[Cite as Moody v. Ohio Dept. of Mental Health & Addiction Servs., 2021-Ohio-4578.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Tony Moody, : Plaintiff-Appellant, : No. 21AP-159 (Ct. of Cl. No. 2019-01146JD) v. : Ohio Department of Mental Health and : (REGULAR CALENDAR) Addiction Services, : Defendant-Appellee. : D E C I S I O N Rendered on December 28, 2021 On brief: William J. O'Malley, for appellant. Argued: William J. O'Malley. On brief: Dave Yost, Attorney General, Gregory S. Young, and Eric A. Walker, for appellee. Argued: Eric A. Walker. APPEAL from the Court of Claims of Ohio SADLER, J. {¶ 1} Plaintiff-appellant, Tony Moody, appeals from a judgment of the Court of Claims of Ohio granting summary judgment in favor of defendant-appellee, Ohio Department of Mental Health and Addiction Services ("ODMHAS"), on Moody's claims for race and national origin discrimination and retaliation. For the following reasons, we affirm in part and reverse in part. I. FACTS AND PROCEDURAL HISTORY {¶ 2} Moody was born in Sierra Leone and immigrated to the United States in 2003, becoming a naturalized citizen in 2017. Beginning in 2013, Moody worked for ODMHAS as a Therapeutic Program Worker ("TPW") at Twin Valley Behavioral Healthcare No. 21AP-159 2 ("Twin Valley") in Columbus, Ohio. Prior to his employment at Twin Valley, Moody worked as a State Tested Nursing Assistant ("STNA") at the Cleveland Clinic and a medical center in Louisiana, and as a TPW for the Ohio Department of Developmental Disabilities. Moody's first annual evaluation at Twin Valley, completed in mid-2014, reflected favorable ratings, indicating Moody met expectations in all relevant areas. {¶ 3} Moody was placed under the supervision of Tony LeMaster in 2015. That same year, Moody received formal workplace discipline three times. On April 6, 2015, Moody was verbally reprimanded for engaging in horseplay. Following that incident, LeMaster instructed Moody to read some provided materials and prepare a performance improvement action plan within one week. Moody failed to complete the assignment by the deadline and on May 5, 2015, he was given a written reprimand for failing to timely complete the performance improvement assignment. In September 2015, Moody was given a one-day working suspension for creating a disturbance in the workplace. On Moody's 2015 annual review, LeMaster indicated Moody met expectations in all areas except communication with his peers and supervisors and teamwork and communication. Moody believed the discipline he received in 2015 was because of his race and national origin, and because of a harassment claim he filed against a registered nurse at Twin Valley. {¶ 4} Moody transferred to a different supervisor; his annual reviews for 2017 and 2018 were favorable, indicating Moody met or exceeded expectations in all relevant areas. Moody did not receive formal workplace discipline again until 2018. {¶ 5} On June 21, 2018, Moody did not report to work despite being scheduled to work that day. When contacted by his supervisor, Moody explained he thought he was not scheduled to work that day …
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