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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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