Plaintiff alleges former employer SK Food Group of race-based workplace discrimination

In a recent legal battle, an individual has accused their former employer of discrimination and retaliation, raising questions about workplace fairness and legal procedures. Didier Alapini filed a complaint against SK Food Group in the Franklin County Court of Common Pleas on March 27, 2024, alleging race and national-origin discrimination as well as retaliation under Ohio’s anti-discrimination laws.

The case centers around Alapini’s tenure at SK Food Group, where he began working as a Power Industrial Truck Operator in October 2018. According to court documents, Alapini claims that his supervisor, Kevin Stout, engaged in behavior that was abrasive and rude. In February 2021, Alapini reported this conduct to SK Food’s Human Resources department but did not initially allege that it was racially or nationally motivated. However, he later filed a charge with the Ohio Civil Rights Commission (OCRC) on April 29, 2021, asserting ongoing racial and national origin discrimination from 2019 through 2021. His allegations included being subjected to threats, insults, verbal abuse, mockery, arrogance, yelling, and disparities in treatment by his supervisor.

Alapini resigned from SK Food Group in May 2021 shortly after filing his OCRC charge. Although his resignation letter did not cite discrimination as the reason for leaving—stating instead “Return to School”—he later characterized his departure as a constructive discharge due to an intolerable work environment. Despite receiving a right-to-sue letter from OCRC and refiling his complaint with additional claims of constructive discharge in March 2024, the trial court granted summary judgment in favor of SK Food Group.

The court found that Alapini failed to exhaust administrative remedies regarding constructive discharge since he did not amend his OCRC charge post-resignation nor include extensive facts that would prompt an investigation into the end of his employment. Additionally, the court ruled that any claims based on constructive discharge were time-barred by Ohio’s two-year statute of limitations for such actions because they were not part of the original complaint filed within the statutory period.

Alapini’s appeal challenged these findings but ultimately failed to address all grounds for dismissal adequately. The appellate court affirmed the trial court’s decision primarily because Alapini did not contest its determination regarding the statute of limitations effectively barring his claims related to constructive discharge.

Representing Alapini is Michael W. DeWitt from DeWitt Law LLC while Natalie M. McLaughlin and Brian W. Dressel from Vorys Sater Seymour and Pease LLP represent SK Food Group. The case was presided over by Judge Boggs with Case ID No. 25AP-314.