Nichols v. Michigan City Plant Planning Department

755 F.3d 594, 2014 WL 2766776, 2014 U.S. App. LEXIS 11815, 123 Fair Empl. Prac. Cas. (BNA) 478
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 19, 2014
Docket13-2893
StatusPublished
Cited by334 cases

This text of 755 F.3d 594 (Nichols v. Michigan City Plant Planning Department) 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
Nichols v. Michigan City Plant Planning Department, 755 F.3d 594, 2014 WL 2766776, 2014 U.S. App. LEXIS 11815, 123 Fair Empl. Prac. Cas. (BNA) 478 (7th Cir. 2014).

Opinion

WILLIAMS, Circuit Judge.

James Nichols sued his employer, the Michigan City Area Schools (“Michigan City”), alleging two Title VII violations. First, Nichols claimed that Michigan City required him to work in a hostile work environment at a school where he was a temporary janitor. However, he does not provide sufficient evidence that demon *598 strates that the harassment he allegedly suffered was severe or pervasive. Second, he claimed that Michigan City fired him because of his race. Once again, Nichols does not show sufficient evidence that his alleged harasser, Bette Johnston, was a proximate cause of his firing because affidavits from Nichols’s supervisors show that he would have been let go even if there was no feud between him and Johnston. After discovery, Michigan City moved for summary judgment, which the district court granted. The record on appeal supports summary judgment in favor of Michigan City, and we affirm the district court’s judgment.

I. BACKGROUND

In January 2011, the Michigan City Area Schools (“Michigan City”) hired James Nichols as a temporary, substitute janitor. Nichols first worked at Joy Elementary School without incident. Then he was sent to Springfield Elementary School as a replacement until a permanent janitor could be found for a recently retired janitor.

On his first day at Springfield Elementary, Nichols asked four employees where the janitor’s closet was located. Unfortunately, none of them knew. After fifteen minutes of walking around, Nichols eventually found the closet. Later on, Nichols ran into the employees whom he had previously asked for help. When they saw that he found the room, they said to him, “Oh, you found it.” Nichols believes that they said this in a mocking manner. Later that day, Nichols met Bette Johnston, the food service manager and his co-worker at Springfield Elementary. During their first meeting, Nichols claims that Johnston raised a towel, waived her hand as if she was scared of him; and mumbled something.

On Nichols’s second day at Springfield, a purse was left unattended in an area Nichols was cleaning. It was never determined who owned the purse, but Nichols suspected it was a ruse designed to catch him in the act of stealing the purse. Nichols believes his co-workers tried to entrap him because he is African-American. Nichols alleges that on his third day, a teacher’s aide pointed out his grandson and told Nichols not to speak with the child. The aide then, according to Nichols, stared at him during lunch. After lunch, Nichols cleaned the cafeteria floor and left to take out the trash, but when he came back, he found debris on the floor. He found this suspicious because no students were present when he left the room.

Nichols claims other incidents with racial undertones occurred as well. On one occasion, Nichols alleges that Johnston was walking with her assistant, and as they walked by, Johnston said to him, “You’re a black n-r.” When Nichols asked her what she said, Johnston responded that she was joking. On another occasion, Nichols alleges that Johnston was standing in the cafeteria with a group of school employees and while standing there he heard her say, “Where that boy at?” The group did not know that Nichols was within earshot, but he believes that the term was directed at him and was used in a racially derogatory manner.

On February 7, 2011, after an altercation between Johnston and Nichols, Principal Lisa Emshwiller asked Nichols’s supervisors, Doug Schroeder and John Yeakey, to meet with her because she felt that Nichols was acting strangely. Emshwiller was the principal of Springfield Elementary, and Schroeder and Yeakey were maintenance foremen in the Plant Planning Department of the Michigan City Area Schools who were responsible for the maintenance staff at Michi *599 gan City’s schools and support buildings. Although all three worked for Michigan City in some capacity, there is no evidence in the record that Emshwiller was Nichols’s supervisor or had any power to fire him.

After Emshwiller called Nichols’s supervisors, Nichols asked to meet with her to report that he believed Johnston was harassing him. At that time, she told him that Johnston had filed a report complaining about his behavior. Johnston claimed that Nichols attempted to surreptitiously take photos of her. Nichols confirmed Johnston’s account, but claimed that he did so to catch her in the act of mistreating him. Johnston also claimed that she bought him lunch, but that Nichols did not want it and shoved it back at her and said that he was praying for her. Nichols denied Johnston’s allegations and claimed that Johnston marked the floors with pink highlighter (which turned out to be scuff marks from shoes), threw food on floors he had just cleaned, and bullied people. According to Nichols, it was during that meeting that he first informed Emshwiller that he had been called a racial epithet.

Following the meeting, Emshwiller met separately with both Schroeder and Yea-key to discuss what steps should be taken. It was at that time that Emshwiller told Schroeder and Yeakey that she and Johnston felt threatened by Nichols’s accusations and strange behavior. Schroeder and Yeakey informed Emshwiller that they decided to remove Nichols from his assignment at Springfield Elementary. Shortly after the meeting, Schroeder and Yeakey ran into Nichols, at which point he told them about his issues with Johnston and how she allegedly tried to set him up. According to them, Nichols appeared agitated, spoke very quickly, and sweated profusely. At that point, Yeakey told Nichols that the custodial position would be filled with a permanent employee the following week and that they would call him if they needed his services, but they never did.

In January of 2012, Nichols filed a pro se complaint against Michigan City asserting racial harassment and discrimination. Michigan City moved for summary judgment. Nichols timely filed his response, but attached unsworn and unverified statements in support of his motion. Michigan City filed a reply motion arguing that Nichols did not allege sufficient facts to support his harassment and discrimination claims. In addition, Michigan City filed a motion to strike the unsworn and unverified statements contained in Nichols’s response. Despite the deficiencies in Nichols’s memorandum, the district court considered his claims. In August 2013, the district court granted Michigan City’s motion in its entirety, finding that the complained-of conduct did not give rise to Title VII liability, and Nichols now appeals.

II. ANALYSIS

Nichols argues that the district court erred in granting summary judgment in favor of Michigan City. We review a district court’s grant of summary judgment de novo and construe all facts and inferences in the light most favorable to Nichols as the non-movant. Smiley v. Columbia Coll. Chi., 714 F.3d 998, 1001-02 (7th Cir.2013). However, Nichols is not entitled to the benefit of “inferences that are supported by only speculation or conjecture.” Argyropoulos v. City of Alton, 539 F.3d 724, 732 (7th Cir.2008) (citations and quotations omitted). “A factual dispute is ‘genuine’ only if a reasonable jury could find for either party.” SMS Demag Aktiengesellschaft v. Material Scis. Corp.,

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Bluebook (online)
755 F.3d 594, 2014 WL 2766776, 2014 U.S. App. LEXIS 11815, 123 Fair Empl. Prac. Cas. (BNA) 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-michigan-city-plant-planning-department-ca7-2014.