Chapter 2745: EMPLOYMENT INTENTIONAL TORT
|| 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.
|| 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.
|| 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.
|| 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