French And Kennedy Rule Against Ohio Workers Again

In 4-3 Decision, Ohio Supreme Court Overturns Lower Court Ruling That Employer Violated Workers’ Privacy

COLUMBUSAfter failing to protect a worker from retaliation with a decision earlier this year, Ohio Supreme Court Justices Sharon Kennedy and Judi French issued another anti-worker decision today, overturning a lower court ruling that Ohio workers could sue their employer for invasion of privacy for conducting mandatory drug testing with the “direct observation method.

“In one decision after another, Ohio Supreme Court Justices Sharon Kennedy and Judi French have failed to protect workers and victims, even children who have suffered from sexual abuse,” said Ohio Democratic Party Communications Director Kirstin Alvanitakis. “Today’s ruling is one more anti-worker decision by Kennedy and French. We need new justices on the court who will protect victims and stand up for Ohio workers. That’s why we need to elect Judge Jennifer Brunner and Judge John P. O’Donnell this November.”

In her dissent, Justice Melody Stewart wrote:

“What indignities must an at-will employee suffer to avoid losing his or her income and benefits before the employee has a cause of action for invasion of privacy? Make no mistake, the majority’s decision today will disproportionately affect workers who have no meaningful choice and no recourse of their employers’ intentional torts.”

Chief Justice Maureen O’Connor and Justice Michael P. Donnelly also joined the dissent.