Labor & Employment Law Daily Wrap Up, DISCRIMINATION—N.D. Ohio: Clerk’s claims of belittlement, degradation failed to support constructive discharge, bias claims, (May 12, 2026)

By Kathleen Kapusta, J.D.

In her resignation letter, the employee stated that she could “no longer work in this hostile environment,” which was affecting her health.

Although a records clerk for a county sheriff’s office may have been subjected to shameful and inappropriate conduct by her coworkers and supervisors, including a sergeant’s loud comment that she could not do her job because of her “mental issues,” this was not enough to show she was forced to resign, a federal court in Ohio ruled, granting summary judgment against her constructive discharge claim. Nor, said the court, could she show that being talked down to or degraded, being refused training, being disciplined and suspended, or refusing to rescind her resignation were adverse employment actions, and thus, her various discrimination claims, as well as her hostile work environment claim, also failed on summary judgment (Wilson v. Sheldon, No. 1:25cv-00030-PAB (N.D. Ohio May 8, 2026)).

The employee had been working as a records clerk for almost 10 years when the department started using a new computer program to send criminal cases to the prosecutor’s office. Although she had difficulty adjusting to the new system, she refused the offer of additional training.

Written reprimand. A few months later, she was diagnosed with clinical depression and took FMLA leave. Upon her return to work several weeks later, she received a written reprimand for not providing a return-to-work release as required by department policy. She claimed that after she returned, her coworkers violated department policy when they left her alone in the department for two hours and alleged another coworker told her a captain said quite loudly that she could not do her job duties because of mental issues.

Resignation. That same captain, the employee alleged, also talked down to her and intimidated her. Her supervisor also purportedly talked down to her. Believing she was in a hostile work environment, the employee resigned less than two weeks after she returned from leave. Although she later tried to rescind her resignation, her request was declined by the sheriff.

Constructive discharge. In her subsequent lawsuit against the sheriff, the employee argued that there was a genuine fact issue as to whether her resignation amounted to constructive discharge. She claimed the sergeant belittled and embarrassed her and made statements referring to her not being able to do her job because she had mental issues. She also noted two other lawsuits filed by female coworkers and pointed out that the sheriff “did absolutely nothing” when she stated in her resignation letter that she could “no longer work in this hostile work environment.”

She did not, however, point to any evidence she received a demotion, a reduction in salary, a reduction in job responsibility, a reassignment to work under a younger supervisor, or an offer of early retirement or of less favorable employment terms. Nor was she able to point to any specific examples of how people talked down her. Indeed, she testified that there were times when the captain was friendly to her and that he did not talk down to her every day. She also testified that he never ignored her or turned his back on her and he addressed any concerns she raised with him.

In addition, he not only offered her additional training when she was struggling with the new computer program, he also tried to find a corrections officer position for her when she resigned. And while she also pointed to evidence the sheriff was aware of numerous complaints filed against the captain, the court found she failed to show her workplace conditions were “hellish, or at least close to it.” Though her coworkers and supervisors’ conduct may have been shameful and inappropriate, it was not sufficient to support a constructive discharge claim.

Discrimination. As to her ADA, FMLA, and age discrimination claims, the court found she failed to show she suffered an adverse employment action. Even assuming she was “talked down to” or “degraded,” that was not enough to maintain a discrimination claim. Nor do general allegations of insufficient training rise to the level of an adverse action, said the court, and anyway, she admitted in her deposition she was offered training.

The decision not to accept her request to rescind her resignation was also not an adverse action. Though receiving a written reprimand could be sufficient, the employee did not dispute that she violated department policy when she failed to provide a return-to-work release upon returning after FMLA leave or that the policy violation was a legitimate reason for her discipline. She also did not attempt to establish pretext. Accordingly, the court entered summary judgment against her discrimination claims.

Hostile work environment. In support of her hostile work environment claim, the employee argued that only women were subjected to the captain’s tirades and verbal assaults, his conduct was threatening and humiliating and was not sporadic, and the sheriff was aware of prior complaints of similar mistreatment and misconduct made against him and took no action to protect women. Granting summary judgment against this claim, the court found the record reflected a few isolated situations that were insufficient to rise to the level of hostile work environment.

The case is No. 1:25cv-00030-PAB.

Judge: Barker, P.

Attorneys: J.C. Ratliff (Law Offices of J.C. Ratliff) for Melissa A. Wilson. Benjamin D. Humphrey (Fishel Downey Albrecht & Riepenhoff) for J. Steven Sheldon.

Cases: Discrimination Discharge DisabilityDiscrimination AgeDiscrimination SexDiscrimination EmployeeLeave OhioNews