Ohio § 2745.01

§ 2745.01.

(A) In an action brought against an employer by an employee, or by the dependent survivors

of a deceased employee, for damages resulting from an intentional tort committed by

the employer during the course of employment, the employer shall not be liable unless

the plaintiff proves 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. (B) As used in this section, “ substantially certain ” means that an employer acts with deliberate intent to cause an employee to suffer

an injury, a disease, a condition, or death. (C) Deliberate removal by an employer of an equipment safety guard or deliberate misrepresentation

of a toxic or hazardous substance creates a rebuttable presumption that the removal

or misrepresentation was committed with intent to injure another if an injury or an

occupational disease or condition occurs as a direct result. (D) This section does not apply to claims arising during the course of employment involving

discrimination, civil rights, retaliation, harassment in violation of Chapter 4112.

of the Revised Code, intentional infliction of emotional distress not compensable

under Chapters 4121. and 4123. of the Revised Code, contract, promissory estoppel,

or defamation.