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Janitor loses pro se complaint alleging discrimination

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The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.

James Nichols sued the Michigan City Area Schools pro se, alleging two Title VII violations: hostile work environment and that he was fired because  he is African-American. Nichols worked as a temporary janitor at Springfield Elementary and claimed that he was harassed by co-worker Bette Johnston. He alleged she made racial slurs toward him, acted scared of him, and she and other employees tried to bait him into stealing items from an unattended purse.

The school principal spoke with Nichols’ supervisors at the Plant Planning Department about concerns regarding Nichols’ “strange” behavior. The supervisors decided to remove Nichols’ from the school and told him if they had any other work, they would call, but they never did.

The District Court granted Michigan City’s motion for summary judgment in its entirety.

The 7th Circuit found Nichols’ hostile work environment claim failed because he did not provide sufficient evidence for a reasonable juror to conclude that he was subjected to harassing conduct that was severe or pervasive. He argued that Johnston’s alleged “black n----r” comment constituted severe harassment.

“… while referring to colleagues with such disrespectful language is deplorable and has no place in the workforce, one utterance of the n-word has not generally been held to be severe enough to rise to the level of establishing liability,” Judge Ann Claire Williams wrote.

Nichols can only succeed if the totality of the collection of allegedly harassing incidents triggers liability. “While it is a close call whether the conduct here is severe or pervasive, Nichols’ claim ultimately fails,” she wrote.

He never alleged that he was physically threatened and the alleged harassment didn’t interfere with his work performance. Finally, the judges concluded that a reasonable trier of fact couldn’t conclude that all of the allegedly harassing comments were directed at him.

And the judges held his claim that he was fired because of his race fared no better than his harassment claim. They found he did not provide enough evidence to survive summary judgment. Evidence was presented by the school that employees were concerned about his mental state and he acted strangely the day he was fired. In addition, the school was going to fill his job with a full-time janitor the next week, regardless of Nichols’ work performance.

Because he did not meet his legal burden, the 7th Circuit affirmed summary judgment in James Nichols v. Michigan City Plant Planning Department, Michigan City Area Schools, 13-2893.  
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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