Gates v. Bd. of Educ. of Chi.

916 F.3d 631
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 20, 2019
DocketNo. 17-3143
StatusPublished
Cited by165 cases

This text of 916 F.3d 631 (Gates v. Bd. of Educ. of Chi.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gates v. Bd. of Educ. of Chi., 916 F.3d 631 (7th Cir. 2019).

Opinion

Hamilton, Circuit Judge.

Plaintiff Fred Gates testified that his direct supervisor, Rafael Rivera, addressed him with the N-word twice, and once threatened to write up his "black ass." The district court granted the employer's motion for summary judgment on Gates's claim for a racially hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. In granting summary judgment for the defendant-employer, the district court noted that Gates faced a high bar, "as '[t]he workplace that is actionable is one that is "hellish." ' " Gates v. Board of Education of the City of Chicago , No. 15-CV-1394, 2017 WL 4310648, at *13 (N.D. Ill. Sept. 28, 2017), quoting Perry v. Harris Chernin, Inc. , 126 F.3d 1010, 1013 (7th Cir. 1997) (alteration in original). The court ultimately decided that Rivera's comments were not severe or pervasive enough to *633rise to the level of a hostile work environment, an adverse employment action that could entitle Gates to relief under Title VII. Id. at *15.

The district court's analysis erred in two respects. First, it relied on the "hellish" standard, which is not a standard a plaintiff must satisfy. See Jackson v. County of Racine , 474 F.3d 493, 500 (7th Cir. 2007) ; Johnson v. Advocate Health and Hospitals Corp. , 892 F.3d 887, 901 (7th Cir. 2018), quoting Harris v. Forklift Systems, Inc. , 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) ("Title VII comes into play before the harassing conduct leads to a nervous breakdown."). Second, the district court failed to focus on the difference in our hostile environment cases between having the plaintiff's co-workers show racial hostility and having the plaintiff's supervisor show racial hostility, especially in using such poisonous racial epithets as shown in the evidence here. See, e.g., Robinson v. Perales , 894 F.3d 818, 828-29 (7th Cir. 2018) ; Rodgers v. Western-Southern Life Insurance Co. , 12 F.3d 668, 675 (7th Cir. 1993). While we affirm all other portions of the district court's judgment, we reverse on the claim for a racially hostile environment.

I. Factual and Procedural Background

A. Facts Relevant to Summary Judgment

Our account of the facts reflects the defendant Board's choice to move for summary judgment. As required, we give plaintiff Gates the benefit of conflicts in the evidence and make reasonable inferences in his favor. Terry v. Gary Community School Corp. , 910 F.3d 1000, 1004 (7th Cir. 2018) ; Johnson , 892 F.3d at 893. The Board and its witnesses will be free to offer their own conflicting evidence at trial, and we do not vouch for the objective truth of Gates's testimony that we must credit in this appeal.

Gates is an African-American male born in 1965. He has been a building engineer with the Chicago Board of Education since 2004. In 2010, Gates was hired to fill the sole engineer position at William C. Goudy Technology Academy. He reported to school principal Pamela Brandt until December 2012, when Rafael Rivera became his supervisor. Rivera was a facilities engineer who oversaw engineering work at sixteen schools, including Gates's. Because Rivera supervised so many schools, he and Gates saw each other in person only three times or so per month.

Gates's issues with Rivera began in June 2013. Gates testified that at a performance meeting that month, Rivera told him: "you will not be promoted because of your age and because you're black[.]" Despite Rivera's comment, Gates still applied for a promotion in July and August of 2013, which he did not receive. Gates testified that Rivera prevented him from getting a better job.

According to Gates, in the late summer of 2013, Rivera's behavior became increasingly offensive. Gates testified that on several occasions Rivera uttered racial epithets against him. Gates described one meeting with Rivera at his school in July or August of 2013. Rivera passed gas and then asked Gates why he did not laugh in response. Gates responded that he did not know why he should laugh or why it was funny. Rivera said "you know what they call that[?]" Gates asked "call what?" and Rivera responded "[w]hen someone fart and a black guy's sitting there." Gates said "no," and Rivera answered, "you call that a shit-sniffing nigger." Gates claimed that he complained about this incident to Rivera's supervisor at the time, Ms. Bilqis Jacob-El. Gates testified that Jacob-El asked him whether he had told anyone else about the *634comment. He said no. She then instructed Gates to keep to himself the details of his encounter with Rivera.

Gates also claimed that in November 2013, Rivera again came to Gates's school and spoke with him. At this meeting, Rivera yelled at Gates, telling him "you will kiss the principal's ass to make her happy" or Rivera "would write [him] up, which would cause [Gates] to get low work evaluations and get fired." Gates testified later that Rivera specifically threatened to write Gates's "black ass up." Gates also testified that in a March 2014 meeting, Rivera ordered him to sit down, prompting the following exchange:

I said I don't want to sit down, Rafael. He said, well, I'm your boss. I'm ordering you to sit down. So I said I'm not going to sit down. He said I'm tired of you people. I said who are you referring to? He said, nigger, you know what I'm talking about. So I walked out of the library.

On appeal, the Board argued that Rivera could not have exposed Gates to a racially hostile work environment because his interactions with Gates were too infrequent.

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916 F.3d 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-bd-of-educ-of-chi-ca7-2019.