CONSTITUTIONALITY IN QUESTION
Ohio's new employment intentional tort statute (R.C. 2745.01) is under attack and losing in the Ohio Courts of Appeal. Most recently in Barry v A.E. Steel Erectors, Inc. and previously in Kaminski v. Metal & Wire Products,(March 18, 2008), Columbiana County App. No. 07-CO-15. Both of these Ohio Courts of Appeal decisions have found the new employment intentional tort unconstitutional.
The rationale employed by the Appellate Courts is that due to the excessive standard of requiring proof that the employer intended to cause injury, "it is clearly not 'a law that furthers the "*** comfort, health, safety and general welfare of all employee[e]s."' Johnson, 85 Ohio St. 3d at 308, quoting Brady, 61 Ohio St.3d at 633, quoting Section 34, Article II of the Ohio Constitution.
Additionally, "because R.C. 2745.01 is an attempt by the General Assembly to govern intentional torts that occur within the employment relationship, R.C. 2745.01 'cannot logically withstand constitutional scrutiny, inasmuch as it attempts to regulate an area that is beyond the reach of constitutional empowerment.'" Id., quoting Brady, 61 Ohio St.3d at 634.
Our postings have been anticipating this struggle since the enactment of the new statute.
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