7th Circuit affirms dismissal of hostile work environment claim

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The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.

In Maetta Vance v. Ball State University, et al., No. 08-3568, Maetta Vance claimed that her co-workers’ racially charged statements along with unfavorable treatment by her superiors created a hostile work environment.

Vance’s complaint stems from incidents that began in 2001, when Saundra Davis, her co-worker in the University Dining Services catering department, allegedly slapped Vance in the back of the head without provocation. Vance orally complained to her supervisors, but because Davis soon transferred to another department, she did not pursue the matter.

Around the same time, Bill Kimes became Vance’s supervisor. She said Kimes refused to shake her hand when they first met, used a gruff tone of voice with her, and made her feel unwelcome. The Circuit Court held that while evidence exists to support that Kimes was generally difficult to work with, there is no cause to believe he treated her differently than others because of her race, and Vance admitted in her deposition that she had never heard him say anything about her race.

In 2005, Davis returned to Vance’s department, and on September 23, 2005, the two had an altercation in the elevator. A few days later, Vance heard from a fellow employee that another co-worker, Connie McVicker, used a racial epithet to refer to Vance and African-American students on campus.

On September 26, 2005, Vance complained orally to her supervisor about McVicker’s statements, and on October 17, 2005, she called University Compliance to request a complaint form. While requesting the document, Vance again complained about McVicker’s racially offensive comments and, for the first time, informed Ball State that Davis had slapped her four years earlier. In early November, Vance submitted a written complaint detailing McVicker’s comments and the elevator incident with Davis.

Ball State investigated the racial epithet and recommended that Kimes give McVicker a written warning due to the seriousness of the allegation. Typically, the university issues a verbal warning for a first offense and a written warning for a second offense. Kimes issued a written warning to McVicker, but was unable to discipline her when Vance alleged McVicker had subsequently called her another racial epithet because there were no witnesses to support Vance’s claim.

Over the course of several years, Vance lodged multiple complaints against her co-workers, stating that they made faces at her, stared at her, and slammed pots and pans when she was nearby. But the Circuit Court held that a hostile work environment claim requires a consideration of all the circumstances because, in the end, it is the employer’s liability that is at issue, not the liability of particular employees. In Vance’s case, the court held she did not prove Ball State was negligent because the university did investigate her claims.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...