian Eatery ("Napoli's"), had
been unlawfully terminated because she became pregnant. The
Commission investigated the complaint and, on July 19, 2007,
found probable cause existed that an unlawful employment
practice had occurred in violation of R.C. 4112.02(A).
On September 13, 2007, the Commission filed a complaint and
notice of hearing, requesting a finding that appellant had
violated R.C. 4112.02(A). Appellant filed an answer on
October 31, 2007. The matter proceeded to a trial before an
administrative law judge ("ALJ") on November 19,
The ALJ found that the employer had discriminated against
Hambuechen on the basis of sex and recommended that the
Commission find that appellant had violated the law by firing
Hambuechen. The ALJ further recommended the following: the
Commission order appellant to cease and desist from all
discriminatory practices in violation of R.C. 4112; the
Commission order appellant to make an offer of employment to
Hambuechen for the position of server; and the Commission
order appellant to pay Hambuechen back pay at the amount she
would have earned had she been employed as a server as of
December 6, 2006 and until the offer of employment, less
Appellant filed objections to the ALJ's report and
recommendations on April 9, 2012. The Commission adopted the
ALJ's recommendation and, on November 15, 2012, issued a
final order adopting the ALJ's report.
On November 26, 2012, appellant filed a Petition for Judicial
Review pursuant to R.C. 4112.06 with the Stark County Court
of Common Pleas, arguing that the Commission's order was
contrary to law, constituted an abuse of discretion, and was
not supported by reliable and probative evidence. The
Commission filed a Motion to Dismiss on December 28, 2012,
contending that appellant had failed to initiate service on
the parties through the Clerk of Courts within thirty (30)
days. The trial court granted the Commission's Motion to
Dismiss on February 19, 2013.
Appellant then appealed the trial court's February 2013
Judgment Entry to this Court. In Hambuechen v. 221 Market
North, Inc., 5th Dist. Stark No. 2013CA00044,
2013-Ohio-3717, this Court reversed the decision of the trial
court and found that the trial court had erred in dismissing
appellant's Petition for Judicial Review on the basis
that service of the petition was not obtained through the
Clerk of Courts within thirty (30) days. The Ohio Supreme
Court affirmed the judgment in Hambuechen v. 221 ...