Should Plaintiff Curry been given an Opportunity for Reemployment

QUESTION PRESENTED 1. Should Plaintiff Curry been given and Opportunity for Reemployment as other similarly situated employees upon retirement excluding the fact that she filed discriminatory charges against the City under 42 U.S.C 2000 (e )2, 42 U.S.C 2000 (e) 3 and Ohio Revised Code 4112.02: sections 703 of : Title VI and Section 704 of Title VII Civil Rights Act of 1964 2. The Plant Managers job became vacant and Bob Coker and I both applied. They gave the job to Bob. Bob previously held the Operations Supervisor Job: which I was qualified for. The City chose to not fill the position so that I would not have an . opportunity to apply because they knew I was qualified. I have a Class III Wastewater License and a Class IT Lab Analyst ‘ Certification. In the History of the Plant for the last 33 years there has never , Been a vacancy in that position it was always filled. The City later trained the Environmental Compliance Supervisor (the . job I did for 30 years and the City denied me an opportunity for rehire) for a year and gave her the job without posting it. . Should Plaintiff Curry been given an opportunity for the Operations Supervisor Job and was it not filled : due to retaliation? a ORC 4112.02 it is unlawful discriminatory practice. , I. It shall be unlawful for any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice defined in this section or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or : hearing under section 41122.01 to 4112.07 of the Ohio Revised : Code and 42 U.S.C. 2000 (e ) 2 and 42 USC 2000 (e ) 3 42 U.S. Code § 2060e-3.Cther unlawful employment practices ° (a)DISCRIMINATION FOR MAKING CHARGES, TESTIFYING, ASSISTING, OR PARTICIPATING IN ENFORCEMENT PROCEEDINGS It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or . applicant for membership, because he has opposed any practice , "made an unlawful employment practice by this sub-chapter, or ; because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under : . this sub-chapter. ; The Ohio Supreme Court declined to accept Jurisdiction of the Appeal: :