An Ohio appeals court has ruled that a nursing home administrator can be held to a higher standard of conduct, based on his position of authority, than a staff nurse who does not have a supervisory role. The court concluded that a nursing facility company did not violate state law or public policy when it demoted a facility administrator after it was discovered that the administrator and a non-supervisory female employee had developed a romantic relationship in violation of the company's no-fraternization policy.

In Koski v. Willowwood Care Center of Brunswick, the administrator claimed sex and marital discrimination after he was demoted for violating the facility's no-fraternization rule when he dated and subsequently married a staff nurse. Koski did not return to his position after being demoted. Koski claimed that if the organization had a no-fraternization policy, then it should be applied to all employees; however, the nurse involved was not disciplined. The Court of Common Pleas granted summary judgment for the employer on the marital status claim, and a directed verdict for the employer on the gender claim.

The Court of Appeals affirmed the judgment of the lower court. The court noted that under the McDonnell Douglas burden-shifting analysis, a plaintiff must establish discrimination by making a prima facie showing that the individual: (1) is a member of a protected class; (2) suffers an adverse employment action; (3) is qualified for the position; and (4) a comparable non-protected person receives better treatment. Both courts agreed that the administrator failed to show the nurse was a comparable non-protected employee who received better treatment.

The court cited several reasons why an employer might distinguish between a supervisor and a non-supervisor, and choose to punish the supervisor more harshly. Among them were the owner's concerns that the actions of the administrator "could expose the company to lawsuit" and "threaten the morale of those employees under his supervision." The position of authority held by the administrator "created a meaningful distinction" between himself and the nurse," and "explains Willowwood's differential treatment of the two" the court concluded.

Koski v. Willowwood Care Center of Brunswick Inc., No. 03CA00083-M, 2004 WL 1162081 (Ohio Ct. App. 9 Dist. May 26, 2004).