In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 14‐2996
LARRY A. BOSS,
Plaintiff‐Appellant,
v.
JULIAN CASTRO, Secretary of
Housing and Urban Development,
Defendant‐Appellee.
____________________
Appeal from the United States District Court for the
Northern District of Illinois, Eastern Division.
No. 12 C 6007 — Edmond E. Chang, Judge.
____________________
ARGUED APRIL 21, 2015 — DECIDED MARCH 18, 2016
____________________
Before EASTERBROOK and RIPPLE, Circuit Judges, and
REAGAN, District Judge*.
REAGAN, District Judge. Larry Boss worked as a general
engineer for the U.S. Department of Housing and Urban De‐
velopment (“HUD”) from 2002 to 2011. Pursuant to Title VII
* Of the Southern District of Illinois, sitting by designation.
2 No. 14‐2996
of the Civil Rights Act of 1964 (“Title VII,” 42 U.S.C. § 2000e‐
16), he sued the HUD Secretary1 on theories of workplace
discrimination (Boss is an African‐American), retaliation (for
a prior EEOC discrimination complaint), and hostile work
environment. The district court granted summary judgment
against Boss. For the reasons set forth below, we affirm.
I. Background
Our review of the case requires some preliminary discus‐
sion regarding two matters.
First, Boss has challenged the district court’s application
of Local Rule 56.1, which controls the presentation of evi‐
dence at the summary judgment stage. See N.D. Ill. L.R. 56.1.;
Petty v. City of Chi., 754 F.3d 416, 420 (7th Cir. 2014). The rule
requires a movant to submit a statement of material facts
consisting of enumerated, short, numbered paragraphs with
specific references to the record. N.D. Ill. L.R. 56.1(a)(3). The
non‐movant counters with correspondingly numbered para‐
graphs summarizing the movant’s position, responses (with
specific cites to the record), and a statement of any addition‐
al facts that support denial of summary judgment. N.D. Ill.
L.R. 56.1(b)(3). The district court’s discretion to require strict
compliance with Local Rule 56.1 has been upheld time and
again. See Petty, 754 F.3d at 420; Benuzzi v. Bd. of Educ. of City
of Chi., 647 F.3d 652, 654–55 (7th Cir. 2011); Koszola v. Bd. of
Educ. of City of Chi., 385 F.3d 1104, 1109 (7th Cir. 2004); Metro.
Life Ins. Co. v. Johnson, 297 F.3d 558, 562 (7th Cir. 2002).
1 Title VII authorizes suits against the employer as an entity, not
against individual agents of the employer. Smith v. Bray, 681 F.3d 888,
896 n. 2 (7th Cir. 2012).
No. 14‐2996 3
In comparing the district court’s thorough recitation of
the facts to Boss’ Rule 56.1 submission, we find no abuse of
discretion. Tellingly, Boss could not dredge up a single spe‐
cific fact that the district court ignored that would have ma‐
terially altered the Court’s Title VII analysis. Notably, liti‐
gants who challenge a district court’s application of the
Northern District’s Local Rule 56.1 must point to a fact or
facts that (1) should have been considered under the local
rule; (2) were not considered; and (3) are material to the
summary judgment analysis. Instead, Boss points to a pro‐
verbial haystack and asks us to find his needle. We decline to
do so. See D.Z. v. Buell, 796 F.3d 749, 756 (7th Cir. 2015)
(courts not required to “scour the record looking for factual
disputes” or “piece together appropriate arguments”).
Next, we note that a great deal of Boss’ arguments and
evidence is impermissibly intertwined with—and relies up‐
on—the conclusions of an administrative law judge who, in
January 2009, held a hearing on Boss’ 2007 Equal Employ‐
ment Opportunity Commission complaint that included tes‐
timony from Boss and several other witnesses. While we can
consider admissible statements from witnesses in that case
as relevant evidence here, the value of the administrative
judge’s legal conclusions (or, indeed, her factual assertions—
she had no personal knowledge of any factual matter) as ap‐
plied to this case is nil.2 Boss cites no precedent—and we
2 Boss hangs his hat on the administrative judge’s conclusion that
Defendant Ladias subjected him to a hostile work environment in late
2007. While that case is certainly not before us, it bears noting that the
administrative judge reached her conclusion without considering both
the objective and subjective offensiveness of Ladias’ actions. See Orton‐
Bell v. Indiana, 759 F.3d 768, 773 (7th Cir. 2014).
4 No. 14‐2996
find only contrary case law—for the notion that an adminis‐
trative judge’s legal conclusions should have preclusive ef‐
fects on subsequent federal court proceedings. See Welch v.
Johnson, 907 F.2d 714, 719 (7th Cir. 1990) (citing Univ. of Tenn.
V. Elliot, 478 U.S. 788, 796 (1986) (unreviewed administrative
proceedings have no preclusive effect in federal court Title
VII litigation)).
II. Facts
Boss, an African‐American, worked for HUD from 2002
to 2011. For about seven of his nine years, he was supervised
by Eleny Ladias, who evaluated him at the “highly success‐
ful” level from 2002 through 2006. Then, in 2007, he contact‐
ed an EEOC counselor and initiated a race, sex, and age dis‐
crimination complaint against Ladias. The administrative
law judge found no discrimination based on Boss’ immuta‐
ble characteristics, but did find Ladias discriminated against
him for filing the EEOC complaint.
In May 2009, Boss made another informal complaint (this
time claiming only race discrimination and retaliation). He
alleged several discriminatory and retaliatory acts, including
being put on a performance improvement plan (“PIP”) be‐
cause he was behind on “closing out” his assigned grants
(presumably money given by HUD to qualifying organiza‐
tions or individuals). The PIP was initiated in late June or
early July 2008, and ended in November 2008 after Boss
completed his closeouts. Another employee, Alease Thomas
(who helped Boss’ contemporaries process their grants), as‐
sisted Boss with the substantive parts of his closeout as‐
signment.
No. 14‐2996 5
Boss complained about several other matters. He was
marked absent without leave (“AWOL”); he was criticized
for not attending a teleconference; he was assigned cases
from a retired HUD engineer; and he was required to come
to work on what was normally his assigned telework day.
Evidence in the record shows Boss was indeed absent with‐
out having sought leave from his supervisors. He had also
been asked to substantiate his ability to work from home af‐
ter he was unable to complete a task assigned by his super‐
visor.
In October 2009, after HUD received notice of the admin‐
istrative judge’s ruling against Ladias, Boss was transferred
to the supervision of Elmore Richardson, who changed Boss’
midyear evaluation from “highly” to “fully” successful (al‐
legedly in retaliation for Boss’ EEOC activity, but—according
to Richardson—really because it was discovered that Thom‐
as had helped with the late 2008 closeouts).
In July 2012, Boss filed this suit pursuant to Title VII.
Generally, he alleged discrimination (on the basis of his
race), retaliation (on the basis of his EEOC complaints), and
a hostile work environment (which we will generously con‐
strue as stemming from racial motives or from a retaliatory
animus). The district court granted summary judgment,
finding Boss had not adduced evidence to support the asser‐
tion that any of the incidents constituted an adverse em‐
ployment action, that Boss was not subjected to disparate
treatment relative to similarly‐situated employees, and that
Boss had not suffered from a work environment that could
be shown to be objectively hostile. Boss appeals, and we af‐
firm.
6 No. 14‐2996
III. Analysis
We review a district court’s grant of summary judgment
de novo, viewing the evidence in the light most favorable to
the nonmoving party. Gerhartz v. Richert, 779 F.3d 682, 685
(7th Cir. 2015). Summary judgment is appropriate only
where there are no genuine issues of material fact and the
moving party is entitled to judgment as a matter of law. Fed.
R. Civ. P. 56(a); Alexander v. Casino Queen, Inc., 739 F.3d 972,
978 (7th Cir. 2014). We construe all inferences in the non‐
movant’s favor, but he is not entitled to the benefit of infer‐
ences that are supported only by speculation or conjecture.
Nichols v. Mich. City Plant Planning Dept., 755 F.3d 594, 599
(7th Cir. 2014). If there is no triable issue of fact on even one
essential element of the nonmovant’s case, summary judg‐
ment is appropriate. Lewis v. CITGO Petroleum Corp., 561 F.3d
698, 702 (7th Cir. 2009). We may affirm the district court’s
grant of summary judgment for any reason supported by the
record. Wragg v. Vill. of Thornton, 604 F.3d 464, 467 (7th Cir.
2010).
Title VII makes it unlawful for an employer to discrimi‐
nate against any individual “because of such individual’s
race.” 42 U.S.C. § 2000e‐2(a)(1); Alexander, 739 F.3d at 979.
The statute also forbids employers from retaliating against
employees for complaining about prohibited discrimination.
42 U.S.C. § 2000e‐3(a); Chaib v. Indiana, 744 F.3d 974, 986 (7th
Cir. 2014). And as pertinent to this case, Title VII prohibits
subjecting an employee to a hostile work environment. Or‐
ton‐Bell, 759 F.3d at 773.
Boss’ failure to show he suffered an adverse employment
action dooms his discrimination and retaliation claims. As to
No. 14‐2996 7
his hostile work environment claim, Boss cannot show he
was subjected to a workplace that was objectively abusive.
A. Discrete Incidents of Discrimination & Retaliation
Though the framework has received criticism, see Cole‐
man v. Donahoe, 667 F.3d 835, 863 (7th Cir. 2012) (Wood, J.,
concurring), litigants and courts properly discuss Title VII
discrimination and retaliation claims using the language of
the “direct” and “indirect” methods of proof. Simpson v. Bea‐
ver Dam Cmty. Hosps., Inc., 780 F.3d 784, 789–90 (7th Cir.
2015) (discrimination); Harden v. Marion Cnty. Sheriff’s Dep’t,
799 F.3d 857, 861 (7th Cir. 2015) (retaliation). Under either
method, the ultimate question at the summary judgment
stage is whether a reasonable jury could find prohibited
conduct. See Simpson, 780 F.3d at 790. But we still must con‐
sider the two methods separately when reviewing a grant of
summary judgment. Id.
1. The Discrimination Claim
In a Title VII discrimination case, avoiding summary
judgment using the direct method requires a plaintiff to
marshal sufficient evidence (either direct or circumstantial)
that an adverse employment action was motivated by dis‐
criminatory animus. Coleman, 667 F.3d at 845. Direct evi‐
dence—an overt admission of discriminatory intent—is rare,
and not at issue where, as here, no supervisor admits racial
motivation. See Simpson, 780 F.3d at 790.
Circumstantial evidence typically includes (1) suspicious
timing, ambiguous statements (oral or written) or behavior
toward, or comments directed at, other employees in the
protected group; (2) evidence, whether or not rigorously sta‐
tistical, that similarly‐situated employees outside the pro‐
8 No. 14‐2996
tected class received systematically better treatment; or (3)
evidence that the employer offered a pretextual reason for an
adverse employment action. Id. Circumstantial evidence
“must point directly to a discriminatory reason for the em‐
ployer’s action.” Id. (quoting Mullin v. Temco Mach., Inc., 732
F.3d 772, 777 (7th Cir. 2013)). For example, remarks by a de‐
fendant must at least reflect illegal motivation. Id. at 791 (cit‐
ing Sheehan, 173 F.3d 1039, 1044 (7th Cir. 1999)). Further, a
plaintiff’s subjective beliefs are insufficient to create a genu‐
ine issue of material fact under the direct method. Hanners v.
Trent, 674 F.3d 683, 694 (7th Cir. 2012); Mlynczak v. Bodman,
442 F.3d 1050, 1058 (7th Cir. 2006). And under the direct
method, a finding of intentional discrimination may not be
established merely with evidence that a person outside the
protected class was treated better than the plaintiff. Simpson,
780 F.3d at 794.
Because “smoking gun” evidence of discriminatory in‐
tent is hard to come by, the “indirect method” (i.e., the
McDonnell Douglas “burden‐shifting” framework) evolved.
Coleman, 667 F.3d at 845 (citing McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973)). Under the indirect method, a
plaintiff must introduce evidence that he (1) is a member of a
protected class; (2) performed his job satisfactorily; (3) suf‐
fered an adverse employment action; and (4) was treated less
favorably than a similarly‐situated employee outside of his
protected class. Nichols, 755 F.3d at 604–05. A similarly‐
situated employee is one whose performance, qualifications,
and conduct are comparable in all material respects. Widmar
v. Sun Chemical Corp., 772 F.3d 457, 463 (7th Cir. 2014).
If the plaintiff establishes that prima facie case, the burden
shifts to the defendant to provide a legitimate reason for the
No. 14‐2996 9
adverse employment action. Nichols, 755 F.3d at 605. If the
defendant gives a legitimate reason, then the plaintiff must
provide evidence that the defendant’s proffered reason is a
pretext for discrimination. Id. In other words, when a de‐
fendant proffers legitimate, nondiscriminatory reasons for
its employment actions, the defendant wins, unless plaintiff
refutes the underlying facts (which would reveal those rea‐
sons were dishonestly given). Simpson, 780 F.3d at 798.
Under the indirect method, when an employer articulates
a plausible, legal reason for its action, it is not our province
to decide whether that reason was wise, fair, or even correct,
ultimately, so long as it truly was the reason for its action.
Silverman v. Bd. of Ed., 637 F.3d 729, 738 (7th Cir. 2011). The
federal courts are not a super‐personnel department that
second‐guesses facially legitimate employer policies. Wid‐
mar, 772 F.3d at 464. It is not the role of the court to deter‐
mine whether an employer’s expectations were fair, prudent,
or reasonable. Id. So long as its management decision was
not a guise for a discriminatory purpose, we must respect
that decision. Id.
In a discrimination case, a materially adverse employ‐
ment action is one which visits upon a plaintiff “a significant
change in employment status.” Andrews v. CBOCS West, Inc.,
743 F.3d 230, 235 (7th Cir. 2014). Such changes can involve
the employee’s current wealth, his career prospects, or
changes to work conditions that include humiliating, de‐
grading, unsafe, unhealthy, or otherwise significant negative
alteration in the workplace. Lewis v. City of Chi., 496 F.3d 645,
653 (7th Cir. 2007).
Here, no incident comes close to constituting such a
change in employment status. (Insofar as Boss argues for a
10 No. 14‐2996
“totality of the circumstances” view, the caselaw limits that
approach to his hostile work environment claims, which we
consider below. See Hall v. City of Chicago, 713 F.3d 325, 334
(7th Cir. 2013); Ellis v. CCA of Tenn. LLC, 650 F.3d 640, 647
(7th Cir. 2011)). The district court’s summary judgment order
explains why eight separate incidents failed to meet the ad‐
verse employment action standard. Boss points to only three
on appeal: his placement on the PIP, being charged AWOL,
and inordinately strict application of HUD’s telework policy.
(Discrimination claims based on the other five incidents are
forfeited. See Russian Media Grp., LLC v. Cable Am., Inc., 598
F.3d 302, 308 (7th Cir. 2010)).
As to his placement on a PIP, this Court has held that im‐
plementing such a plan is simply not materially adverse in
the discrimination context. Langenbach v. Wal‐Mart Stores,
Inc., 761 F.3d 792, 799 (7th Cir. 2014); Cole v. Illinois, 562 F.3d
812, 816 (7th Cir. 2009). Nor does requiring an employee to
substantiate his time off (and noting when he does not) con‐
stitute an adverse employment action. Longstreet v. Ill. Dep’t
of Corr., 276 F.3d 379, 383–84 (7th Cir. 2002). And asserting
that a “lost” telework day (it wasn’t lost, just rescheduled)
constitutes an adverse employment action borders on the
frivolous. Losing one day of telework hardly constitutes the
“significant change in benefits” needed to trigger Title VII
liability. Lewis, 496 F.3d at 653. See O’Neal v. City of Chicago,
392 F.3d 909, 913 (7th Cir. 2004).
Establishing a prima facie discrimination case requires suf‐
ficient evidence of a materially adverse employment action.
Boss has failed to adduce that evidence, so his discrimina‐
tion case fails.
No. 14‐2996 11
2. The Retaliation Claim
A Title VII plaintiff proceeding under the direct method
must show that (1) he engaged in protected activity; (2) he
suffered a materially adverse employment action; and (3)
there was a causal link between the protected activity and
the adverse action. Harden, 799 F.3d at 861–62 (citing Cole‐
man, 667 F.3d at 859). A causal link requires more than the
mere fact that an employer’s action happens after an em‐
ployee’s protected activity. Silverman, 637 F.3d at 741.
To prove retaliation under the indirect method, a plaintiff
must show that (1) he engaged in protected activity; (2) he
suffered a materially adverse employment action; (3) he was
meeting his employer’s legitimate expectations; and (4) he
was treated less favorably than similarly‐situated employees
who did not engage in protected activity. Harden, 799 F.3d at
862 (citing Argyropoulos v. City of Alton, 539 F.3d 724, 733 (7th
Cir. 2008)). Once a prima facie case is established, a presump‐
tion of retaliation is triggered, and the burden shifts to the
employer to articulate some legitimate, nonretaliatory reason
for its action. Id. (citing Coleman, 667 F.3d at 845). When the
employer does so, the burden shifts back to the plaintiff,
who must present evidence that the stated reason is a pre‐
text, which in turn permits an inference of unlawful retalia‐
tion. Id.
In the retaliation context, determining whether an action
is materially adverse means inquiring whether it well might
have dissuaded a reasonable worker from making or sup‐
porting a charge of discrimination. Burlington N. & Santa Fe
Ry. Co. v. White, 548 U.S. 53, 68 (2006). Because Title VII does
not set forth a general civility code for the American work‐
place, its anti‐retaliation provision does not protect against
12 No. 14‐2996
petty slights, minor annoyances, and bad manners. Id. An
employee must suffer something “more disruptive than a
mere inconvenience or an alteration of job responsibilities.”
Hobbs v. City of Chi., 573 F.3d 454, 463–64 (7th Cir. 2009).
Boss advances five purportedly adverse actions (required
under both methods) that he claims were based on a retalia‐
tory animus. We take them in turn, highlighting their defi‐
ciency in meeting the anti‐retaliation provision’s “materially
adverse action” standard and pointing out several alterna‐
tive grounds for judgment as a matter of law.3
Boss’ telework travails—which in the end constitute a
single reassigned day of flexible worktime—lie far below the
level needed to trigger retaliation liability. Unfair repri‐
mands or negative performance reviews, unaccompanied by
tangible job consequences, do not suffice, so there was no
material adversity when Boss’ boss downgraded him from
“highly successful” to “fully successful,” or when Boss was
disciplined for failing to close out grants. See Jones v. Res‐
Care, Inc., 613 F.3d 665, 671 (7th Cir. 2010). Nor does Boss ad‐
duce admissible evidence that his evaluation or the PIP were
tied to his bonus or any other tangible job consequence. Fur‐
ther, Boss provides no direct causal link between his EEOC
complaint and either the PIP or his performance review,
which happened four months after Ladias became aware of
the EEOC complaint. And regarding his “close‐outs,” which
were the basis for the PIP, Boss identifies not a single similar‐
3 We do not mean to suggest these are the only reasons Boss’ claims
fail. His appeal falls far short on numerous grounds that we need not
address, since missing even a single conjunctive element dooms any of
his theories. CITGO Petroleum Corp., 561 F.3d at 702.
No. 14‐2996 13
ly‐placed employee for whom Alease Thomas did substan‐
tive work like she did for him.
Likewise, Boss’ AWOLs do not constitute activity that
would have dissuaded a reasonable worker from making or
maintaining a discrimination charge. In any event, Boss
identifies no employee who missed work without some sort
of flexible scheduling arrangements, or without being re‐
quired to substantiate their leave, or without being similarly
disciplined. See Herzog v. Graphic Packaging Intern., Inc., 742
F.3d 802, 806 (7th Cir. 2014). Finally—pointing to no admis‐
sible evidence of specific incidents—Boss argues he was sub‐
jected to “a barrage of criticism” and “workplace stresses.”
But conclusory assertions do not constitute evidence, and so
cannot overcome summary judgment. Hart v. Mannia, 798
F.3d 578, 596 (7th Cir. 2015); Montgomery v. Am. Airlines, 626
F.3d 382, 389 (7th Cir. 2010).
Perhaps most damningly, Boss’ employers adduced evi‐
dence showing that he had failed to meet their legitimate
expectations, thereby rebutting any presumption that their
actions were taken in retaliation for Boss’ EEOC case. In oth‐
er words, he was put on a PIP because his performance
needed improving; he was noted AWOL because he was ab‐
sent without leave. Boss attempts to counter with evidence
of pretext on the part of his supervisors, but those efforts are
futile. He must identify other employees who engaged in
comparable misconduct. Argyropoulos, 539 F.3d at 735. His
attempts to do so depend on speculation about other em‐
ployees’ work histories. As an example, Boss points to other
employees who exercise during the day. This is insufficient:
maybe they put in for time off, or maybe they arrive early to
offset the hours, or maybe they were punished too. The rec‐
14 No. 14‐2996
ord doesn’t tell us, and speculation is not evidence. Sum‐
mary judgment on Boss’ retaliation claim was proper.
B. Hostile Work Environment
Title VII, in addition to prohibiting discrimination that
has direct economic consequences, forbids employers from
requiring people to work in a discriminatorily hostile or
abusive environment. Vance v. Ball State Univ.,133 S.Ct. 2434,
2440–41 (2013); Nichols, 755 F.3d at 600. When “the work‐
place is permeated with discriminatory intimidation, ridi‐
cule, and insult, that is sufficiently severe or persuasive to
alter the conditions of the victim’s employment and create an
abusive working environment,” Title VII is violated. Alexan‐
der, 739 F.3d at 982 (quoting Harris v. Forklift Sys., Inc., 510
U.S. 17, 21 (1993)). See also Hobbs, 573 F.3d at 464 (“Retaliato‐
ry harassment can rise to the level of a hostile work envi‐
ronment when it is severe enough to cause a significant
change in the plaintiff’s employment status.”).
Surviving summary judgment on a hostile work envi‐
ronment claim requires sufficient evidence demonstrating
(1) the work environment was both objectively and subjec‐
tively offensive; (2) the harassment was based on member‐
ship in a protected class or in retaliation for protected behav‐
ior; (3) the conduct was severe or pervasive; and (4) there is a
basis for employer liability. Nichols, 755 F.3d at 600 (quoting
Alexander, 739 F.3d at 982). See also Knox v. Indiana, 93 F.3d
1327, 1334–35 (7th Cir. 1996) (recognizing retaliatory hostile
work environment theory). Though there is a paucity of
caselaw on the matter, we see no reason retaliation‐based
actions by an employer must somehow be less objectively
offensive than in the context of sex or race. See Burlington N.
& Santa Fe Ry. Co., 548 U.S. at 68–69; Gowski v. Peake, 682 F.3d
No. 14‐2996 15
1299, 1312 (11th Cir. 2012). We consider the hostile work en‐
vironment claim under a “totality of the circumstances” ap‐
proach. See Ellis, 650 F.3d at 647; Hall, 713 F.3d at 331 (courts
should not carve up incidents of harassment then separately
analyze each one).
Deciding whether a work environment is hostile requires
consideration of factors like the frequency of improper con‐
duct, its severity, whether it is physically threatening or hu‐
miliating (as opposed to a mere offensive utterance), and
whether it unreasonably interferes with the employee’s work
performance. Alexander, 739 F.3d at 982.
Here, those factors, in concert with the absence of admis‐
sible evidence suggesting Boss’ bosses were animated by re‐
taliatory animus, tip strongly against Boss. Boss was not
physically threatened or humiliated, and much of the “inter‐
ference” with his job was, as discussed above, reasonable: it
stemmed from his own failure to meet legitimate employ‐
ment expectations. Without the specter of the (legitimate,
non‐pretextual) PIP, the AWOL marks, and “criticism,” Boss’
allegations become a mishmash of complaints about over‐
work rather than about a place permeated with intimidation,
ridicule, and insult. Such frustrations do not support a hos‐
tile work environment claim, especially where the record
fails to link the actions of Ladias or Richardson to retaliatory
animus. See Orton‐Bell, 759 F.3d at 774 (plaintiff required to
show offensive, severe events happened because she was a
woman).
Alternatively, we look to the objective offensiveness of
Boss’ supervisors’ actions. Any notion of a race‐based hostile
environment can be quickly dispatched. The record contains
not a single racially offensive remark, email, or other hint of
16 No. 14‐2996
racial animus. In any event, Boss did not argue the point be‐
low; it is forfeited.
Regarding potential retaliatory hostile work environ‐
ment, analogs to the race and gender contexts show this case
lies far below the objective standard for an abusive environ‐
ment. This Court has affirmed summary judgment where a
plaintiff grieved of non‐threatening, non‐humiliating con‐
duct in the form of a comment that could have been con‐
strued as racial (and some abuse of other protected employ‐
ees for non‐racial reasons), Luckie v. Ameritech Corp., 389 F.3d
708, 713 (7th Cir. 2004); where the plaintiff was referred to
(out of his presence) as a “black motherf‐‐‐er,” Smith v. N.E.
Ill. Univ., 388 F.3d 559, 566 (7th Cir. 2004); and where a plain‐
tiff was called a “black n‐‐‐‐r” (albeit once) by a co‐worker,
Nichols, 755 F.3d at 601. On the other hand, we have found
hostile work environments where a plaintiff was referred to
by a racial slur between five and ten times, Rodgers v. West‐
ern‐Southern Life Ins. Co., 12 F.3d 668, 675–76 (7th Cir. 1993);
where a plaintiff was subjected to at least 18 sex‐based com‐
ments over ten months, Boumehdi v. Plastag Holdings, LLC,
489 F.3d 781, 786 (7th Cir. 2007); and where an employee was
given a completely duplicative (and mind‐numbing) task,
forbidden from speaking to her co‐workers, prohibited from
meetings, and barred from taking on more work, Hall, 713
F.3d at 328, 331.
The facts in this case are a far cry from the type of offen‐
siveness that supports a hostile work environment claim.
Boss was assigned tasks he did not prefer, but those tasks
were far from the mind‐numbing tasks that had already
been performed in Hall. Nowhere in the record are com‐
ments meant to intimidate him, threaten him, or which
No. 14‐2996 17
would be so severe or persuasive as to alter his work envi‐
ronment. The evidence does not suffice to show a workplace
permeated with discriminatory ridicule, intimidation, and
insult, or one where Boss’ supervisors acted against him for
any prohibited reason. The district court properly granted
summary judgment on Boss’ hostile work environment
claim.
IV. Conclusion
For the foregoing reasons, the district court’s entry of
summary judgment against Larry Boss is AFFIRMED.