News & Events

FEDERAL JURY AWARDS $1.88M AGAINST CITY OF BEDFORD HEIGHTS

Cleveland, Ohio – In Cleveland, Ohio, a federal jury unanimously awarded a $1.88 million verdict against the City of Bedford Heights for discriminating and retaliating against Charlene Thirion. Mrs. Thirion was a nine-year employee of Bedford Heights who had received excellent work performance reviews. After Fletcher Berger was elected Mayor, city employees targeted and harassed Thirion because she suffered from anxiety and depression. The City became intent on replacing her with an African-American weight room attendant, hired just days earlier by Mayor Berger. Thirion was fired shortly after complaining about race and disability discrimination and requesting an accommodation for her disability.

“Anti-discrimination laws protect everyone, of every race, and every ability,” said Chris Thorman of the Thorman & Hardin-Levine Law Firm. Thorman, a civil rights attorney, and the Thorman & Hardin-Levine law firm served as Election Day Counsel for President Obama’s campaign. “This verdict is a message that everyone must be treated equally, and that our laws are for all of us, and that no city should ever do to any employee what Bedford Heights did to Char Thirion,” Thorman said.

The jury found that the City of Bedford Heights violated Ohio laws against race and disability discrimination and retaliation as well as the Family and Medical Leave Act when it terminated Charlene Thirion of Twinsburg in September 2008. The jury returned a verdict of more than $1.8 million, with additional damages, interest, attorneys fees and costs to be assessed by the Court at a later date. These damages could exceed $2 million.

The evidence at trial showed that after Mr. Berger was elected, Ms. Thirion was targeted by her supervisor, the Mayor and lawyers for the city. At a time of budget constraints, the City of Bedford Heights hired 38 new workers in the Community Life Department, of which 35 were African-American. All three full-time employees were African-American. Ms. Thirion was required to train her replacement before she learned that she would be terminated.

After months of relentless scrutiny and discipline, Ms. Thirion complained about her mistreatment. Ms. Thirion’s supervisor, a professional social worker, recommended that she be disciplined for her complaint, characterizing Thirion’s concerns as insubordination, and referred the matter to the City’s attorneys in a series of memos. Ms. Thirion was initially approved for a medical leave. Before the end of her leave, the City changed its mind, terminated her and refused to reinstate her to her former position. Thirion’s termination notice was delivered to her by Bedford police while Thirion was on medical leave. At trial, Bedford Heights claimed that it was less expensive to have uniformed police officers hand-deliver her termination letter, than to send it via the U.S. mail.

When the jury returned its verdict, Mrs. Thirion cried.

“Char Thirion was a great public servant. She came to work early to open that community center every day. She was hardworking, pleasant and kind to everyone despite the City’s treatment of her. She did not deserve the treatment she received from the City of Bedford Heights” said Thorman. The Thorman & Hardin-Levine law firm practices civil rights law and has won settlements or verdicts of over $40 million in the last year.

Mrs. Thirion worked at the Jimmy DiMora Recreation Center. During the course of the trial, the City of Bedford Heights represented that “Jimmy DiMora is a great man.”

Thirion was represented by Christopher Thorman and Stacy Chubak Hinners of Thorman & Hardin-Levine Co., LPA, of Cleveland, Ohio.

Mr. Thorman can be contacted at 216-621-9767.

Thorman & Hardin-Levine Co. L.P.A. was proud to help sponsor – and star in - the Cleveland Play House’s recent production of Inherit the Wind, a fact-inspired play by Jerome Lawrence & Robert Edwin Lee, based on the people and events of the 1925 "Scopes Monkey Trial” in Dayton, Tennessee. The classroom teaching of evolution had been banned, and on trial was a teacher who intentionally violated that law. The resulting trial, Tennessee v. John Thomas Scopes, captured the nation's attention as a media circus swept through Dayton. The Play House's first revival since staging Inherit the Wind more than 50 years ago, Ed Dixon played the role of attorney Matthew Harrison Brady (based on William Jennings Bryan) and Scott Jaeck played attorney Henry Drummond (based on Clarence Darrow). "The two master attorneys square off in the courtroom while the teacher's fate hangs in the balance," according to Play House notes. Staff of Thorman & Hardin-Levine were invited to participate as members of the jury in the November 10, 2009 production. Those able to attend are pictured here, beneath a banner used as a prop in the performance.

Of Counsel

Thorman & Hardin-Levine Co., proudly announces that Mark Griffin has been honored as the Ohio Democrat of the Year 2009 by the Ohio Democratic Party.  Mr. Griffin was the State Deputy Director and helped organize more than 5,000 attorneys and law students to serve as Election Observers at the polls.  This effort is believed to have been the largest election protection effort in any state in American history.  Democrat of the Year is the highest honor awarded annually by the Ohio Democratic Party.    Although those of us who have worked with Mark are not surprised by this honor, we are thrilled that his outstanding efforts and abilities are being recognized throughout the State.

THL served as litigation counsel in Ohio for the Obama campaign.  Pictured above are Chris Thorman, Peter Hardin-Levine, and Dan Petrov in the campaign's "war room" on election day.

May 2009 Employment Newsletter

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Legal scholars Erwin Chemerinsky and Jonathan Massey appear with THL staff, Dan Petrov, Sara Dwyer, Peter-Hardin-Levine, and Chris Thorman.  This team stood before the Sixth Circuit Court of Appeals, representing client Tommy Morgan.  Morgan won a $16 million verdict against his former employer in the landmark age discrimination case, Morgan v New York Life Insurance Company.