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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
BRIEF IN OPPOSITION
July 14, 2023 20:23
By: KATHRYN A. VADAS 0071510
Confirmation Nbr. 2910063
APRIL WHALEY CV 21946416
vs.
Judge: KEVIN J. KELLEY
INTERDESIGN, INC., ET AL.
Pages Filed: 92
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IN THE COURT Of COMMON PLEAS
CUYAHOGA COUNTY, OHIO
APRIL BOYCE, CASE NO. CV-21-946416
Plaintiff, JUDGE KEVIN J. KELLEY
vs.
INTERDESIGN, INC., ET AL.
Defendants.
APRIL BOYCE'S BRIEF IN OPPOSITION TO DEFENDANTS'
MOTION FOR SUMMARY JUDGMENT
I. STATEMENT OF FACTS
Chief Executive Officer Christopher Quinn ("CEO Chris Quinn") sought out and hired
Plaintiff April Whaley Boyce (hereinafter "April," "Boyce," or "April Boyce") to spearhead the
creation of Defendant InterDesign, Inc.'s (hereinafter "InterDesign") marketing department in late
2017. (Boyce Aff., Ex. A.) lmerDesign employed April Boyce as Vice President of Marketing
commencing February 26, 2018. (Boyce Ail, Ex. A; Quinn Tr.) As Vice President of Marketing,
Boyce was an Executive Leadership "learn member. (Boyce ALT., Ex. A., Quinn Tr.) All Executive
Leadership "Feam Members reported to CEO Chris Quinn. (Id.) April Boyce loved the professional
challenges she experienced working for InterDesign, including building the iDesign brand from
the ground up. Boyce excelled early in her interDesign tenure, as demonstrated by her 2018
Performance Review.
Shortly after commencing her employment with InterDesign, Defendant James Gallagher
and Defendant Robert Mountain started to harass and abuse April Boyce. They would gang up on
her in meetings, speak to her in condescending, demeaning, aggressive tones, and refer to her by
names like "little girl." Following InterDesign's Employee Handbook, April Boyce repeatedly
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complained about Defendants Gallagher and Mountain's behavior of her CEO Quinn requesting
help. CEO Quinn failed to take any action to investigate or validate Royce's complaints. Even
when CEO Quinn's administrative assistant sent him an email documenting the exact behavior that
Boyce had been complaining about for the last year, Quinn still did nothing.
Defendants Gallagher and Mountain's behavior in light of Quinn's refusal to take any action
ultimately empowered Defendant Gal lagher's direct reports to join in the Harassment, belittling,
and inappropriate treatment of April Boyce. Defendant Gallagher's direct reports participated in a
collaborated smear campaign, i.e., submitting false information to sway the results of an
InterDesign survey regarding Gallagher and Boyce management styles, against April Boyce.
(Mountain 1 1.12.2019 recording.) Instead of acting as CEO and investigating/handling the
pervasive Harassment of April Boyce, Chris Quinn wiped his hands of the matter, punishing
Boyce, by causing her to be the ONLY Executive Leadership Team Member not to report to him.
(Boyce all. Ex. A.) Instead, he forced Boyce to report to one of the people harassing, belittling,
discriminating, and creating the hostile work environment that had become her hellish existence
at 1nterDesign, Defendant Mountain. (Id.)
Now her supervisor, Mountain, immediately increased the inappropriate treatment.
Defendant Mountain called a meeting with Boyce to threaten her position at InterDesign.
(Mountain 1 1.12.2019 recording.) After complaining that she stood him up for a drink and walked
by him without saying hi during a recent business trip, Mountain informed Boyce that she should
resign from InterDesign and settle up with 11.R. (human resources), as she probably did not have
a future with InterDesign. (kl.) Mountain advised Boyce to tell Quinn that she was leaving for
another position. (Id.) A month or so later, Boyce had not complied with Mountain's instructions
to leave lnterDesign or inform CEO Chris Quinn of her intent to leave. (Boyce aff., Ex. A.) Thus,
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Mountain's 2019 Performance Review of Boyce dropped her score from 3.96 out of 5.0 in 2018 to
3.30 out of 5.0 in 2019 in most cases without commenting on the reasons for the reduced scores,
leading Boyce to believe that if Mountain could not force her to quit, he would use everything tool
at his disposal to get her terminated from or push her out of InterDesign. (Exs. A, [3 SE, C, Boyce
AIL 2018 Performance Review, and C 2019 Performance Review, respectively.) Despite an
overwhelming desire to continue at InterDesign, April Boyce had exhausted her options and felt
forced to start looking for other employment. (Boyce all, Ex. A.)
Ultimately, Boyce verbally accepted a position with another company in early February
2021. (Id.) However, despite the insinuations in Defendants' MSJ, Boyce was not legally required
to take that position, nor did her InterDes4m job require her to reside in Ohio. (Quinn 2. 1 2.2021
recording.) On February 12, 2021, Boyce again explained to CEO Chris Quinn that InterDesign
fostered a hostile, discriminatory work environment for her, which Gallagher and Mountain
created. (Id.) Boyce advised Quinn that she wanted more than anything to remain at InterDesign,
but the environment was intolerable for her. (Id.) Acknowledging Boyce's prior complaints of
Gallagher and Mountain and the work environment created by same, CEO Chris Quinn asked
Boyce to stay. (Id.) CEO Quinn offered to promote Boyce to Senior Vice President and increase
her salary to $190,000 annually, which remained significantly lower than every male Executive
Leadership Team Member. (Id.) Knowing what a difficult decision continuing in the toxic
environment of InterDesign versus her desire to continue to build the iDesign brand, Quinn asked
Boyce to consider his proposal and let him know on Monday. (Id.) Quinn enticed Boyce with
Future ownership options in InterDesign. (Id.) Boyce agreed not to resign and instead consider
Quinn's promotion offer over the weekend. (Id.) On Saturday, Quinn el-nailed Boyce to terminate
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her employment. (hi.) Defendants refer to this as Boyce's resignation. (Defendants' IVISJ, pp I, 8
— 9, & 15.) Boyce refers to this as her termination. (Boyce Aff., Ex. A.)
IL LAW AND ANALYSIS
A. Standard of Review
Summary judgment is appropriate under Civ.R. 56 when: (I ) no genuine issue as to any
material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of
law; and (3) viewing the evidence most strongly in favor of the nonmoving party, reasonable minds
can come to but one conclusion and that conclusion is adverse to the nonmoving party. Temple v,
Wean United, Inc., 50 Ohio St.2d 317, 327, 364 N.E.2d 267 (1977), citing Civ.R. 56(C). A court
must view the facts in the light most favorable to the non-moving party and must resolve any doubt
in favor of the non-moving party, Murphy v, Reynohisburg, 65 Ohio St.3d 356, 358-359, 1992-
Ohio 95, 604 N.E.2d 138 (1992). A trial court does not have the liberty to choose among
reasonable inferences in the context of summary judgment, and all competing inferences and
questions of credibility must be resolved in the nonmoving party's favor. Perez v. Scripps-Howard
Broadcasting Co., 35 Ohio St.3d 215, 218, 520 N.E.2d 198 (1988).
The party moving for summary judgment under this rule hears the initial burden of
informing the trial court of the basis for the motion and of identifying the portions of the record
establishing the absence of a genuine issue of fact on a material element of the non-moving party's
claim. Dresher v. Burl (1996), 75 Ohio St. 3d 280, 292-293. Once the moving party satisfies this
initial burden, the non-moving party has a reciprocal burden to respond by Affidavit, or as
otherwise provided in Civ. R. 56, and must set forth specific facts showing that there is a genuine
issue for trial. Civ. R. 56(E). If the nonmoving party fails to so respond, summary judgment, if
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appropriate, shall be entered against him. Civ. R. 56(E).
Summary judgment is "a drastic device since its prophylactic function, when exercised,
cuts off a party's right to present his case to the jury." Dupler v. Mansfield Journal Co., 64 Ohio
St. 2d 1 16 (1980) citing Heyman v. Commerce and Industry Ins. Co., 524 F.2d I 31 7, 1320. Thus,
Summary judgment must be awarded cautiously with any doubts resolved in favor of the non-
moving party. Murphy v. Reynoldsburg (1992), 65 Ohio St.3d 356, 358-359.
For all the reasons stated below, summary judgment is inappropriate in this matter. Plaintiff
April Boyce can establish facts demonstrating material and genuine issues of fact for the jury on
each element of her claims. As such, this Honorable Court should deny Defendants' Motion for
Summary Judgment ("Defendants' MSJ") in its entirety and allow the Plaintiff her day in court.
B. Defendants Discriminated Against April Boyce.
It is an unlawful discriminatory practice for any employer to "discharge without just cause,
to refuse to hire, or otherwise discriminate against [a] person with respect to hire, tenure, terms,
conditions, or privileges of employment, or any matter directly or indirectly related to
employment[,]" on the basis of sex. R.C. 41 12.02(A). "[F]ederal case law interpreting Title VII of
the Civil Rights Act of 1964 is generally applicable to cases involving alleged violations of R.C.
4112." Stipkala v. Bank One, NA., 9th Dist. Summit No. 21986, 2005-01tio-16, ill 10. A plaintiff
may demonstrate the existence of discriminatory practices with direct or indirect evidence. Id. at
I] I I.
"Ohio courts analyze discrimination claims which are based on indirect evidence under the
framework provided by McDonnell Douglas Corp. v. Green, 41 1 U.S. 792, 93 S. Ct. 1817, 36 L.
Ed. 2d 668 (1973)." Id. at '1] 14. Under that framework, Thlo establish a prima facie case of
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discrimination, a plaintiff must show: (1) membership in a protected class; (2) qualification for the
position; (3) an adverse employment action; and (4) replacement by a non-protected
person." Atkinson v. Akron Rd. of Mn., 9th Dist. Summit No. 22805, 2006-Ohio-1032, ¶ 28. A
plaintiff may also satisfy the fourth prong by presenting evidence that she was treated differently
than similarly situated non-protected employees..lones v. MTD Consumer Group, Inc., 9th Dist.
Medina No. 13CA0093-M, 2015-Ohio-1878,1127, 32 N.E.3d 1030.
In this case, it is clear: (1) Ms. Boyce is a member of a protected class; (2) she is qualified
for her position; (3) her employment was adversely affected when she was forced to report to
Robert Mountain and ultimately terminated; and (4) she was replaced by a younger male employee,
who assumed all her responsibilities. Thus, Plaintiff April Boyce clearly substantiates the elements
of a prima -facie case of discrimination.
C. Defendants' Allegation that April Boyce Lacked Leadership Skills is mere Pretext for
Gender Discrimination.
When an employee establishes a prima facie case of gender discrimination, the burden
shifts to the employer to set forth a legitimate, nondiscriminatory reason for the discharge. Fox v.
Lorain Cry., 9th Dist. Lorain No. 07CA009134, 2007-Ohio-6143, ¶ 10. The employer's burden is
simply one of production. Manofsky v. Goodyear Tire & Rubber Co., 69 Ohio App.3d 663, 667,
591 N.E.2d 752 (9th Dist.1990). If the employer satisfies its burden of production, the employee
then must present evidence that the employer's proffered nondiscriminatory reason was a
mere pretext for unlawful discrimination, Fox at '11 10. "'To establish such pretext, a plaintiff must
show either (1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did
not actually motivate [her] discharge, or (3) that they were insufficient to motivate
discharge:" .Jones v. MTD Consumer• Group, Inc., 9th Dist. Medina No. 13CA0093-M, 2015-
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Ohio-1878, ¶ 27, 32 N.E.3d 1030, quoting Russell v. Univ. of Toledo, 537 F.3d 596, 604 (6th
Cir.2008). "The ultimate burden of persuasion to demonstrate discrimination remains with the
[employee]." Dunn v. GOIO Industries, 9th Dist. Summit No, 28392, 2017-Ohio-7230, ¶ 41, 96
N.E.3d 870.
To overcome summary judgment on the issue of pretext, the employee cannot simply deny
the facts underlying the employer's decision, but instead must put forth "evidence creating a
material dispute as to the employer's honest belief in its proffered legitimate, nondiscriminatory
reason." Wigglesworth v Mettler.. Toledo Inferno11., Inc., 10th Dist. Franklin No. 09AP-411, 2010-
Ohio-1019, ¶ 19. See Dunn at '1[ 17. To exhibit an honest belief, "'the employer must establish its
reasonable reliance on particularized facts that were before it at the time it made the adverse
employment decision.'" Dunn at ¶ 18, quoting Dept. of Pub. Solely at ¶ 79, citing Smith v. Chrysler
Corp., 155 F.3d 799, 807 (6th Cir.I 998). "'Mere conjecture that [thel employer's explanation is
a pretext for intentional discrimination is an insufficient basis for denial of summary
judgment.'" Dunnigun v. City of Lorain, 9th Dist. Lorain No. 02CA0080 10, 2002-Ohio-5548, ¶ 14,
quoting Carney v. Cleveland His.-Univ. His, City School Dist., 143 Ohio App.3d 415, 429, 758
N.E.2d 234 (8th Dist.2001).
In this case, InterDesignis documents create a material dispute regarding the employer's
honest belief in its proferred legitimate, nondiscriminatory reason. lnterDesign alleges that Ms.
Boyce was reassigned to report to Robert Mountain and terminated because she lacked leadership
skills. However, as explained below, Intel-Design's alleged legitimate, nondiscriminatory reason
that she lacked leadership skills is contradicted by InterDesign's Performance Reviews of Ms.
Boyce, its failure to discipline her per the Employee I landbook for the allegedly significant
incidents exemplifying the lack of leadership skills, and its lack of knowledge of certain events at
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the times Defendants discriminated against her. As such, Defendants' excuses arc mere pretext for
their discrimination of Ms. Boyce.
1. April Boyee's 2018 Performance Review celebrates her Leadership.
2018 Christopher Banning and Chief Executive Officer Chris Quinn ("CEO Chris Quinn")
evaluated Ms. Boyce's job perlbrmance. They awarded Ms. Boyce an overall rating of 3.96 out of
5.0, demonstrating that she met and nearly exceeded InterDesign's expectations. ' (Ex. B, Boyce's
2018 Performance Review, DESIGN00014(1 — DES1G N000152.) In evaluating her, Christopher
Banning stated as follows:
Team Leadership and Development: Score 3/5 Met Expectations
April established leadership with her team in a very short time. I commend the
work that she has accomplished in such a short period of time by gaining by in from
her team. Especially in the environment that she entered with the separation of I P
(iDesign) from 3P (nDesign). She was able to diffuse the concerns from her team
with separation that this team experienced with co-works and management and
channel their energies to accomplish great things. April also works well externally
with customers (i.e. the container store) and third party agencies.
April has worked cross collaboratively with departments to achieve goals.
(Emphasis added.)(Ex. 13 (i), !DESIGN 000146.)
Active-Interpersonal Skills/Emotional Intelligence: Scored 3/5 Met Expectations2
April has done a great job establishing leadership with her direct reports. Continue
to work on developing cross functional relationships with all departments within the
company. (Emphasis added.)(ki. !DESIGN 000148.)
I A rating of 4.0 demonstrates the employee Exceeded Expectations. (Ex. B.)
2 Active — Interpersonal Skills/Emotional Intelligence: Shows understanding, friendliness,
courtesy, tact, empathy, concern, and respect of others; develops and maintains effective
relationships with others; relates well to people from varied backgrounds and different situations;
is sensitive to cultural diversity, race, gender, disabilities, and other individual differences.
Demonstrates emotional intelligence in building relationships and working cooperatively with
others, managing difficult people issues, controlling impulses or anger, handling personal stress,
recognizing impact of moods, words actions and behaviors before acting. Handles difficult
situations with flexibility and tact. Id. IDESIGN000 148.
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Active-Leadership/Results Orientation: Scored 5/5 Exceptional3
April has done a great job of leading her team to accomplish the objectives to
support the organization for brand marketing. This has been demonstrated in her
role with expanding the brand marketing/positions with Container Store, All NA
ecomm customers and partnering with Aaron Taylor to champion and execute this
work to our external customers. When facing obstacles, makes the tough decisions
required to move the business forward. An example is her hiring and ultimate firing
of Karen Hurguy. (Id. @IDESIGN 000149.)
Active — Management: Scored 5/5 Exceptional 4
April is very organized and delegates effectively to accomplish her team goals. She
is also willing to roll up her sleeves and get the job done when necessary. Goes
beyond the call olduty. (hi. i DES I GN 000 I 49.)
Active — Values: Scored 4/5 Exceeds Expectations'
April has done a good job in all areas, as we move into 2019/20 1 am would
expect that she will deliver at a high level in all areas. (Emphasis added.)(Id. (.),
[DESIGN 000149.)
Overall Comments:
3 Active — Leadership/Results Orientation — Supports and communicates the vision of InterDesign
in ways that gain the support of others. Leads through change and adversity, makes the touch call
when needed, builds consensus when appropriate, motivates and encourages others. Supports the
strategic mission of the organization with an eye toward innovation and improvement. Inspires
others to go beyond the call of duty. Takes responsibility for actions and decisions. Id. @
IDESIGN000148
4 Active — Management: Works with direct reports to set meaningful and realistic performance
targets and goals. Manages direct reports to accomplish goals effectively and efficiently. Regularly
reviews progress to accomplish goals and action plans. Develops positive work relationships,
provides coaching in the form of guidance, directions, technical support, problem-solving,
facilitation, and recognition/positive feedback. Coaches to improve performance, delivers
negative feedback constructively, conducts effective performance appraisals, takes timely
disciplinary action. (Emphasis added)(ki. @ 1DESEGN 000149.)
5 Active Values: Customer Centric — Striving for best in class customer service and being a
thoughtful leader in your area of influence. Customer led Innovation — Listening to the voice of
the consumer, anticipating their need and exceeding their expectations. Entrepreneurial —
Relentlessly embracing creativity, making decisions with speed, and allowing calculated risk
taking. Accountability: Taking ownership for your actions in order to deliver positive results,
meaningful growth, and value. Collaborative: Operating as one team, caring and treating
all with respect, and believing that together we win. (Emphasis added.)(Id. @,
IDESIGN000150.)
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April has been a great addition to the executive team. She is a creative leader
and had done a great job managing multiple projects and multitasking.
(Emphasis added ,)(/d. DESIGN000151.)
Although Defendants' MS.1 fails to mention it while lamenting about her lack of leadership
skills in 2018, April Boyce received an excellent Performance Review in 2018. (1d.) Moreover, in
reviewing Ms. Boyce's 2018 performance, Senior Vice President Christopher Banning failed to
mention the alleged issues with Katie Reilly and Sylvia Smith. (Id.) Instead, the Executive Vice
President of Marketing, Christopher Banning, and C1-O, Chris Quinn state that April is a "great
leader" and "had done a great job establishing leadership with her direct reports." (Id.
IDESIGN000151, 1DESICIN000148.) As expected from a performance review that demonstrated
Ms. Boyce met and exceeded all expectations. InterDesign increased Boyce's salary to $162,750
and awarded her a Long-Term Incentive Program contract for $89,513. (Boyce Tr. 66 — 68.).
InterDesign's evaluation of April Boyce's performance, salary increase, and award of an
I,TIP is significant for a highly performing Vice President, which contradicts the allegation that
April Boyce lacked leadership skills in 2018. Moreover, this evidence directly contradicts
Defendants' alleged reasons for treating Ms Boyce differently. Thus, it creates a material dispute
regarding the employer's honest belief in and the validity of its proferred legitimate,
nondiscriminatory reason. As such, Defendants' MS.1 should be denied and this matter should be
decided by a jury,
2. 1nterDesign's 2918 Human Resources investigation and subsequent lack of
discipline contradict the Defendants' portrayal of current outrage regarding Ms.
Royce's leadership skills.
CEO Chris Quinn ordered Ms. Boyce to terminate Katie Reilly for poor performance.
(Royce All; Ex. A.) At her exit interview, Katie Reilly complained about how Ms. Boyce allegedly
treated her. (Defendants' MS.I, pg. 5.) Defendants allege that Human Resources launched an
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investigation into how April Boyce treated Katie Reilly, i.e., alleged inappropriate behavior, in
June 2018. (Defendants' MS,11, pg 5.) In Ms. Reilly's exit interview, Ms. Reilly complained about
April Boyce's alleged verbally inappropriate treatment of. her. (1(1.) Human Resources launched
an investigation, which allegedly revealed Harassing and Manipulating behavior.
InterDesign's Employee Handbook consistently states that "[Ole Company will not tolerate
verbal misconduct by any employee... on company property that creates an intimidating,
offensive, or hostile environment, harasses or disrupts or interferes with another employees' work
performance." (InterDesign Employee Handbook, Ex. D, pg 8) In support of this position, the
Employee I landbook allows " immediate termination for Ibielligerent, defiant, and abusive or
threatening ... speech towards any other employee." (Emphasis added.) (Exhibit D, pg 49 - 50)
ranks Ms. Boyce's alleged conduct as extreme and possibly subject to immediate termination. (Id.)
Thus. InterDesign allegedly finds verbally abusive and harassing behavior among the most severe
employment violations subject to immediate termination. (hi.)
InterDesign alleges it investigated Ms. Reilly's complaints against Ms. Boyce and found
April Boyce to have engaged in harassing and manipulative verbal behavior. (Defendants' MSJ,
pg 5.) However, this conclusion is questionable for several reasons. First, the Human Resources
investigation states that a terminated employee initialed the complaints. (Human Resource
Investigation, Ex. E.) Second, Human Resources did not feel Ms. Boyce's behavior warranted
discipline. The Employee Handbook designates Harassment as an immediately terminable offense..
Despite the potential tbr multiple disciplines up to termination, Ms. Boyce was not disciplined,
i.e., she did not receive a written reprimand, verbal reprimand, suspension with or without pay, or
termination of employment, for her alleged conduct. (Boyce AM, Ex A.) At the time, InterDesign
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thought so little of the incident that it merely sent Ms. Boyce to professional counseling. (Id., Ex
E.)
The lack old iscipline for April Boyce's alleged I larassment oilier direct reports, combined
with Executive Vice President Christopher Banning's failure to mention this incident in her 2018
Performance Review, describing April as a "great leader" who "had done a great job establishing
leadership with her direct reports," Boyce's salary increase, and InterDesign's decision to award
her a LTIP is direct evidence that creates a material dispute regarding the employer's honest belief
in and the validity of its proferred legitimate, nondiscriminatory reason. As such, Defendants' MS.I
should be denied and a jury should decide this matter.
3. April Boyce's 2020 Performance Review celebrates her Leadership.
CEO Chris Quinn completely disagrees with the allegations that Boyce failed to improve
her behavior in 2020. Instead, Chris Quinn indicated that April Boyce "did an exceptional job and
was a role model" met and exceeded expectations in 2020. (Exhibit C, 1DESIGN000163 — 000177,
(DES1GN000170.) Rating her as a 3.9 out of 5.0, CEO Chris Quinn states as follows:
Brand Marketing 20: 4/5 Exceeds Expectations
April had a fantastic year in 2020, strengthening the iDesign brand through
increasing the number of followers (+700k), engagement, social media content, and
posts, as well as through expanding our influencer network. She continued to build
and strengthen the foundation work she and the Marketing team established in
2019, ensuring iDesign stayed "ahead of the pack" versus our key competitors, both
in North America and in key targeted international markets. She did an excellent
job working cross-functionally with Sales, as an example, providing critical
assets, content, and execution collateral in support of The Home Edit and The
Container Storc/.ILP/Canadian Tire/etc., Sarah Tan no and Amazon, etc. (hi.
at I DESIGN000166 DESIGN000167.)
Product Development 20: 4/5 Exceeds Expectations
Under April's leadership, the Sales Planning function improved its impact and
cross-functional working relationship(s) across illcsign. The team made
progress in providing and producing high quality shopper trends/insights,
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developing new product ROI methodology, and identifying pain points related to
new product execution. (Emphasis added.)(M. at 1DESIGN000169.)
Reduce in 2020 expenses by 5%; 515 Exceptional
April did an exceptional job and was role model in how she managed the
Marketing budget, investments, as well as SG&A.
April demonstrated true leadership in restructuring, consolidating, and via
performance management, reducing the size of her team while, to her credit,
increasing the band-width of the group to have no loss in capacity or impact.
(Emphasis added.)(M. @ IDESIGN000170.)
Sales Planning 2020: 4/5 Exceeds Expectations
Under April's leadership, the Sales Planning function improved its impact
and cross-funetional working relationship(s) across iDesign. (Emphasis
added.)(a @ IDESIGN000171.)
Creates Collaborative Relationships: 3/5 Met Expectations
April has made great progress in establishing collaborative cross -functional
relationships and is dedicated to meeting the expectations & requirements of
internal as well as external customers. She has established herself as a respected
associate and someone who delivers her commitments.
In working with Sourcing in 202(1 in her capacity as Sales Planning leader and even
after, April identified some critical problems related to new product execution and
delivery timing. The issues are real and accurate, which is no surprise given April's
wealth of experience and expertise. . . (Emphasis added.)(Id.
IDESIGN000173.)
Delivers Consistent Results: 5/5 Exceptional('
' Delivers Consistent Results: Secures business success and sustainable growth through "bottom
line" and action orientation. Creates focus by evaluating and prioritizing the areas with the greatest
impact and eliminating less valuable activities. Focuses on accountability and delivery without
blame, pushes and motivates self and others for results. Faces challenges head on. Knows how to
get things done through formal and informal channels. Breaks down work into process steps,
develops schedules and tasks. Quickly senses what will help and hinder accomplishing a goal and
adjusts roadblocks, measuring performance against goals. Learns from mistakes and seeks and
applies continuous improvement. I-las the functional/technical knowledge required to do the job
and works to keep this knowledge current. Drive for results: Consistently hits goals, objectives,
and KPIs set by the company. Pushes oneself and others to achieve stretch goals. Maintains focus
while acting and talking as if you care about the bottom line. Action Oriented: Exhibits the need
for speed and agility within the organization. Can be counted on to exceed goals successfully, is
constantly & consistently a top performer, pushes self and others to deliver consistent results.
(Emphasis added.) (Id. @ DESIGN000173.)
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April does impressive work and is a critical leader within the organization. She
continues to do amazing work driving marketing results and strengthening the
iDesign brand. (Emphasis ackled.)(1d. IDESIGN000 I 73.)
Engages Associates & Develops Talent: 4/5 Exceeds Expectations?
April continues to evolve and strengthen the quality of her team, band width, and
impact. In 2020 due to the pandemic and COVID, this was challenged but to April's
credit she did not miss a beat and invested time (albeit remotely) keeping her team
focused and encouraging them to leverage remote learning/training opportunities.
(Emphasis added .)(k.1. IDESIGN000 7,3.)
Navigates Complex Challenges: 4/5 Exceeds Expectations
What can be more complex that dealing with a global pandemic, ensuring
influencers and brand partners stay engaged, showing up with retailers to provide
holistic marketing support and assets, and driving team development and
performance remotely as the company/society established the "new normal" of
working from home.
April kept her team focused and deserves recognition for her hard work and
efforts. (Emphasis added.)(h/. a IDESIGN000 I 74 -IDESINCi000I 75.)
Overall Comments:
April is a critical part of iDesign and is seen as a trusted business partner and
high impact player. She has, through her leadership and results orientation
taken iDesign from an unknown housewares brand to a globally respected
entity that has world class follower base. In 2020, April had an excellent year
and continue to drive the iDesign brand to the next level.
1 am excited to support April in 2021 and beyond. (Emphasis added.)(Id.
IDESIGN000176.)
7 Engages Associates & Develops Talent: Communicates a clear mission and compelling vision
that inspires associates. Brings to life support and enthusiasm for the vision with a clear map and
milestones. Sets a high-performance climate where each associate has the opportunity to do what
they do best. Finds ways to deploy their strengths and encourages their development. Builds high-
performing team behaviors with a strong sense of belonging, team spirit and pride. Embraces the
spirit and caring through authentic and genuine work relationships, both inside the
organization and out. Treats others fairly and with trust, dignity and respect. Embraces
diversity creating inclusive high trust relationships. Has the courage to hold honest, candid
discussions, being directed and forceful or diplomatic as required. Self-development includes
actively: using existing skills to compensate for weaker skill, building skills in weaker arears,
leveraging strengths, and identifying & developing the important skills sets relevant to a position.
(Emphasis added.) (Id. @ IDES IGN000173 — I DES KINN° I 74.)
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In the InterDesign Performance Reviews, the evaluating leadership team member or, as in
this case, CEO, has the opportunity to express those areas in which InterDesign needs the employee
to improve/develop going forward. (Exs. B & C.) Despite the Defendants' MS.1 alleging that Ms.
Boyce's behavior was so egregious that it disrupted the workplace and jeopardized customer
relationships in 2020, CEO Quinn failed to find the information significant enough to mention it
as a developmental need forward. (Ex. C.) Instead, CEO Quinn asked Ms. Boyce to focus on the
following:
Developmental Comments:
*Next generation marketing innovation April should continue to invest time in
bringing to life some of the ideas she has already identified as innovative (i.e.
scholarship program)
*1,000,000 followers — building off of the momentum April has already delivered
in the area of followers, she should work to organically build iDesign's follower
base to over 1 .000,000 followers (this would be a tremendous accomplishment)
*Signature series — work cross-functionally. to include sourcing around new
product launch timing, to ensure brilliant execution and success of this mission
critical program
*long term marking strategy -- April should invest time finalizing the marketing
strategy in support of the OGSP marketing/brand strategy, building of the work she
did for the virtual °fissile, identifying budgets, milestones, roadmap, etc. (Id. @,
I DES IGN000176 — IDES I GN000177.)
There is no mention of alleged leadership problems included by ca.) Chris Quinn in
Royce's 2020 Performance Review. To the contrary, CEO Chris Quinn described Ms. Boyce as a
"critical leader within the organization," "critical part of iDesign," and a "role model." (N. (i)
1DESIGN000173, IDES IGN000176, and IDESIGN00170.) Furthermore, Mr. Quinn stated that
April did an "exceptional job." (W. IDESIGN000170.)
CEO Chris Quinn review of Ms. Royce's 2020 performance directly contradicts the
allegations in Defendants' MS.) that she faced "substantial challenges collaborating and
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communicating with her coworkers." (Defendants' MS.I, pg. 7.) As expected, with an
exceptionally positive 2020 Performance Review, InterDesign increased Boyce's salary to
$175,000 and awarded her a Long-Term Incentive Program contract of $54,603. (Boyce Tr. 123,
126-127, 133 — 134.).
Yet again, InterDesign's documentary evidence directly contradicts its assertions that April
Boyce's conduct continued to disrupt the workplace and jeopardize customer relationships in 2020.
As such, April Royce's 2020 Performance Review is yet another piece of evidence creating a
material dispute regarding the Defendants' honest belief in and validity of its proffered legitimate,
nondiscriminatory reason for its treatment of Ms. Royce. Defendants' alleged reasons constitute
mere pretext. Thus, this Honorable Court should deny Defendants' Motion for Summary Judgment
should in its entirety.
4. Defendants were unaware of Aaron Taylor's allegations regarding April Boyce
when they reassigned and terminated Ms. Boyce,
The incidents relied on by Defendants to argue that Ms. Boyce disrupted the workplace
and jeopardized customer relationships in 2020 were disclosed by A21'011 Taylor after CEO Quinn
terminated Ms. Boyce. The timing of Defendants learning this information means that they were
unaware olthese issues until after they terminated Boyce in February 2021. It is utterly impossible
to base decisions on information one does not yet possess. Thus, as detailed below, Defendants
assertions are mere pretext. It is impossible for Defendants to have relied on the information
identified on pg 8 of their MSJ as a valid, nondiscriminatory rationale for terminating Ms. Boyce.
Aaron Taylor and April Boyce were friends. (Taylor Tr. 49, 72; Boyce Aff. Ex. A.) As
such, April Boyce talked to him like a trusted friend, not a colleague. (Taylor Tr. 46; Boyce Aff.,
Ex A). She would vent to Aaron Taylor about her problems and issues with Robert Mountain and
James Gallagher, amongst other things. (h1., Taylor 'I'r. 72-73.) Aaron Taylor would listen and
Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ
provide friendly feedback during these conversations, mostly after hours and during social
interactions. Id, Aaron Taylor considered April Boyce, a friend and respected her as a colleague.
(Taylor 'F'r. 72.) April Boyce considered Aaron Taylor one of her dearest and closest friends.
(Boyce Arc., Fx. A.) Aaron Taylor knew that the information that Boyce shared with him was
under the nature of their friendship. not their professional relationship. (Taylor Tr. 72.) Regardless,
when he learned that April Boyce was no longer with InterDesign, he decided to share all the
private information with CEO Chris Quinn. (Taylor Tr. 70. 71.)
After Ms. Boyce was terminated from lnterDesign and Intel-Design promoted Aaron Taylor
to Senior Vice President of Global E-Commerce, Aaron Taylor took the following actions:
• On Tuesday, February 16, 2021, he reported the details of Ms. Boyce's alleged
probing questions about his compensation and lack of a Long-Term Incentive
Program contract that occurred sometime in the week ofJanuary 27. 2020. (Exhibit
D to Taylor Tr., 'DESIGN 000812 — IDES IGN000813.) (Attached as Ex. E.)
• After February 13, 2021, he reported that sometime on two different occasions, Ms.
Boyce used a marijuana pen in front of h im;8 (Taylor Tr. 47, 60.) 9
• On Sunday February 14, 2021, Aaron Taylor reported to CEO Chris Quinn that
April Boyce had resigned her employment with InterDesign. (Exhibit C to Taylor
Tr., IDES IGN000712 — IDESIGN000713) (Attached as Ex. F.)
Upon learning that her dear friend had been promoted to Senior Vice President of Global E-
Commerce, April Boyce sent Aaron Taylor a text congratulating him on his promotion. (Taylor
Tr. Exhibit C, ID1SIGN000712 — IDES IGN0007 I 3.) At CEO Chris Quinn's request, April Boyce
8Defendants' Motion for Summary Judgment added that the smoking occurred during the
workday. Aaron Taylor's deposition testimony did not designate that she used the pen during the
workday. (Taylor Tr. 47, 60.)
9 April Boyce does not use marijuana. She does have a vape pen. It belongs to her, not her son. It
is nicotine, not marijuana based. She never told Aaron Taylor it was a marijuana pen. (Boyce
Aff., Ex. A.)
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informed Aaron Taylor that she had resigned. Id. Shortly after that, Chris Quinn asked Aaron
Taylor to provide him with a copy of April Boyce's text. (Taylor Tr. 50. Ex. F.) Aaron Taylor
complied. (Id.)
When asked why he suddenly decided to share Boyce's personal information with
lnterDesign, he said he needed to defend InterDesign's position. (Taylor Tr. 71.) I lowever, when
Mr. Taylor disclosed this information, InterDesign was not under attack. The text message he
received from Ms. Boyce told him that she and CEO Chris Quinn were still talking about her
remaining at InterDesign. (Id.)11)
The fact that Defendants were not yet aware of the information provided by Aaron Taylor
at the time they made the decisions regarding April Boyce is yet another piece of direct evidence
creating a material dispute regarding the Defendants' honest belief in and validity of its proffered
legitimate, nondiscriminatory reason for reassigning and terminating Ms. Boyce. As such, this
Honorable Court should deny Defendants' Motion for Summary Judgment in its entirety and Ms.
Boyce should be permitted to litigation this matter to a jury.
D. Defendants' subjected Ms. Boyce to a Hostile Work Environment.
April Boyce may establish a violation of R.C. z1-112.02(A)'s prohibition of discrimination
"because of * * * sex" by proving either of two types of sexual Harassment: (I) "quid pro quo "
harassment, i.e., Harassment that is directly linked to the grant or denial of a tangible economic
benefit, or (2) "hostile environment" harassment, i.e., Harassment that, while not affecting
economic benefits, has the purpose or effect of creating a hostile or abusive working
10 April Boyce has two recordings from February 12, 2021 of her and Chris Quinn participating in
ongoing conversations and negotiations about her remaining at InterDesign.
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environment, Hampel v. Food Ingredients Specialties, Inc., 89 Ohio St.3d 169, 2000-Ohio-128,
729 N.E.2d 726, paragraph one of syllabus.
In order to establish a claim of hostile work environment sexual harassment, April Boyce
must show (1) that the I larassmcnt was unwelcome, (2) that the Ilarassment was based on sex, (3)
that the harassing conduct was sufficiently severe or pervasive to affect the "terms, conditions, or
privileges of employment, or any matter directly or indirectly related to employment," and (4) that
either (a) the Harassment was committed by a supervisor, or (b) the employer, through its agents
or supervisory personnel, knew or should have known of the Harassment and failed to take
immediate and appropriate corrective action. Id. at paragraph two of syllabus. As clearly
delineated herein, Ms. Boyce's evidence satisfies each of the elements of a hostile work
environment.
1. April Boyce Complained to CEO Chris Quinn of the Harassment.
April Boyce was hired as Vice President of Marketing and a member of the Executive
Leadership Team. (Boyce MT, Ex. A.) As such, she reported directly to CEO Chris Quinn. (Id.)
Shortly after commencing employment at InterDesign. April Boyce started being harassed by
James Gallagher and Robert Mountain. (Id. and February 12, 202 I, recorded conversations with
CEO Chris Quinn,) She did so under the Complaint Procedure in the InterDesign Employee
handbook, which requires that "[ajny employee who feels that he or she has been harassed,
sexually or otherwise, should immediately report the matter to his or her immediate supervisor."
(Ex. D, pg 8.) Under the InterDesign Employee l landbook, CEO was to "take any allegations of
harassment seriously, and to investi
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas BRIEF IN OPPOSITION July 14, 2023 20:23 By: KATHRYN A. VADAS 0071510 Confirmation Nbr. 2910063 APRIL WHALEY CV 21946416 vs. Judge: KEVIN J. KELLEY INTERDESIGN, INC., ET AL. Pages Filed: 92 Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ IN THE COURT Of COMMON PLEAS CUYAHOGA COUNTY, OHIO APRIL BOYCE, CASE NO. CV-21-946416 Plaintiff, JUDGE KEVIN J. KELLEY vs. INTERDESIGN, INC., ET AL. Defendants. APRIL BOYCE'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT I. STATEMENT OF FACTS Chief Executive Officer Christopher Quinn ("CEO Chris Quinn") sought out and hired Plaintiff April Whaley Boyce (hereinafter "April," "Boyce," or "April Boyce") to spearhead the creation of Defendant InterDesign, Inc.'s (hereinafter "InterDesign") marketing department in late 2017. (Boyce Aff., Ex. A.) lmerDesign employed April Boyce as Vice President of Marketing commencing February 26, 2018. (Boyce Ail, Ex. A; Quinn Tr.) As Vice President of Marketing, Boyce was an Executive Leadership "learn member. (Boyce ALT., Ex. A., Quinn Tr.) All Executive Leadership "Feam Members reported to CEO Chris Quinn. (Id.) April Boyce loved the professional challenges she experienced working for InterDesign, including building the iDesign brand from the ground up. Boyce excelled early in her interDesign tenure, as demonstrated by her 2018 Performance Review. Shortly after commencing her employment with InterDesign, Defendant James Gallagher and Defendant Robert Mountain started to harass and abuse April Boyce. They would gang up on her in meetings, speak to her in condescending, demeaning, aggressive tones, and refer to her by names like "little girl." Following InterDesign's Employee Handbook, April Boyce repeatedly Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ complained about Defendants Gallagher and Mountain's behavior of her CEO Quinn requesting help. CEO Quinn failed to take any action to investigate or validate Royce's complaints. Even when CEO Quinn's administrative assistant sent him an email documenting the exact behavior that Boyce had been complaining about for the last year, Quinn still did nothing. Defendants Gallagher and Mountain's behavior in light of Quinn's refusal to take any action ultimately empowered Defendant Gal lagher's direct reports to join in the Harassment, belittling, and inappropriate treatment of April Boyce. Defendant Gallagher's direct reports participated in a collaborated smear campaign, i.e., submitting false information to sway the results of an InterDesign survey regarding Gallagher and Boyce management styles, against April Boyce. (Mountain 1 1.12.2019 recording.) Instead of acting as CEO and investigating/handling the pervasive Harassment of April Boyce, Chris Quinn wiped his hands of the matter, punishing Boyce, by causing her to be the ONLY Executive Leadership Team Member not to report to him. (Boyce all. Ex. A.) Instead, he forced Boyce to report to one of the people harassing, belittling, discriminating, and creating the hostile work environment that had become her hellish existence at 1nterDesign, Defendant Mountain. (Id.) Now her supervisor, Mountain, immediately increased the inappropriate treatment. Defendant Mountain called a meeting with Boyce to threaten her position at InterDesign. (Mountain 1 1.12.2019 recording.) After complaining that she stood him up for a drink and walked by him without saying hi during a recent business trip, Mountain informed Boyce that she should resign from InterDesign and settle up with 11.R. (human resources), as she probably did not have a future with InterDesign. (kl.) Mountain advised Boyce to tell Quinn that she was leaving for another position. (Id.) A month or so later, Boyce had not complied with Mountain's instructions to leave lnterDesign or inform CEO Chris Quinn of her intent to leave. (Boyce aff., Ex. A.) Thus, Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ Mountain's 2019 Performance Review of Boyce dropped her score from 3.96 out of 5.0 in 2018 to 3.30 out of 5.0 in 2019 in most cases without commenting on the reasons for the reduced scores, leading Boyce to believe that if Mountain could not force her to quit, he would use everything tool at his disposal to get her terminated from or push her out of InterDesign. (Exs. A, [3 SE, C, Boyce AIL 2018 Performance Review, and C 2019 Performance Review, respectively.) Despite an overwhelming desire to continue at InterDesign, April Boyce had exhausted her options and felt forced to start looking for other employment. (Boyce all, Ex. A.) Ultimately, Boyce verbally accepted a position with another company in early February 2021. (Id.) However, despite the insinuations in Defendants' MSJ, Boyce was not legally required to take that position, nor did her InterDes4m job require her to reside in Ohio. (Quinn 2. 1 2.2021 recording.) On February 12, 2021, Boyce again explained to CEO Chris Quinn that InterDesign fostered a hostile, discriminatory work environment for her, which Gallagher and Mountain created. (Id.) Boyce advised Quinn that she wanted more than anything to remain at InterDesign, but the environment was intolerable for her. (Id.) Acknowledging Boyce's prior complaints of Gallagher and Mountain and the work environment created by same, CEO Chris Quinn asked Boyce to stay. (Id.) CEO Quinn offered to promote Boyce to Senior Vice President and increase her salary to $190,000 annually, which remained significantly lower than every male Executive Leadership Team Member. (Id.) Knowing what a difficult decision continuing in the toxic environment of InterDesign versus her desire to continue to build the iDesign brand, Quinn asked Boyce to consider his proposal and let him know on Monday. (Id.) Quinn enticed Boyce with Future ownership options in InterDesign. (Id.) Boyce agreed not to resign and instead consider Quinn's promotion offer over the weekend. (Id.) On Saturday, Quinn el-nailed Boyce to terminate Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ her employment. (hi.) Defendants refer to this as Boyce's resignation. (Defendants' IVISJ, pp I, 8 — 9, & 15.) Boyce refers to this as her termination. (Boyce Aff., Ex. A.) IL LAW AND ANALYSIS A. Standard of Review Summary judgment is appropriate under Civ.R. 56 when: (I ) no genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) viewing the evidence most strongly in favor of the nonmoving party, reasonable minds can come to but one conclusion and that conclusion is adverse to the nonmoving party. Temple v, Wean United, Inc., 50 Ohio St.2d 317, 327, 364 N.E.2d 267 (1977), citing Civ.R. 56(C). A court must view the facts in the light most favorable to the non-moving party and must resolve any doubt in favor of the non-moving party, Murphy v, Reynohisburg, 65 Ohio St.3d 356, 358-359, 1992- Ohio 95, 604 N.E.2d 138 (1992). A trial court does not have the liberty to choose among reasonable inferences in the context of summary judgment, and all competing inferences and questions of credibility must be resolved in the nonmoving party's favor. Perez v. Scripps-Howard Broadcasting Co., 35 Ohio St.3d 215, 218, 520 N.E.2d 198 (1988). The party moving for summary judgment under this rule hears the initial burden of informing the trial court of the basis for the motion and of identifying the portions of the record establishing the absence of a genuine issue of fact on a material element of the non-moving party's claim. Dresher v. Burl (1996), 75 Ohio St. 3d 280, 292-293. Once the moving party satisfies this initial burden, the non-moving party has a reciprocal burden to respond by Affidavit, or as otherwise provided in Civ. R. 56, and must set forth specific facts showing that there is a genuine issue for trial. Civ. R. 56(E). If the nonmoving party fails to so respond, summary judgment, if Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ appropriate, shall be entered against him. Civ. R. 56(E). Summary judgment is "a drastic device since its prophylactic function, when exercised, cuts off a party's right to present his case to the jury." Dupler v. Mansfield Journal Co., 64 Ohio St. 2d 1 16 (1980) citing Heyman v. Commerce and Industry Ins. Co., 524 F.2d I 31 7, 1320. Thus, Summary judgment must be awarded cautiously with any doubts resolved in favor of the non- moving party. Murphy v. Reynoldsburg (1992), 65 Ohio St.3d 356, 358-359. For all the reasons stated below, summary judgment is inappropriate in this matter. Plaintiff April Boyce can establish facts demonstrating material and genuine issues of fact for the jury on each element of her claims. As such, this Honorable Court should deny Defendants' Motion for Summary Judgment ("Defendants' MSJ") in its entirety and allow the Plaintiff her day in court. B. Defendants Discriminated Against April Boyce. It is an unlawful discriminatory practice for any employer to "discharge without just cause, to refuse to hire, or otherwise discriminate against [a] person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment[,]" on the basis of sex. R.C. 41 12.02(A). "[F]ederal case law interpreting Title VII of the Civil Rights Act of 1964 is generally applicable to cases involving alleged violations of R.C. 4112." Stipkala v. Bank One, NA., 9th Dist. Summit No. 21986, 2005-01tio-16, ill 10. A plaintiff may demonstrate the existence of discriminatory practices with direct or indirect evidence. Id. at I] I I. "Ohio courts analyze discrimination claims which are based on indirect evidence under the framework provided by McDonnell Douglas Corp. v. Green, 41 1 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973)." Id. at '1] 14. Under that framework, Thlo establish a prima facie case of Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ discrimination, a plaintiff must show: (1) membership in a protected class; (2) qualification for the position; (3) an adverse employment action; and (4) replacement by a non-protected person." Atkinson v. Akron Rd. of Mn., 9th Dist. Summit No. 22805, 2006-Ohio-1032, ¶ 28. A plaintiff may also satisfy the fourth prong by presenting evidence that she was treated differently than similarly situated non-protected employees..lones v. MTD Consumer Group, Inc., 9th Dist. Medina No. 13CA0093-M, 2015-Ohio-1878,1127, 32 N.E.3d 1030. In this case, it is clear: (1) Ms. Boyce is a member of a protected class; (2) she is qualified for her position; (3) her employment was adversely affected when she was forced to report to Robert Mountain and ultimately terminated; and (4) she was replaced by a younger male employee, who assumed all her responsibilities. Thus, Plaintiff April Boyce clearly substantiates the elements of a prima -facie case of discrimination. C. Defendants' Allegation that April Boyce Lacked Leadership Skills is mere Pretext for Gender Discrimination. When an employee establishes a prima facie case of gender discrimination, the burden shifts to the employer to set forth a legitimate, nondiscriminatory reason for the discharge. Fox v. Lorain Cry., 9th Dist. Lorain No. 07CA009134, 2007-Ohio-6143, ¶ 10. The employer's burden is simply one of production. Manofsky v. Goodyear Tire & Rubber Co., 69 Ohio App.3d 663, 667, 591 N.E.2d 752 (9th Dist.1990). If the employer satisfies its burden of production, the employee then must present evidence that the employer's proffered nondiscriminatory reason was a mere pretext for unlawful discrimination, Fox at '11 10. "'To establish such pretext, a plaintiff must show either (1) that the proffered reasons had no basis in fact, (2) that the proffered reasons did not actually motivate [her] discharge, or (3) that they were insufficient to motivate discharge:" .Jones v. MTD Consumer• Group, Inc., 9th Dist. Medina No. 13CA0093-M, 2015- Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ Ohio-1878, ¶ 27, 32 N.E.3d 1030, quoting Russell v. Univ. of Toledo, 537 F.3d 596, 604 (6th Cir.2008). "The ultimate burden of persuasion to demonstrate discrimination remains with the [employee]." Dunn v. GOIO Industries, 9th Dist. Summit No, 28392, 2017-Ohio-7230, ¶ 41, 96 N.E.3d 870. To overcome summary judgment on the issue of pretext, the employee cannot simply deny the facts underlying the employer's decision, but instead must put forth "evidence creating a material dispute as to the employer's honest belief in its proffered legitimate, nondiscriminatory reason." Wigglesworth v Mettler.. Toledo Inferno11., Inc., 10th Dist. Franklin No. 09AP-411, 2010- Ohio-1019, ¶ 19. See Dunn at '1[ 17. To exhibit an honest belief, "'the employer must establish its reasonable reliance on particularized facts that were before it at the time it made the adverse employment decision.'" Dunn at ¶ 18, quoting Dept. of Pub. Solely at ¶ 79, citing Smith v. Chrysler Corp., 155 F.3d 799, 807 (6th Cir.I 998). "'Mere conjecture that [thel employer's explanation is a pretext for intentional discrimination is an insufficient basis for denial of summary judgment.'" Dunnigun v. City of Lorain, 9th Dist. Lorain No. 02CA0080 10, 2002-Ohio-5548, ¶ 14, quoting Carney v. Cleveland His.-Univ. His, City School Dist., 143 Ohio App.3d 415, 429, 758 N.E.2d 234 (8th Dist.2001). In this case, InterDesignis documents create a material dispute regarding the employer's honest belief in its proferred legitimate, nondiscriminatory reason. lnterDesign alleges that Ms. Boyce was reassigned to report to Robert Mountain and terminated because she lacked leadership skills. However, as explained below, Intel-Design's alleged legitimate, nondiscriminatory reason that she lacked leadership skills is contradicted by InterDesign's Performance Reviews of Ms. Boyce, its failure to discipline her per the Employee I landbook for the allegedly significant incidents exemplifying the lack of leadership skills, and its lack of knowledge of certain events at Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ the times Defendants discriminated against her. As such, Defendants' excuses arc mere pretext for their discrimination of Ms. Boyce. 1. April Boyee's 2018 Performance Review celebrates her Leadership. 2018 Christopher Banning and Chief Executive Officer Chris Quinn ("CEO Chris Quinn") evaluated Ms. Boyce's job perlbrmance. They awarded Ms. Boyce an overall rating of 3.96 out of 5.0, demonstrating that she met and nearly exceeded InterDesign's expectations. ' (Ex. B, Boyce's 2018 Performance Review, DESIGN00014(1 — DES1G N000152.) In evaluating her, Christopher Banning stated as follows: Team Leadership and Development: Score 3/5 Met Expectations April established leadership with her team in a very short time. I commend the work that she has accomplished in such a short period of time by gaining by in from her team. Especially in the environment that she entered with the separation of I P (iDesign) from 3P (nDesign). She was able to diffuse the concerns from her team with separation that this team experienced with co-works and management and channel their energies to accomplish great things. April also works well externally with customers (i.e. the container store) and third party agencies. April has worked cross collaboratively with departments to achieve goals. (Emphasis added.)(Ex. 13 (i), !DESIGN 000146.) Active-Interpersonal Skills/Emotional Intelligence: Scored 3/5 Met Expectations2 April has done a great job establishing leadership with her direct reports. Continue to work on developing cross functional relationships with all departments within the company. (Emphasis added.)(ki. !DESIGN 000148.) I A rating of 4.0 demonstrates the employee Exceeded Expectations. (Ex. B.) 2 Active — Interpersonal Skills/Emotional Intelligence: Shows understanding, friendliness, courtesy, tact, empathy, concern, and respect of others; develops and maintains effective relationships with others; relates well to people from varied backgrounds and different situations; is sensitive to cultural diversity, race, gender, disabilities, and other individual differences. Demonstrates emotional intelligence in building relationships and working cooperatively with others, managing difficult people issues, controlling impulses or anger, handling personal stress, recognizing impact of moods, words actions and behaviors before acting. Handles difficult situations with flexibility and tact. Id. IDESIGN000 148. Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ Active-Leadership/Results Orientation: Scored 5/5 Exceptional3 April has done a great job of leading her team to accomplish the objectives to support the organization for brand marketing. This has been demonstrated in her role with expanding the brand marketing/positions with Container Store, All NA ecomm customers and partnering with Aaron Taylor to champion and execute this work to our external customers. When facing obstacles, makes the tough decisions required to move the business forward. An example is her hiring and ultimate firing of Karen Hurguy. (Id. @IDESIGN 000149.) Active — Management: Scored 5/5 Exceptional 4 April is very organized and delegates effectively to accomplish her team goals. She is also willing to roll up her sleeves and get the job done when necessary. Goes beyond the call olduty. (hi. i DES I GN 000 I 49.) Active — Values: Scored 4/5 Exceeds Expectations' April has done a good job in all areas, as we move into 2019/20 1 am would expect that she will deliver at a high level in all areas. (Emphasis added.)(Id. (.), [DESIGN 000149.) Overall Comments: 3 Active — Leadership/Results Orientation — Supports and communicates the vision of InterDesign in ways that gain the support of others. Leads through change and adversity, makes the touch call when needed, builds consensus when appropriate, motivates and encourages others. Supports the strategic mission of the organization with an eye toward innovation and improvement. Inspires others to go beyond the call of duty. Takes responsibility for actions and decisions. Id. @ IDESIGN000148 4 Active — Management: Works with direct reports to set meaningful and realistic performance targets and goals. Manages direct reports to accomplish goals effectively and efficiently. Regularly reviews progress to accomplish goals and action plans. Develops positive work relationships, provides coaching in the form of guidance, directions, technical support, problem-solving, facilitation, and recognition/positive feedback. Coaches to improve performance, delivers negative feedback constructively, conducts effective performance appraisals, takes timely disciplinary action. (Emphasis added)(ki. @ 1DESEGN 000149.) 5 Active Values: Customer Centric — Striving for best in class customer service and being a thoughtful leader in your area of influence. Customer led Innovation — Listening to the voice of the consumer, anticipating their need and exceeding their expectations. Entrepreneurial — Relentlessly embracing creativity, making decisions with speed, and allowing calculated risk taking. Accountability: Taking ownership for your actions in order to deliver positive results, meaningful growth, and value. Collaborative: Operating as one team, caring and treating all with respect, and believing that together we win. (Emphasis added.)(Id. @, IDESIGN000150.) Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ April has been a great addition to the executive team. She is a creative leader and had done a great job managing multiple projects and multitasking. (Emphasis added ,)(/d. DESIGN000151.) Although Defendants' MS.1 fails to mention it while lamenting about her lack of leadership skills in 2018, April Boyce received an excellent Performance Review in 2018. (1d.) Moreover, in reviewing Ms. Boyce's 2018 performance, Senior Vice President Christopher Banning failed to mention the alleged issues with Katie Reilly and Sylvia Smith. (Id.) Instead, the Executive Vice President of Marketing, Christopher Banning, and C1-O, Chris Quinn state that April is a "great leader" and "had done a great job establishing leadership with her direct reports." (Id. IDESIGN000151, 1DESICIN000148.) As expected from a performance review that demonstrated Ms. Boyce met and exceeded all expectations. InterDesign increased Boyce's salary to $162,750 and awarded her a Long-Term Incentive Program contract for $89,513. (Boyce Tr. 66 — 68.). InterDesign's evaluation of April Boyce's performance, salary increase, and award of an I,TIP is significant for a highly performing Vice President, which contradicts the allegation that April Boyce lacked leadership skills in 2018. Moreover, this evidence directly contradicts Defendants' alleged reasons for treating Ms Boyce differently. Thus, it creates a material dispute regarding the employer's honest belief in and the validity of its proferred legitimate, nondiscriminatory reason. As such, Defendants' MS.1 should be denied and this matter should be decided by a jury, 2. 1nterDesign's 2918 Human Resources investigation and subsequent lack of discipline contradict the Defendants' portrayal of current outrage regarding Ms. Royce's leadership skills. CEO Chris Quinn ordered Ms. Boyce to terminate Katie Reilly for poor performance. (Royce All; Ex. A.) At her exit interview, Katie Reilly complained about how Ms. Boyce allegedly treated her. (Defendants' MS.I, pg. 5.) Defendants allege that Human Resources launched an Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ investigation into how April Boyce treated Katie Reilly, i.e., alleged inappropriate behavior, in June 2018. (Defendants' MS,11, pg 5.) In Ms. Reilly's exit interview, Ms. Reilly complained about April Boyce's alleged verbally inappropriate treatment of. her. (1(1.) Human Resources launched an investigation, which allegedly revealed Harassing and Manipulating behavior. InterDesign's Employee Handbook consistently states that "[Ole Company will not tolerate verbal misconduct by any employee... on company property that creates an intimidating, offensive, or hostile environment, harasses or disrupts or interferes with another employees' work performance." (InterDesign Employee Handbook, Ex. D, pg 8) In support of this position, the Employee I landbook allows " immediate termination for Ibielligerent, defiant, and abusive or threatening ... speech towards any other employee." (Emphasis added.) (Exhibit D, pg 49 - 50) ranks Ms. Boyce's alleged conduct as extreme and possibly subject to immediate termination. (Id.) Thus. InterDesign allegedly finds verbally abusive and harassing behavior among the most severe employment violations subject to immediate termination. (hi.) InterDesign alleges it investigated Ms. Reilly's complaints against Ms. Boyce and found April Boyce to have engaged in harassing and manipulative verbal behavior. (Defendants' MSJ, pg 5.) However, this conclusion is questionable for several reasons. First, the Human Resources investigation states that a terminated employee initialed the complaints. (Human Resource Investigation, Ex. E.) Second, Human Resources did not feel Ms. Boyce's behavior warranted discipline. The Employee Handbook designates Harassment as an immediately terminable offense.. Despite the potential tbr multiple disciplines up to termination, Ms. Boyce was not disciplined, i.e., she did not receive a written reprimand, verbal reprimand, suspension with or without pay, or termination of employment, for her alleged conduct. (Boyce AM, Ex A.) At the time, InterDesign Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ thought so little of the incident that it merely sent Ms. Boyce to professional counseling. (Id., Ex E.) The lack old iscipline for April Boyce's alleged I larassment oilier direct reports, combined with Executive Vice President Christopher Banning's failure to mention this incident in her 2018 Performance Review, describing April as a "great leader" who "had done a great job establishing leadership with her direct reports," Boyce's salary increase, and InterDesign's decision to award her a LTIP is direct evidence that creates a material dispute regarding the employer's honest belief in and the validity of its proferred legitimate, nondiscriminatory reason. As such, Defendants' MS.I should be denied and a jury should decide this matter. 3. April Boyce's 2020 Performance Review celebrates her Leadership. CEO Chris Quinn completely disagrees with the allegations that Boyce failed to improve her behavior in 2020. Instead, Chris Quinn indicated that April Boyce "did an exceptional job and was a role model" met and exceeded expectations in 2020. (Exhibit C, 1DESIGN000163 — 000177, (DES1GN000170.) Rating her as a 3.9 out of 5.0, CEO Chris Quinn states as follows: Brand Marketing 20: 4/5 Exceeds Expectations April had a fantastic year in 2020, strengthening the iDesign brand through increasing the number of followers (+700k), engagement, social media content, and posts, as well as through expanding our influencer network. She continued to build and strengthen the foundation work she and the Marketing team established in 2019, ensuring iDesign stayed "ahead of the pack" versus our key competitors, both in North America and in key targeted international markets. She did an excellent job working cross-functionally with Sales, as an example, providing critical assets, content, and execution collateral in support of The Home Edit and The Container Storc/.ILP/Canadian Tire/etc., Sarah Tan no and Amazon, etc. (hi. at I DESIGN000166 DESIGN000167.) Product Development 20: 4/5 Exceeds Expectations Under April's leadership, the Sales Planning function improved its impact and cross-functional working relationship(s) across illcsign. The team made progress in providing and producing high quality shopper trends/insights, Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ developing new product ROI methodology, and identifying pain points related to new product execution. (Emphasis added.)(M. at 1DESIGN000169.) Reduce in 2020 expenses by 5%; 515 Exceptional April did an exceptional job and was role model in how she managed the Marketing budget, investments, as well as SG&A. April demonstrated true leadership in restructuring, consolidating, and via performance management, reducing the size of her team while, to her credit, increasing the band-width of the group to have no loss in capacity or impact. (Emphasis added.)(M. @ IDESIGN000170.) Sales Planning 2020: 4/5 Exceeds Expectations Under April's leadership, the Sales Planning function improved its impact and cross-funetional working relationship(s) across iDesign. (Emphasis added.)(a @ IDESIGN000171.) Creates Collaborative Relationships: 3/5 Met Expectations April has made great progress in establishing collaborative cross -functional relationships and is dedicated to meeting the expectations & requirements of internal as well as external customers. She has established herself as a respected associate and someone who delivers her commitments. In working with Sourcing in 202(1 in her capacity as Sales Planning leader and even after, April identified some critical problems related to new product execution and delivery timing. The issues are real and accurate, which is no surprise given April's wealth of experience and expertise. . . (Emphasis added.)(Id. IDESIGN000173.) Delivers Consistent Results: 5/5 Exceptional(' ' Delivers Consistent Results: Secures business success and sustainable growth through "bottom line" and action orientation. Creates focus by evaluating and prioritizing the areas with the greatest impact and eliminating less valuable activities. Focuses on accountability and delivery without blame, pushes and motivates self and others for results. Faces challenges head on. Knows how to get things done through formal and informal channels. Breaks down work into process steps, develops schedules and tasks. Quickly senses what will help and hinder accomplishing a goal and adjusts roadblocks, measuring performance against goals. Learns from mistakes and seeks and applies continuous improvement. I-las the functional/technical knowledge required to do the job and works to keep this knowledge current. Drive for results: Consistently hits goals, objectives, and KPIs set by the company. Pushes oneself and others to achieve stretch goals. Maintains focus while acting and talking as if you care about the bottom line. Action Oriented: Exhibits the need for speed and agility within the organization. Can be counted on to exceed goals successfully, is constantly & consistently a top performer, pushes self and others to deliver consistent results. (Emphasis added.) (Id. @ DESIGN000173.) Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ April does impressive work and is a critical leader within the organization. She continues to do amazing work driving marketing results and strengthening the iDesign brand. (Emphasis ackled.)(1d. IDESIGN000 I 73.) Engages Associates & Develops Talent: 4/5 Exceeds Expectations? April continues to evolve and strengthen the quality of her team, band width, and impact. In 2020 due to the pandemic and COVID, this was challenged but to April's credit she did not miss a beat and invested time (albeit remotely) keeping her team focused and encouraging them to leverage remote learning/training opportunities. (Emphasis added .)(k.1. IDESIGN000 7,3.) Navigates Complex Challenges: 4/5 Exceeds Expectations What can be more complex that dealing with a global pandemic, ensuring influencers and brand partners stay engaged, showing up with retailers to provide holistic marketing support and assets, and driving team development and performance remotely as the company/society established the "new normal" of working from home. April kept her team focused and deserves recognition for her hard work and efforts. (Emphasis added.)(h/. a IDESIGN000 I 74 -IDESINCi000I 75.) Overall Comments: April is a critical part of iDesign and is seen as a trusted business partner and high impact player. She has, through her leadership and results orientation taken iDesign from an unknown housewares brand to a globally respected entity that has world class follower base. In 2020, April had an excellent year and continue to drive the iDesign brand to the next level. 1 am excited to support April in 2021 and beyond. (Emphasis added.)(Id. IDESIGN000176.) 7 Engages Associates & Develops Talent: Communicates a clear mission and compelling vision that inspires associates. Brings to life support and enthusiasm for the vision with a clear map and milestones. Sets a high-performance climate where each associate has the opportunity to do what they do best. Finds ways to deploy their strengths and encourages their development. Builds high- performing team behaviors with a strong sense of belonging, team spirit and pride. Embraces the spirit and caring through authentic and genuine work relationships, both inside the organization and out. Treats others fairly and with trust, dignity and respect. Embraces diversity creating inclusive high trust relationships. Has the courage to hold honest, candid discussions, being directed and forceful or diplomatic as required. Self-development includes actively: using existing skills to compensate for weaker skill, building skills in weaker arears, leveraging strengths, and identifying & developing the important skills sets relevant to a position. (Emphasis added.) (Id. @ IDES IGN000173 — I DES KINN° I 74.) Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ In the InterDesign Performance Reviews, the evaluating leadership team member or, as in this case, CEO, has the opportunity to express those areas in which InterDesign needs the employee to improve/develop going forward. (Exs. B & C.) Despite the Defendants' MS.1 alleging that Ms. Boyce's behavior was so egregious that it disrupted the workplace and jeopardized customer relationships in 2020, CEO Quinn failed to find the information significant enough to mention it as a developmental need forward. (Ex. C.) Instead, CEO Quinn asked Ms. Boyce to focus on the following: Developmental Comments: *Next generation marketing innovation April should continue to invest time in bringing to life some of the ideas she has already identified as innovative (i.e. scholarship program) *1,000,000 followers — building off of the momentum April has already delivered in the area of followers, she should work to organically build iDesign's follower base to over 1 .000,000 followers (this would be a tremendous accomplishment) *Signature series — work cross-functionally. to include sourcing around new product launch timing, to ensure brilliant execution and success of this mission critical program *long term marking strategy -- April should invest time finalizing the marketing strategy in support of the OGSP marketing/brand strategy, building of the work she did for the virtual °fissile, identifying budgets, milestones, roadmap, etc. (Id. @, I DES IGN000176 — IDES I GN000177.) There is no mention of alleged leadership problems included by ca.) Chris Quinn in Royce's 2020 Performance Review. To the contrary, CEO Chris Quinn described Ms. Boyce as a "critical leader within the organization," "critical part of iDesign," and a "role model." (N. (i) 1DESIGN000173, IDES IGN000176, and IDESIGN00170.) Furthermore, Mr. Quinn stated that April did an "exceptional job." (W. IDESIGN000170.) CEO Chris Quinn review of Ms. Royce's 2020 performance directly contradicts the allegations in Defendants' MS.) that she faced "substantial challenges collaborating and Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ communicating with her coworkers." (Defendants' MS.I, pg. 7.) As expected, with an exceptionally positive 2020 Performance Review, InterDesign increased Boyce's salary to $175,000 and awarded her a Long-Term Incentive Program contract of $54,603. (Boyce Tr. 123, 126-127, 133 — 134.). Yet again, InterDesign's documentary evidence directly contradicts its assertions that April Boyce's conduct continued to disrupt the workplace and jeopardize customer relationships in 2020. As such, April Royce's 2020 Performance Review is yet another piece of evidence creating a material dispute regarding the Defendants' honest belief in and validity of its proffered legitimate, nondiscriminatory reason for its treatment of Ms. Royce. Defendants' alleged reasons constitute mere pretext. Thus, this Honorable Court should deny Defendants' Motion for Summary Judgment should in its entirety. 4. Defendants were unaware of Aaron Taylor's allegations regarding April Boyce when they reassigned and terminated Ms. Boyce, The incidents relied on by Defendants to argue that Ms. Boyce disrupted the workplace and jeopardized customer relationships in 2020 were disclosed by A21'011 Taylor after CEO Quinn terminated Ms. Boyce. The timing of Defendants learning this information means that they were unaware olthese issues until after they terminated Boyce in February 2021. It is utterly impossible to base decisions on information one does not yet possess. Thus, as detailed below, Defendants assertions are mere pretext. It is impossible for Defendants to have relied on the information identified on pg 8 of their MSJ as a valid, nondiscriminatory rationale for terminating Ms. Boyce. Aaron Taylor and April Boyce were friends. (Taylor Tr. 49, 72; Boyce Aff. Ex. A.) As such, April Boyce talked to him like a trusted friend, not a colleague. (Taylor Tr. 46; Boyce Aff., Ex A). She would vent to Aaron Taylor about her problems and issues with Robert Mountain and James Gallagher, amongst other things. (h1., Taylor 'I'r. 72-73.) Aaron Taylor would listen and Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ provide friendly feedback during these conversations, mostly after hours and during social interactions. Id, Aaron Taylor considered April Boyce, a friend and respected her as a colleague. (Taylor 'F'r. 72.) April Boyce considered Aaron Taylor one of her dearest and closest friends. (Boyce Arc., Fx. A.) Aaron Taylor knew that the information that Boyce shared with him was under the nature of their friendship. not their professional relationship. (Taylor Tr. 72.) Regardless, when he learned that April Boyce was no longer with InterDesign, he decided to share all the private information with CEO Chris Quinn. (Taylor Tr. 70. 71.) After Ms. Boyce was terminated from lnterDesign and Intel-Design promoted Aaron Taylor to Senior Vice President of Global E-Commerce, Aaron Taylor took the following actions: • On Tuesday, February 16, 2021, he reported the details of Ms. Boyce's alleged probing questions about his compensation and lack of a Long-Term Incentive Program contract that occurred sometime in the week ofJanuary 27. 2020. (Exhibit D to Taylor Tr., 'DESIGN 000812 — IDES IGN000813.) (Attached as Ex. E.) • After February 13, 2021, he reported that sometime on two different occasions, Ms. Boyce used a marijuana pen in front of h im;8 (Taylor Tr. 47, 60.) 9 • On Sunday February 14, 2021, Aaron Taylor reported to CEO Chris Quinn that April Boyce had resigned her employment with InterDesign. (Exhibit C to Taylor Tr., IDES IGN000712 — IDESIGN000713) (Attached as Ex. F.) Upon learning that her dear friend had been promoted to Senior Vice President of Global E- Commerce, April Boyce sent Aaron Taylor a text congratulating him on his promotion. (Taylor Tr. Exhibit C, ID1SIGN000712 — IDES IGN0007 I 3.) At CEO Chris Quinn's request, April Boyce 8Defendants' Motion for Summary Judgment added that the smoking occurred during the workday. Aaron Taylor's deposition testimony did not designate that she used the pen during the workday. (Taylor Tr. 47, 60.) 9 April Boyce does not use marijuana. She does have a vape pen. It belongs to her, not her son. It is nicotine, not marijuana based. She never told Aaron Taylor it was a marijuana pen. (Boyce Aff., Ex. A.) Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ informed Aaron Taylor that she had resigned. Id. Shortly after that, Chris Quinn asked Aaron Taylor to provide him with a copy of April Boyce's text. (Taylor Tr. 50. Ex. F.) Aaron Taylor complied. (Id.) When asked why he suddenly decided to share Boyce's personal information with lnterDesign, he said he needed to defend InterDesign's position. (Taylor Tr. 71.) I lowever, when Mr. Taylor disclosed this information, InterDesign was not under attack. The text message he received from Ms. Boyce told him that she and CEO Chris Quinn were still talking about her remaining at InterDesign. (Id.)11) The fact that Defendants were not yet aware of the information provided by Aaron Taylor at the time they made the decisions regarding April Boyce is yet another piece of direct evidence creating a material dispute regarding the Defendants' honest belief in and validity of its proffered legitimate, nondiscriminatory reason for reassigning and terminating Ms. Boyce. As such, this Honorable Court should deny Defendants' Motion for Summary Judgment in its entirety and Ms. Boyce should be permitted to litigation this matter to a jury. D. Defendants' subjected Ms. Boyce to a Hostile Work Environment. April Boyce may establish a violation of R.C. z1-112.02(A)'s prohibition of discrimination "because of * * * sex" by proving either of two types of sexual Harassment: (I) "quid pro quo " harassment, i.e., Harassment that is directly linked to the grant or denial of a tangible economic benefit, or (2) "hostile environment" harassment, i.e., Harassment that, while not affecting economic benefits, has the purpose or effect of creating a hostile or abusive working 10 April Boyce has two recordings from February 12, 2021 of her and Chris Quinn participating in ongoing conversations and negotiations about her remaining at InterDesign. Electronically Filed 07/14/2023 20:23 / BRIEF / CV 21 946416 / Confirmation Nbr. 2910063 / CLCEJ environment, Hampel v. Food Ingredients Specialties, Inc., 89 Ohio St.3d 169, 2000-Ohio-128, 729 N.E.2d 726, paragraph one of syllabus. In order to establish a claim of hostile work environment sexual harassment, April Boyce must show (1) that the I larassmcnt was unwelcome, (2) that the Ilarassment was based on sex, (3) that the harassing conduct was sufficiently severe or pervasive to affect the "terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment," and (4) that either (a) the Harassment was committed by a supervisor, or (b) the employer, through its agents or supervisory personnel, knew or should have known of the Harassment and failed to take immediate and appropriate corrective action. Id. at paragraph two of syllabus. As clearly delineated herein, Ms. Boyce's evidence satisfies each of the elements of a hostile work environment. 1. April Boyce Complained to CEO Chris Quinn of the Harassment. April Boyce was hired as Vice President of Marketing and a member of the Executive Leadership Team. (Boyce MT, Ex. A.) As such, she reported directly to CEO Chris Quinn. (Id.) Shortly after commencing employment at InterDesign. April Boyce started being harassed by James Gallagher and Robert Mountain. (Id. and February 12, 202 I, recorded conversations with CEO Chris Quinn,) She did so under the Complaint Procedure in the InterDesign Employee handbook, which requires that "[ajny employee who feels that he or she has been harassed, sexually or otherwise, should immediately report the matter to his or her immediate supervisor." (Ex. D, pg 8.) Under the InterDesign Employee l landbook, CEO was to "take any allegations of harassment seriously, and to investi