In 2005, the Ohio General Assembly passed H.B. 498, the Employment Intentional Tort statute, which provided that an employer could not be liable for an intentional tort unless it was proved that the employer committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur; i.e., with the deliberate intent to cause an employee to suffer an injury, a disease, a condition, or death. The law became effective April 7, 2005.

Resources Available

Ohio Supreme Court to Decide Constitutionality of Key Sections of Ohio's Employment Intentional Tort Statute
October 2008
The Ohio Supreme Court will examine whether the Ohio Employment Intentionl Tort statute violates an employee's constitutional rights in the case of Stetter v. R.J. Corman Derailment Services Co.

Barry v. A.E. Steel Erectors, Inc.
Cuyahoga County Court of Appeals decision case finding the Ohio Employment Intentional Tort statute unconstitutional. Decided July 24, 2008. Appealed to the Ohio Supreme Court, pending jurisdiction decision by the Court.

Kaminski v. Metal & Wire Products Co.
Columbiana County Court of Appeals decision case finding sections of the Ohio Employment Intentional Tort statute unconstitutional. Decided March 18, 2008. Appealed to the Ohio Supreme Court, jursidiction accepted by the Court.

Full text of H.B. 498

Ohio Legislative Service Commission Analysis
Analysis of H.B. 498 as passed by the Ohio General Assembly