Ohio

The plaintiff-appellant worked as a regional operations director for Total Renal Care, Inc., which operated dialysis centers. The plaintiff received positive reviews by her coworkers and supervisors, but following Total Renal Care’s acquisition, she was transferred to a different group than the one she had previously worked in, which came with a reduced bonus and fewer stock awards. In addition, her employer filled her previous position with a male and promoted another male to a position for which she was potentially eligible.

The plaintiff-appellant worked as a customer service representative for Ferrellgas and received high marks on her employment evaluations. When her employer opened a position for which the plaintiff thought she was qualified, her supervisor discouraged her from applying, saying that it would be a difficult job for her because she had children. About six months later, she reported this conversation to the regional vice president, who mediated a meeting between the two.

The plaintiff-appellant operated an abortion clinic in Dayton, Ohio. Ohio law required it to be licensed, which in part required it to enter into a written transfer agreement with a Dayton-area hospital. When no hospital would enter into such an agreement with the plaintiff, it sought a waiver of the transfer agreement requirement.

The plaintiff-appellant, an abortion clinic, sued the Governor of Ohio, the Attorney General of Ohio, and the prosecuting attorney for Montgomery County, challenging the facial constitutionality of an Ohio law regulating abortions.