Bower v. Henry Cnty. Hosp. (Summary)

EMPLOYMENT DISCRIMINATION

Bower v. Henry Cnty. Hosp., No. 13-12-46 (Ohio Ct. App. July 1, 2013)

The Court of Appeals of Ohio affirmed summary judgment in favor of a hospital that was sued by a physician for gender discrimination under Ohio law.  The appeals court agreed with the lower court’s conclusion based on an examination of ten factors derived from case law that an employer-employee relationship did not exist between the hospital and physician. The court found that the hospital had very little control over the manner in which the doctor practiced medicine, and a physician corporation paid her salary, withheld her taxes, and provided her employment benefits, all of which supported a finding that the doctor was not the hospital’s employee.