When a car dealership was reorganized by a new boss, the plaintiff-sales managers – who are Black – did not relocate to a new “sales tower” in the middle of the store. No one told plaintiffs not to relocate with the other sales managers. Plaintiffs have not shown that it was their race (or the new manager telling sales associates not to bring deals to them) which led to a decline in their sales numbers; in fact, the decline could just as easily have been a result of their decision to remain in their offices down a side hallway, away from the rest of the sales force.
We affirm summary judgment for defendants as to plaintiffs’ claims of civil rights violations, intentional infliction of emotional distress and negligent hiring. We vacate summary judgment for defendants as to plaintiffs’ conversion claim.
Plaintiffs have also failed to show a hostile environment based on (1) the new boss’s use of the word “thug” to refer to a mixed-race group of employees which included plaintiffs; (2) the new boss saying he wanted to “make Priority Honda great again,” since paraphrasing this campaign slogan is not objectively racist; or (3) a co-worker allegedly telling another employee to “come over to the white side,” since an isolated comment by a peer does not constitute “severe or pervasive” racial harassment.
Plaintiffs have likewise failed to show disparate treatment. Nothing about either the “thugs” or “make Priority Honda great again” comments was facially racially discriminatory,...
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