Coryell v. Bank One Trust Co. N.A.

{¶ 28} For the past 20 years, this court has consistently required an employee who is alleging age discrimination in the workplace to demonstrate that he or she has been discharged and replaced by, or the discharge permitted the retention of, someone outside the “protected class,” i.e., someone under the age of forty. Barker v. Scovill, Inc. (1983), 6 Ohio St.3d 146, 6 OBR 202, 451 N.E.2d 807, paragraph one of the syllabus.

{¶ 29} The General Assembly amended the relevant statute throughout the years yet never substantively modified or overruled this interpretation. Because the General…