Full opinion text
ORDER ON MOTION FOR SUMMARY JUDGMENT McKINNEY, District Judge. This matter is before the Court on a motion filed March 2, 1998, by the defendant, Tractor Supply Company (“TSC”), seeking summary judgment in its favor on all claims raised in the complaint. TSC argues that the plaintiff, James A. Motley (“Motley”), has failed to present sufficient evidence to show that he was subjected to a hostile work environment because of his race, or that he was retaliated against for filing a charge of discrimination, or that he was terminated for a discriminatory reason. Motley filed his initial complaint in state court on February 13, 1995, but it was removed to this Court on March 8, 1995, after which an amended complaint was filed on July 23, 1996. In it, Motley alleges that his former employer, TSC, discriminated against him because of his race and in retaliation for filing a charge of discrimination with the Indiana Civil Rights Commission (“ICRC”), all of which violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended (“Title VII”). In response, TSC filed a counterclaim against Motley charging him with presenting false claims, in bad faith, because of his own racial animus, and with conspiring to deprive others of equal protection of the laws. Specifically, defendant alleges that Motley maliciously ridiculed' and harassed other TSC employees, and threatened them with physical harm. Relying on 42 U.S.C. § 1985(3) for its counter-complaint, TSC seeks money damages and injunctive relief. TSC’s counter-claim issues are not included in the pending summary judgment motion, and will not be addressed at this time. The March 1998 motion for summary judgment is the second such motion filed by the defendant, the first having been withdrawn after the Seventh Circuit’s ruling in Pryner v. Tractor Supply Co., 109 F.3d 354 (7th Cir.), cert. denied, — U.S. —, 118 S.Ct. 294, 139 L.Ed.2d 227 (1997). Both sides have thoroughly presented their positions with respect to the merits of the Title VII claims, as well as their supporting'evidence, and the Court is now prepared to rule on the motion. For the reasons given below, defendant TSC’s motion for summary judgment is GRANTED, in part, and DENIED, in part. I. FACTUAL BACKGROUND James A. Motley, an African-American resident of Indianapolis, began working for TSC, a national retailer of home, farm and auto supplies, in May of 1990. Motley Aff. ¶ 2. Initially he worked as a janitor in TSC’s Indianapolis distribution center (“Distribution Center”), but he subsequently became a warehouse associate, or “picker.” Id. ¶ 3. A picker’s job involved separating the merchandise delivered by truck to the Distribution Center, for subsequent delivery to TSC’s various retail store outlets in several states. Id. After a ninety-day probationary period, Motley became a member of the collective bargaining unit at the Distribution Center in August 1990, and as such he was covered by the terms and conditions of a collective bargaining agreement (“CBA”) between TSC and the Chauffeurs, Teamsters, Warehouse-men and Helpers Local Union No. 135 (the “Union”). Defs Ex. A, Paxton’s First Aff., Exs. 2, 3 (“Paxton I Aff.”). He was classified as a “25%” worker, which meant that he would be assigned at various times to different areas and supervisors. Motley Dep. Dated October 24, 1994, at 225 (“ICRC Dep.”). According to Distribution Center manager, Lloyd Paxton (“Paxton”), the CBA between the Union and TSC had successive three year terms during the time Motley worked for the defendant: one from April 30, 1990, to April 30,1993, and a second from April 30, 1993, to April 30, 1996. Paxton I Aff.Ex. 2, 3. It included provisions that prohibited discrimination by either the Union or the employer on the basis of, among other things, race, color or national origin, as well as a clause agreeing that all disputes “involving interpretation or application of the provisions of’ the CBA would be subject to binding arbitration. Id. Contract negotiations during the relevant periods were often marked by labor unrest. Motley Dep. Dated September 14, 1995, at 157 (“Fed.Dep.”); Paxton I Aff. ¶ 8. Unidentified employees engaged in vandalism, dissemination of anti-management literature, and various other visual displays of union members’ displeasure. Motley witnessed this type of activity when he first started working at TSC, and again during 1993. Fed.Dep. at 157. It appears that during labor negotiations the workplace became unpleasant and tense at times. However, Motley claims the workplace was even more unpleasant for him. He claims to have been harassed because of his race during the course of his employment and accuses a white co-worker, Keith Bland (“Bland”), of harassing him from the beginning of his employment at TSC. Motley Aff. ¶ 6. The only incident Motley specifically described occurred within a month of the time Motley began at TSC, in May 1990. ICRC Dep. at 98-99. Bland allegedly told Motley that Bland had not “kicked a nigger’s ass in a long time.” Id. Motley complained right away to the manager of the Distribution Center, Steve Lippman, who told him he could do nothing about it because Motley was still a probationary employee. Motley Aff. ¶ 4. According to Motley, the Union’s representative told him the same thing. Id Bland allegedly “continued to harass Motley” by using racial slurs and threats, which ultimately led to a physical confrontation between the two on June 13, 1995. Motley stated that these incidents “would be reported to my immediate supervisor and at no time was any action taken against Bland” till the June 1995 incident. Motley Aff. ¶ 6. Both Bland and Motley were given a three-day suspension for this incident, Bland for using racially derogatory language, Motley for physically threatening Bland, and both of them for fighting. Id., Ex. A, B. Motley has presented no corroborating evidence from anyone who may have witnessed Bland’s earlier behavior. Another person who allegedly harassed Motley was MacKendall Pompey (“Pompey”), an African-American who was promoted to a supervisory position at the Distribution Center in 1991. ICRC Dep. at 212; Paxton’s Second Aff. ¶ 2 (“Paxton II Aff.”). According to Motley, once Pompey was promoted “the racist came out of’ him. ICRC Dep. at 150. Pompey allegedly referred to Motley as “boy” and “poor trash,” and once he called him a “stupid nigger.” ICRC Dep. at 68, 220. The latter incident occurred in April of 1993, after Motley had filed a grievance and a charge of discrimination naming another supervisor, Lisa Ooley (“Ooley”), as one who had harassed him. Id. Motley complained that Ooley, who became a supervisor in February of 1993, harassed him because of Pompe/s instructions to do so. ICRC Dep. at 212; Fed.Dep. at 239. Ooley never used any racial slurs or made any racial comments to Motley. ICRC Dep. at 212. Neither Pompey nor Ooley were ever direct supervisors of Motley’s, and Ooley had no control over the terms and conditions of his employment. Id. at 214-15, 224. Yet, according to Motley, Ooley and Pompey both would comment on his performance and instruct him to stop talking, or get to work, or get back to his area, or criticize his picking. ICRC Dep. at 212-15, 224-26; Fed. Dep. at 82-83. Motley complained to his union steward about these incidents of alleged harassment, but not to management. ICRC Dep. at 154. According to Motley, he also subjected to racial slurs or harassment by Mike Kerulis (“Kerulis”), another management employee. ICRC Dep. at 235. Kerulis was responsible for assigning Motley to a shift upon his return from a leave in November of 1993. Id. Having bid on the shift he had previously been working, Motley was surprised and upset to learn he was assigned to a different shift. Id. When he asked Kerulis about it, Kerulis allegedly stated “I can’t keep you two niggers on the same shift,” meaning Motley and co-worker Vince Pryner (“Pryner”). Id. At one other time after Motley returned from his leave and prior to his discharge, Kerulis reportedly used this same racial slur with reference to Motley. According to Jerry Bonebrake (“Bonebrake”), another co-worker of Motley’s, Kerulis said he was going to “have to get rid of that nigger.” Bonebrake Dep. at 60. Another person allegedly using racial slurs and discriminating against Motley was Larry Goldberg (“Goldberg”), a TSC corporate vice-president. Motley Aff. ¶ 17. According to Motley, more than once Goldberg tried to “bribe” him to drop the ICRC action by asking him how he would like to make $73,-000.00 a year as a plant manager in Omaha. Fed.Dep. at 133. This occurred approximately in late 1993 or early 1994. Id. at 133. Motley asked Goldberg, “is it guaranteed?” and Goldberg replied, “Nothing’s guaranteed.” Id. Motley then said, “Well, hell, I don’t want it then.” Id. After that comment, Goldberg allegedly said, “That’s the problem with your black ass ... Can’t do nothing for you.” Fed.Dep. at 133-34. A subsequent exchange between the two, at an unspecified time, allegedly involved Goldberg’s use of the word “nigger,” which Motley said he reported to Paxton. Fed.Dep. at 134. The incident is not mentioned in either of Paxton’s affidavits, and no deposition testimony was provided from Paxton. Nevertheless, other TSC workers reported having heard a supervisor using a racial slur. According to co-worker Sandra Dugger (“Dugger”), supervisor Ray Kilbarger (“Kilbarger”) used the word “nigger,” but not in connection with any specific employee at TSC. Dugger Dep. at 11, 30. Dugger began working at TSC on February 25, 1993, and her deposition was taken on December 1, 1995. Dugger Dep. at 6. Although Dugger does not say exactly when she overheard Kilbarger use this word, it appears that she was testifying about events that occurred after Motley filed his charge of discrimination. She also stated that once while she was walking past supervisor Ron Diedring (“Diedring”), she overheard him say something “about blacks being so much trouble and wondering why, you know, everybody wasn’t getting along.” Dugger Dep. at 14-16. Diedring did not mention any particular employees, and Dugger could not recall many details of the incident, or when it occurred. Id. at 16-17. This was the only time she heard Diedring make any comments about black people. Id. According to Dugger, Diedring was not at TSC for very long and these comments were made shortly before he quit. Dugger Dep. at 14-15. Bonebrake reported overhearing Pompey calling Motley and Pryner “niggers,” and Kerulis referring to Motley in the same manner. Bonebrake Dep. at 11-12, 60. At first, Bonebrake placed these incidents as happening in the summertime, “about three years ago.” His deposition was in December of 1995. Bonebrake Dep. at 11. From .the context, however, it is more likely he was referring to the summer of 1993. Id. at 11-12. He recalled hearing the two “talking about this lawsuit.” Id. at 12. Thus, the discussion must have occurred after Motley had filed his charge with the ICRC. Finally, Terry Kimble (“Kimble”), another co-worker, testified that Pompey called Motley and Pryner “niggers” a “couple of times on different occasions.” Kimble Dep. at 29-30, 32. He described one incident that seems to have happened in 1993, after TSC filled its newly-created “lead positions” and the lead employees were functioning in their new positions. Id. at 29. The second incident was described as occurring not too long before Pryner left TSC, which was also after April of 1993. Id. In early 1993, at the time TSC and the Union were negotiating a CBA for the next term, management and employee relations became strained at the Distribution Center. Def s Ex. A, Paxton I Aff. ¶ 8; Ex. B, Penny Aff. ¶ 3. Sometime during that period, unknown persons engaged in anti-company activities, which included damaging warehouse equipment and merchandise, disseminating anti-management literature, creating anti-company graffiti, and stringing a rope from the ceiling that looked like a hangman’s noose. Penny Aff. ¶ 3. Motley’s supervisor at the time, Ory Penny (“Penny”), stated that the rope incident was “generally understood to be an act against management” and not a racial incident. Id. Penny is African-American. Id. ¶ 1. Motley, however, interpreted it as an act of racial animosity. ICRC Dep. at 207-211. The rope was removed as soon as Penny saw it, and he recalls no similar rope incidents during the rest of the time he worked at TSC, which was until July 1993. Id. ¶¶ 2, 3. Despite his thorough investigation, Penny could not determine who had been responsible for this display. Id. Motley, on the other hand, recalls that the ropes were frequently displayed in a hangman’s noose fashion. Fed.Dep. at 156-57, 198-99. He also recalls two of his co-workers coming up to him at some unspecified time, but when the ropes were on display, and asking if a black man was getting hung. ICRC Dep. at 210. Along with the display of hangman’s nooses, and alleged racial slurs and harassment just described, Motley claims that the environment at TSC was made hostile by other racial incidents. Among those is one that occurred in 1991, in which someone scratched the word “nigger” into the paint on Motley’s car while it was parked in TSC’s parking lot. ICRC Dep. at 202-03; Motley Aff. ¶14. Motley did not say whether he reported this incident to anyone, but indicated he did not file a charge of discrimination in 1990-91 because the incidents were not that bad, and he did not think anyone would do anything about it. ICRC Dep. at 203. In addition, he stated that he did not know an employee could file against his company, so he decided that if anyone else touched his car, he would take matters into his own hands. Id. Finally, in 1993 during the contract negotiations, Motley’s time card and production time sheet were allegedly written on by someone. Bonebrake reported the incident to Motley, who states that he did not actually see the writing. Bonebrake told Motley that someone had written something about doing something to Motley on the time card, and a similar message- appeared on Motley’s production sheet a few days later. ICRC Dep. at 202; Motley Aff. ¶ 14. Penny investigated the incident but he was unable to learn who was responsible. Motley Aff. ¶ 16; Paxton I Aff. ¶ 9; Penny Aff. ¶ 4. Even though Motley did not see the time card or know if the writing involved any racial slurs, he interpreted the event as having to do with his race. Bonebrake did not say whether the writing contained any racial slurs. ICRC Dep. at 202. After this event, Motley filed his first grievance with the union complaining about the alleged racial harassment he had endured at TSC. Paxton I Aff., Ex. 1(a), Motley April 19, 1993, Grievance; Fed.Dep. at 225. The grievance stated “I had nigger wrote on my jeep and dumb black ass wrote on my time card and dumb black ass on my work sheet.” Id. Although he had just reported this incident to his immediate supervisor, Penny, Motley indicated in the grievance that no one in management did anything about it. Id.; Fed.Dep. at 225. Also included in the grievance were allegations about the May 1990 incident with Bland; about Pompey targeting him for harassment and saying that he was going to get rid of either Motley or Pryner; and about Ooley singling him out and telling him to get to work while ignoring white workers’ inactivity. Paxton I Aff., Ex. 1(a), Motley April 19,1993, Grievance. The Union asked management for, and was given, time to investigate the alleged discrimination and harassment, but before it could complete the investigation Motley filed his charge with the ICRC. Paxton I Aff. ¶ 9. In that charge, Motley said that he had been employed by TSC since May 1990, and during that time he had been subjected to a racially hostile environment. Paxton I Aff., Ex. 1(b), Motley April 26, 1993, Charge with ICRC. For example, he reported that “racial slurs have been written on my time card, most recently in April 1993____Racial slurs have been written on my car and lynching ropes have been hung from the warehouse ceiling.” Id. In addition, Motley complained that supervisors Pompey and Ooley “harass me on a daily basis by making my job more difficult. Pompei [sic] refers to me as ‘nigger’ and ‘boy,’ and has stated to me and another black employee that he is going to get rid of us ‘niggers.’ [Ooley] constantly criticizes me for minor things, but does not treat similarly situated whites in the same manner.” Id. He also stated his belief that he had been discriminated against based on his race and that management was aware of the racially hostile environment and had failed to remedy it. Id. Management claims not to have known of the alleged treatment Motley received from Pompey until he filed his grievance and charge in late April 1993, after which vice-president Goldberg gave Motley his direct telephone number. Fed.Dep. at 135-37, 409. Goldberg, who told Motley to call him if Pompey “keeps harassing you or calling you the N word,” indicated he would not tolerate such conduct. Id . Although Motley had already filed his charge with the ICRC by the time Goldberg spoke with him, he did not tell Goldberg, who was unaware of the charge. Id. at 419. When Goldberg learned that Motley had filed a charge, he was upset and told Motley that he had not given management a chance to fix the problem. Id. Subsequently, Goldberg told Motley that he was bright and could have a future at TSC if he would follow in Pompey’s footsteps. Motley Aff. ¶ 17. Motley reported he understood this to mean that if he would hassle and discriminate against other blacks, he could be a supervisor. Id. Nevertheless, Goldberg offered Motley a chance at a job in Omaha as a plant manager, with a significant increase in pay. Fed.Dep. at 133-35. Motley refused to take the chance. Id. According to Motley, Goldberg, Jerry Newkirk, who is one of the owners of TSC (“Newkirk”), Pompey and Penny were “looking for black supervisors.” Motley Aff. ¶ 10; Fed.Dep. at 319. Pompey allegedly told Motley that if he wanted to become a supervisor he would have to follow in Pompey’s footsteps. Fed.Dep. at 319. All of these statements were taken by Motley as bribes to get him to drop his discrimination complaint, although none of the testimony specifically linked the possibility of a management position with Motley dropping the ICRC action. Motley also considered Pompey and Goldberg’s statements as retaliation and harassment for his having filed a charge. He testified that he was subjected to additional harassment by Pompey, Ooley and Kerulis about “minor matters” after the charge, and that he was not allowed to return to his former shift. Motley Aff. ¶¶ 13, 17. Goldberg, who Motley states “was aware of this increased pattern of racial discrimination,” had taken Pompey “under his wing and made him invulnerable to any complaints that [Motley] would make.” Id. ¶ 17. When this perceived harassment and retaliatory conduct became too much for him, Motley took a “stress leave” beginning May 21,1993. Motley Aff. ¶ 18. He was on leave from May 21 until November 30, 1993, at which time he returned and was told by Kerulis that he would be placed on a different shift than he had requested, and away from Pryner. ICRC Dep. at 235; Motley Aff. ¶ 19. Motley claims that he reported this comment to supervisor Diedring, who stated that he would talk to Kerulis. Motley Aff. ¶ 19. Nevertheless, Motley felt that the conditions of his work environment unchanged or worse when he returned from leave, which led to his taking another stress leave in 1994. Motley Aff. ¶ 20. Upon return from the second stress leave, in October 1994, Motley began to be followed around the warehouse by three supervisors, which Motley perceived as harassing conduct. Id. In particular, Pompey would drive up to Motley in his golf cart and watch him until Motley noticed, then drive off. Id. Despite all of this treatment, Motley continued to perform his job as well as he could, which was evaluated in May 1995 as ranging from good to “highly effective.” Motley Aff. ¶ 24, Ex. E. In December 1994, Motley received a certificate of achievement for performance above the standards set for his position, and another one in March 1995. Id. No evidence was presented regarding whether giving such awards was a recent, or a longstanding practice. Offsetting the quality of Motley’s work performance, however, was his irregular attendance. Motley claims that, “as a result of the continuing racial harassment and hostile work environment,” he began to have attendance problems, including absences, tardies, and early departures. Motley Aff. ¶ 25. TSC had a written attendance policy that allowed employees three excused absences in a calendar year, and then began charging them with a fourth absence or more. Paxton I Aff., Ex. 2, 1993-1996 CBA, Attendance Policy. The policy also says, “This attendance policy is an annual policy, meaning that it is effective for each calendar year and that only chargeable offenses exceeding 4 in number will be carried over to the following year one year from the offense.” A similar system was employed for tardies and early departures. When an employee reached the fourth absence, he or she would be given a verbal warning, a fifth absence yielded a written warning, a sixth, a three-day suspension, and a seventh would result in discharge. Id. On July 13, 1995, Motley arrived at work late due to a meeting with his attorney, but his wife had called in to notify his supervisor that he would be late. Motley Aff. ¶ 25. At that time, he had six chargeable tardies and six chargeable absences carried over from the prior year, and he had used up his free absences. Ooley Aff. ¶ 8. He had been absent January 6, 10, 27, March 2, April 19, November 4, of 1994, for a total of six absences during calendar year 1994. These absences placed him at the sixth penalty level until one year after the sixth absence had occurred, or November 4, 1995. Id. In 1995, Motley used his three free absences on January 9, 17, and February 2, 1995. The July 13, 1995, absence (or tardy) was his seventh absence (or tardy), and he was terminated that day. Motley Aff. ¶ 25, Ex. H. Ooley was responsible for maintaining the attendance records for TSC warehouse associates at all relevant times, and she informed TSC supervisor Paxton of Motley’s seventh absence. Ooley Aff. ¶ 8. Motley’s “Corrective Action Report,” in which his termination was recorded, was signed by Jim Lippold, but Motley did not sign it or make any comments. Motley Aff., Ex. H. II. DISCUSSION A. Summary Judgment Standard Summary judgment is granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). An issue is genuine only if the evidence is such that a reasonable jury could return a verdict for the opposing party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A disputed fact is material only if it might affect the outcome of the suit in light of the substantive law. Id. The moving party has the initial burden to show the absence of genuine issues of material fact. See Schroeder v. Barth, 969 F.2d 421, 423 (7th Cir.1992). This burden does not entail producing evidence to negate claims on which the opposing party has the burden of proof. See Green v. Whiteco Indus., Inc., 17 F.3d 199, 201 & n. 3 (7th Cir.1994). The party opposing a summary judgment motion bears an affirmative burden of presenting evidence that a disputed issue of material fact exists. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Scherer v. Rockwell Int'l Corp., 975 F.2d 356, 360 (7th Cir.1992). The opposing party must “go beyond the pleadings” and set forth specific facts to show that a genuine issue exists. See Hong v. Children’s Mem. Hosp., 993 F.2d 1257, 1261 (7th Cir.1993), cert. denied, 511 U.S. 1005, 114 S.Ct. 1372, 128 L.Ed.2d 48 (1994). This burden cannot be met with conclusory statements or speculation, see Weihaupt v. American Med. Ass’n, 874 F.2d 419, 428 (7th Cir.1989), but only with appropriate citations to relevant admissible evidence. See Local Rule 56.1; Brasic v. Heinemann’s Inc., Bakeries, 121 F.3d 281, 286 (7th Cir.1997); Waldridge v. American Hoechst Corp., 24 F.3d 918, 923-24 (7th Cir.1994). Evidence sufficient to support every essential element of the claims on which the opposing party bears the burden of proof must be cited. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In considering a summary judgment motion, a court must draw all reasonable inferences “in the light most favorable” to the opposing party. Spraying Sys. Co. v. Delavan, Inc., 975 F.2d 387, 392 (7th Cir.1992). If a reasonable factfinder could find for the opposing party, then summary judgment is inappropriate. Shields Enters., Inc. v. First Chicago Corp., 975 F.2d 1290, 1294 (7th Cir.1992). When the standard embraced in Rule 56(c) is met, summary judgment is mandatory. Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Shields Enters., 975 F.2d at 1294. B. Discriminatory Discharge No direct evidence has been presented to support a finding that Motley was discharged based on his race or in retaliation for filing a charge of discrimination. Therefore, he can prevail only by utilizing the indirect method of proof first articulated in McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and refined in Texas Dept. of Community Aff. v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981) and St. Mary’s Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). Although this framework was originally applied only to Title VII claims, it has been adapted to retaliation claims. See Rennie v. Dalton, 3 F.3d 1100, 1108-09 (7th Cir.1993), cert. denied, 510 U.S. 1111, 114 S.Ct. 1054, 127 L.Ed.2d 375 (1994). Under this analytical framework, the plaintiff initially must introduce sufficient evidence that, if believed or undisputed, would support a prima facie case of discrimination or retaliation. Hicks, 113 S.Ct. at 2746-47; Rennie, 3 F.3d at 1108-09. To establish a prima facie case of discrimination under Title VII, a plaintiff must prove the following: 1. membership in a protected group; 2. satisfactory job performance; 3. adverse employment action; and 4. more favorable treatment of “similarly situated” employees outside the protected group. Hughes v. Brown, 20 F.3d 745, 746 (7th Cir.1994); Lenoir v. Roll Coater, Inc., 13 F.3d 1130, 1133 (7th Cir.1994); Hong v. Children’s Memorial Hosp., 993 F.2d 1257, 1261 (7th Cir.1993), cert. denied, 511 U.S. 1005, 114 S.Ct. 1372, 128 L.Ed.2d 48 (1994). The elements of a prima facie case establishing retaliation require a showing that: 1. plaintiff engaged in a legally protected activity; 2. employer subsequently took adverse employment action against plaintiff; and 3. employment action was caused by plaintiffs participation in protected activity (called by courts the “causal link”). Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir.1991); Lloyd v. Bridgeport Brass Corp., 811 F.Supp. 401, 407 (S.D.Ind.1993). The first element of a retaliation claim, however, is modified by the condition that for plaintiffs to have engaged in a protected activity, they must have reasonably believed in good faith that the practice they opposed violated Title VII. Alexander v. Gerhardt Enters., Inc., 40 F.3d 187, 195 (7th Cir.1994). Once the employee makes a showing sufficient to prove a prima facie case he or she will enjoy a rebuttable presumption of discrimination that shifts the burden of production to the employer to “articulate a legitimate, nondiscriminatory reason” for the adverse employment action. Anderson, 13 F.3d at 1122. The employer does so by producing evidence, whether or not persuasive, of a nondiscriminatory reason. Hicks, 113 S.Ct. at 2747 (noting that the plaintiff retains the ultimate burden of persuasion on the issue of intentional discrimination). If the employer succeeds in this task, the presumption dissolves and the burden of production shifts back to the plaintiff “to show that the employer’s proffered reasons are a pretext for ... discrimination” or retaliation. Anderson, 13 F.3d at 1122 (citing Weihaupt, 874 F.2d at 426-27); Lloyd, 811 F.Supp. at 405. The plaintiff can prove pretext by showing that, 1) the employer’s stated reason has no basis in fact; 2) although based on fact, the stated reason was not the real reason; or 3) the stated reason was insufficient to warrant the adverse employment action. Hughes, 20 F.3d at 747; Samuelson v. Durkee/French/Airwick, 976 F.2d 1111, 1114 (7th Cir.1992); Lloyd, 811 F.Supp. at 405. However, at the summary judgment stage, a plaintiff must produce evidence sufficient for a rationale fact-finder to infer that the employer lied-about its proffered reasons. Russell v. Acme-Evans Co., 51 F.3d 64, 68 (7th Cir.1995) (pretext does not mean mistake, “[i]t means a lie, specifically a phony reason for some action.”); Schultz v. General Elec. Cap. Corp., 37 F.3d 329, 334 (7th Cir.1994), cert. denied, 515 U.S. 1145, 115 S.Ct. 2584, 132 L.Ed.2d 833 (1995). It is not enough to show that the employer was mistaken, or that others disagree. “There is a fine line between evidence that appropriately challenges the employer’s proffered reasons as being' unworthy of credence and evidence that merely shows that the employer made a mistake or a bad business judgment.” Schultz, 37 F.3d at 334 (quoting Kralman v. Illinois Dep’t of Vet. Aff., 23 F.3d 150, 156 (7th Cir.1994)). Unless there is some showing of discriminatory motive, courts do not question an employer’s good faith business decisions. Id. There are two actions that Motley identifies as adverse employment actions: the harassment and his discharge. He also suggests two unlawful motives for each action: discrimination on the basis of race, and retaliation for filing a charge of discrimination. Having reviewed all of the evidence regarding Motley’s discharge, the Court finds that insufficient evidence was presented to create a genuine issue about either motive he suggested for that employment action. Under the race discrimination theory, Motley’s evidence would not allow a rational jury to find that he had been performing his job satisfactorily, or that similarly-situated employees not of his race received more favorable treatment. Instead, the evidence shows that TSC discharged him based on his violation of its written attendance policy, that is, he was absent or tardy for the seventh time within a year. Motley does not dispute any of the recorded absences or tardies, or the existence of an attendance policy, or the fact that the written attendance policy was distributed to all TSC employees. Rather, he disagrees with how TSC applied its attendance policy in his case. According to Motley, TSC should only count chargeable absences or tardies for the twelve month period immediately preceding the date in question. For instance, he was absent (or tardy) on July 13, 1995, which means under his interpretation that the “look back” period would be from July 14,1994, to July 13,1995. During that period the number of chargeable absences Motley counted was two (November 4,1994 and July 13,1995), and the number of tardies was five. Consequently, Motley argues that he should not have received discipline for a seventh absence on July 13, 1995, but only for a fourth absence occurring in that one-year period. The Court does not agree. TSC’s attendance policy stated it was administered on a calendar year basis, meaning that the number of chargeable absences (exceeding four) accumulated during one calendar year would be carried over to the next. The only limitation on that system was that carried-over chargeable absences are forgiven one year after the last offense in the previous calendar year. Thus, if an employee reaches a certain penalty level in one calendar year, such as six absences (for which he would be suspended for three days), he will stay at that level until one year after he incurred that sixth absence. Ooley Aff. ¶¶ 4-6; Paxton I Aff.Ex. 2, CBA for 1993-1996, Attendance Policy. This is both a reasonable interpretation of the written attendance policy, and the interpretation actually used by TSC. Id. With Motley’s interpretation of the policy, chargeable absences would be dropped from the count one year after each one occurred, in effect making it a rolling twelve-month, rather than a calendar year, policy. For example, if in the previous year a sixth chargeable absence was recorded in November and the fifth chargeable absence had occurred in June, then in July of the current year the fifth absence would have dropped off, and the employee would have only one chargeable absence on his record (the November one). If this method were used, an employee would avoid being discharged for excessive absences unless all seven were accumulated within one year’s time. In other words, there would be no carry-over of a specific penalty level,. rather each absence would be treated independently of the others. Such treatment seems inconsistent with, and would dilute, the “progressive discipline” effect of TSC’s written attendance policy. That, however, is beside the point. Even though Motley’s interpretation of the attendance policy is a viable one, it is not how TSC interpreted or applied it prior to Motley’s termination. Ooley Aff. 19. To create a genuine issue regarding this fact, Motley would need evidence that TSC had actually applied the attendance policy in the way he suggests, either in the past or with other employees. Unfortunately, Motley has offered no evidence that would contradict 00-ley’s testimony about how TSC’s policy worked. Instead, he has merely offered his opinion about how it should have worked. He is not entitled to have a jury decide which is the better way. An employer has the right to interpret and apply its own policies according to its business needs, as long as it does not discriminate based on protected characteristics. See Schultz, 37 F.3d at 334. Not only has Motley offered no evidence to show that TSC really applied the attendance policy as he now suggests, the evidence he does provide demonstrates that' he understood exactly how the policy worked. From early in his employment with TSC Motley had attendance problems, as reflected in the Absentee Calendars he supplied with his response. In 1991 he accumulated four absences, leading to a verbal warning, and five tardies, resulting in a written warning. Pi’s Ex. M. By March 30, 1992, Motley had five absences for that year, leading to a written warning, and he accumulated five tardies by the end of the year. Id. Due to a clerical error, however, the “fifth offense” level was not carried over into 1993, which worked in Motley’s favor, as did a similar clerical error for another employee. Ooley Aff. ¶ 10. Id. In 1993, Motley collected five tardies and four absences, in addition to using more than six months of personal leave. Pi’s Ex. L. By April of 1994, Motley had reached his fifth absence for that year, and between July 29 and October 28, 1994, he took another personal leave. Pi’s Ex. J. After his return, he was absent a sixth time on November 4, 1994. It was this absence that carried over into the following year and led to his dismissal in July of 1995. Motley’s own testimony reveals that he was no stranger to the attendance system at TSC. He boasted that he knew how to maximize his absences or tardies, take the three-day suspension imposed for a sixth absence, and not let them “get him.” Fed.Dep. at 72. “I know where the limitation is. I know how many days I can miss, and I can get to the last one.” Id. He claims that he got to the sixth level, and took the three day suspension, for “three years in a row.” Id. He also said he could take the suspension “on all of my stuff and still make it to the next year.” Id. Given these admissions in his prior testimony, Motley’s argument in connection with this motion as to the interpretation of the attendance policy is not persuasive. After considering the written policy, Motley’s undisputed absences and the other uncontested evidence, the Court finds that Motley was not meeting his employer’s expectations for attendance. Thus, he has failed to present sufficient evidence to meet prong two,of his prima facie ease for race discrimination. Nor was Motley treated any less well than others with attendance problems, which is the class of workers who would be considered similarly-situated in these circumstances. TSC has pointed to five other employees who were discharged in 1995 for having a seventh chargeable absence, Keith Bland, Jerry Bonebrake, Douglas Bowling, William Rickett and Jay Decker. Ooley Aff. ¶ 7, Ex. 1, 2, 3, 4, 5. Although Bland, Bonebrake and Bowling accumulated all seven of their absences during calendar year 1995, Rickett and Decker had chargeable offenses carried over from 1994. Ooley Aff. ¶ 7, Ex. 4, 5. All of these coworkers were white males. Paxton II Aff. ¶ 6. Motley has offered no proof to contradict this evidence or to show that any other TSC employee who had accumulated seven absences or tardies escaped the consequences of the written policy. Thus, he has also failed to meet the fourth element of his prima facie case of race discrimination. Even if Motley had succeeded in making his prima facie case, TSC has provided a legitimate reason for his discharge: he accumulated his seventh absence under the written attendance policy. In response, Motley has offered the same arguments and evidence to show that TSC’s proffered justification for his discharge was a pretext for discrimination. It fares no better in that context than it did with his prima facie case. Consequently, Motley has failed to survive summary judgment on his claim of discriminatory discharge. His claim of retaliatory discharge appears defeated for the same reasons as the discriminatory discharge claim. Yet, Motley’s theory that he was terminated in retaliation for filing a charge suffers from other weaknesses as well. Assuming that Motley’s ICRC charge of discrimination constituted protected activity, and that his discharge was the relevant adverse employment action, the Court has seen no evidence of a causal link between the two. Motley filed his charges of discrimination in April and May of 1993, and his discharge occurred more than two years later, in July of 1995. Such a temporal gap does not give rise to an inference of a causal link. See McClendon v. Indiana Sugars, Inc., 108 F.3d 789, 797 (7th Cir.1997) (close temporal connection may satisfy causal link element, but the greater the distance between protected activity and adverse action, the less likely the two are related); see also Vanasco v. National-Louis Univ., 137 F.3d 962, 969 (7th Cir.1998) (if timing is not close, plaintiff must have something more to prove causal link). Motley has also failed to provide something more to substantiate a causal relationship between his protected activity and his ultimate discharge. Instead, he persists in trying to show that the proffered reason for his discharge, excessive absences, was pre-textual, and hoping for an inference that the real reason was to retaliate against him. His pretext argument suffers the same problem here as in his disparate treatment claim, he simply has no evidence to show that TSC’s expressed reason was a lie. Rather, he merely offers his own bare assertions and arguments, which are not enough. See Cliff v. Board of Sch. Comm. City of Indianapolis, 42 F.3d 403, 412 (7th Cir.1994). In an attempt to connect the discharge with his prior charge of discrimination, Motley suggests that TSC changed its attendance policy after his protected activity. According to this theory, the enforcement of workplace rules changed because TSC wanted to get back at him for filing his complaint, and TSC somehow knew that Motley would violate those changed rules, which would allow TSC to terminate his employment. Essentially, he asks the Court to find sufficient evidence of- indirect causation to allow him to shift the burden of production to TSC. In support of this argument, he points to the fact that his 1992 offenses were not carried over to 1993, but those from 1993 were carried into 1994. Pi’s Ex. J, L. He offers this as proof that TSC changed the way it administered the attendance policy after he filed his charge of discrimination, and it did so because of, or in retaliation for, Motley’s protected activity. This argument would be stronger if Motley could show that he was the only employee to experience a change in the attendance policy. Yet, the evidence shows that the policy was applied equally to other Distribution Center employees. The Court finds this argument too contrived to be consistent with the notion of a causal link. Without some evidence that the changes only applied to those employees who had filed charges of discrimination, Motley fails to make a prima facie case of retaliatory discharge on this ground as well. Even if the Court could logically adopt this indirect causation argument, another problem bars its use in this case. Motley filed his charge of discrimination in April 1993, while the alleged adverse action, changing the way attendance deficiencies are carried over, occurred approximately eight months later. Again, temporal proximity will not create an inference of a causal link between the two activities. See McClendon, 108 F.3d at 797. “A telling temporal sequence” may establish the link, but “telling” means that “the employer’s adverse action follows fairly soon after the employee’s protected expression.” Davidson v. Midelfort Clinic, Ltd., 133 F.3d 499, 511 (7th Cir.1998). The “hint of causation” weakens as the period of time lengthens. Id. In Davidson, the plaintiff was discharged five months after she filed a charge of discrimination, and the court found that “the order in which the events occurred [did] not by itself suggest a causal link between them.” Id. Instead, additional proof of a causal nexus was necessary for Davidson to succeed in meeting the third element of a prima facie case of retaliation. Id. Like Davidson, Motley has failed to provide the additional proof of causation needed to show that the alleged change in attendance policy was a result of his charge of discrimination. Consequently, no genuine issue of material fact prevents the Court from finding that summary judgment should be granted in favor of TSC on Motley’s discriminatory and retaliatory discharge claims. C. Unlawful Harassment 1. Standards By enacting Title VII, Congress attempted to pass a law that would prevent the perpetuation of stereotypes and the corresponding degrading of persons who share certain protected characteristics, both of which close off employment opportunities to those persons. Andrews v. City of Philadelphia, 895 F.2d 1469, 1483 (3d Cir.1990). The underlying purpose of Title VII was to remove artificial, arbitrary and unnecessary barriers to employment when those barriers operate to discriminate on the basis of race, sex or other protected characteristics. Id. The Supreme Court has held that Title VII is violated when a person is subjected to a hostile environment created by severe and pervasive harassment because of a protected characteristic. See Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64-65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). A plaintiff may successfully bring a racial harassment claim based on an alleged hostile environment by showing that the defendant’s or its agent’s conduct was “sufficiently severe or pervasive to alter the conditions of [the plaintiffs] employment and create an abusive working environment.” Meritor, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Hutchison v. Amateur Elec. Supply, Inc., 42 F.3d 1037, 1043 (7th Cir.1994). Such a determination cannot be made by a “mathematically precise test,” but instead is determined by looking at the totality of all the circumstances. Hutchison, 42 F.3d at 1043 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 114 S.Ct. 367, 371, 126 L.Ed.2d 295 (1993)). In Harris, the Supreme Court developed a non-exhaustive list of factors to be considered when determining whether a workplace has been rendered hostile or abusive. Dey v. Colt Const. Co., 28 F.3d 1446, 1453 (7th Cir.1994). Although all of the circumstances must be considered, courts are to pay particular attention to the “frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris, 114 S.Ct. at 371; Dey, 28 F.3d at 1453. These factors must be evaluated from both a subjective and an objective perspective. Dey, 28 F.3d at 1454. Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond' Title VII’s purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim’s employment, and there is not a Title VII violation. Id. (quoting Harris, 114 S.Ct. at 370). Therefore, courts consider not only the actual effect of the conduct, but also the effect such conduct would have on a reasonable person in the plaintiffs position. Id.; see also Daniels v. Essex Group, Inc., 937 F.2d 1264, 1271-72 (7th Cir.1991). Relatively isolated incidents of non-severe misconduct will not suffice to support a claim of racial harassment. See Saxton, 10 F.3d at 533. But a series of offensive statements or misconduct, if sufficiently severe and pervasive, could constitute an objectively hostile environment. Dey, 28 F.3d at 1456. 2. Statute of Limitations A preliminary task is necessitated by Motley’s attempt to include conduct that the defendant argues is barred by the statute of limitations for Title VII claims. In this state, Title VII allows for the filing of a claim of discrimination only in relation to incidents that have occurred within 300 days of the date of the filing. 42 U.S.C. § 2000e-5(e)(l). Motley concedes that because he filed his first charge of discrimination on April 26, 1993, § 2000e-5(e)(1) would limit his claim to incidents occurring after June 30, 1992. Pi’s Brf. at 4. However, he has attempted to include incidents that occurred in 1990 and 1991 as proof of the allegedly hostile environment he suffered because of his race. To. justify reaching back, Motley invokes the “continuing violation” theory, which allows otherwise time-barred incidents to be brought in a charge if the plaintiff can show a present violation, and that it would have been unreasonable to expect him to sue before the statute of limitations had run on the prior conduct. See Galloway v. General Motors Serv. Parts Open, 78 F.3d 1164, 1167 (7th Cir.1996). In Galloway, the court noted that if it was not apparent when the earlier conduct occurred that it was a discriminatory act, or if the act did not rise to the level of severity to constitute actionable harassment or identifiable harm, then a plaintiff may include it in a claim based on related conduct that occurred within the limitations period. Id. at 1166. The key to the continuing violation theory is to link the time-barred incidents with related conduct occurring within the limitations period. See Speer v. Rand McNally & Co., 123 F.3d 658, 663 (7th Cir.1997). In this way, the linked acts are treated as one continuous act that ends within the limitations period. Id. The purpose is to allow a plaintiff to include prior acts “whose character as discriminatory ... was not apparent at the time they occurred.” Id. at 663-64 (citing Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994)). To successfully employ this tactic, Motley needs to show why it would have been unreasonable for him to have recognized that he was the victim of discrimination at an earlier date. Instead, Motley claims to have been the victim of racial harassment from the first day of his employment at TSC, and he admits that he waited three years to file a grievance, a formal complaint, or a charge of discrimination. To explain this neglect of his civil rights, Motley states that he did not think it was that bad at first, which might justify use of the continuing violation theory if a reasonable person would have thought the same. He also argues that he did not know an employee could file against his company, and he thought that if he complained to his employer, nothing would be done about it. ICRC Dep. at 203. Nevertheless, he now maintains that he should not be penalized for tolerating relatively isolated instances of bad conduct while giving his employer time to remedy the situation. Pl’s Brf. at 4-5. In fact, it is TSC’s continuing failure to take reasonable steps to remedy a “known racial harassment problem,” that Motley claims is the relevant continuing violation of Title VII. Pl’s Brf. at 4. According to Motley, it would be improper to hold him to the 300-day limitations period, and consequently bar his inclusion of the earlier conduct from this claim, for “having faith that [his] employer [would] remedy the situation.” Pl’s Brf. at 5. This same “tolling” argument was rejected by the court in Speer, and Motley does not establish why it was more reasonable for him to tolerate the alleged earlier harassment than for Speer to do so. Speer, 123 F.3d at 664. It is undisputed that Motley was aware of the nature of the alleged acts he wishes to include — he even complained about one of them to a supervisor long before its statute of limitations expired. However, Motley’s own testimony is that he did not report the conduct to his employer because he thought it would be futile. At the same time, he argues in his brief that he did not file a charge within 300 days of the earlier conduct because he “had faith” that his employer would remedy the situation. He does not explain this faith in his employer with respect to when he would file a charge and its absence in connection with making an internal complaint. Nevertheless, the 300 day period of limitations is intended to provide a reasonable amount of time in which the employer could remedy a known discriminatory situation. When that does not happen, the employee is expected to file his charge, or forget it. However, the employer is not obligated by Title VII to act unless it knows, or should have known, that the employee has been wronged. Thus, Motley’s “continuing violation by failure to remedy” theory will not work without some evidence from which a jury could conclude that TSC knew or should have known of the alleged harassment prior to the time of the grievance and the charge. C.f. Jansen v. Packaging Corp. of America, 123 F.3d 490, 493 (7th Cir.1997) (employer who is negligent in hiring, supervising, monitoring or retaining plaintiffs supervisor is liable for supervisor’s harassment). Motley argues that “it is simply impossible that TSC management was unaware of any harassment.” Pl’s Brf. at 12. His support for this argument is not sufficient to show that TSC knew or should have known about the alleged harassment. Absent knowledge of any wrongful conduct, TSC could not be found to have continued to violate Title VII by failing to remedy a known racial harassment situation. Motley primarily wishes to include the alleged racial insult by Bland within the first three months of his employment in 1990, and the 1991 incident in which “nigger” was allegedly scratched into the paint of his car in TSC’s parking lot. With respect to the Bland incident, Motley knew it was racially discriminatory, and he complained about it to a supervisor, who took no action to remedy it. Three hundred days later, the statute of limitations on this incident had run. Motley seeks to include Bland’s 1990 insult in this action because he claims that Bland continued to harass him throughout his employment at TSC, culminating in the fight in June of 1995. The trouble is, Motley was told when he first reported Bland’s conduct that TSC could do nothing because Motley was still a probationary employee. Thus, Motley knew, or should have known, that if Bland’s conduct continued after his probationary period ended, he could report it again to the Distribution Center’s manager and obtain assistance. At no time does Motley claim to have done so, nor does he explain why he did not return to Lippman. Instead, he claims he reported it to other unspecified supervisors, at unspecified times, and to Pompey, a supervisor Motley contends was also harassing him. When he reported it to Pompey he was allegedly told, “forget about it,” and “don’t worry about it.” Motley Aff. ¶ 12. Motley did not file a grievance against Bland, or talk to his union steward about the problem, or talk to his own supervisor about it. Moreover, he provides no specific details of Bland’s “continued harassment,” nor does he describe the content of his alleged reports about it. He also fails to explain how the character of Bland’s conduct as racially harassing was not evident when it happened. It cannot be disputed that it was. For these reasons, Bland’s 1990 conduct does not qualify to be included under the continuing violation theory, and will not be considered as evidence in this action. With no specific evidence about Bland’s subsequent conduct, until the June 1995 incident, or any collaboration of Motley’s alleged reports of the continued harassment, the Court sees no reason to consider any of the alleged harassment by Bland in this action. Nor is there sufficient evidence from which a reasonable fact-finder could find that TSC knew about Bland’s conduct and failed to take action to stop it. At best, Motley has described two isolated instances of racially derogatory statements by Bland, and vague and unspecific allegations of having reported it to TSC supervisors, neither of which are enough to constitute a continuing pattern of severe and pervasive abuse. The alleged car-scratching incident is more easily resolved. Motley stated during his deposition for his ICRC case that it had happened in 1991. ICRC Dep. at 202-03. He also stated that he did not file a charge of discrimination in 1990 or 1991 because the harassment was “not that bad,” and he did not think anyone would do anything about it. ICRC Dep. at 203. According to Motley, he decided that if anyone else touched his car, he would take matters into his own hands. Id. Motley’s decision to ignore internal complaint procedures is not a legitimate reason to fail to notify management of an incident that involved such clear racial discrimination, and which injured him in such a concrete way. Acts of harassment that are “so discrete in time or circumstances that they do not reinforce each other cannot reasonably be linked together into a single chain, single course of conduct, to defeat the statute of limitations.” Galloway, 78 F.3d at 1166. This isolated incident cannot be linked to any of the incidents that occurred in the limitations period. First, it was not reported to TSC, so it cannot constitute a continuing violation of Title VII by failing to remedy unlawful conduct. Second, it is not reasonable for him to dismiss such permanent damage to his vehicle, using a racial epithet that Motley now contends “quickly alters the conditions of employment and create[s] an abusive working environment,” as minimal. Rodgers v. Western-Southern Life Ins. Co., 12 F.3d 668, 675 (7th Cir.1993). Finally, no related incidents occurred in the limitations period that could be linked to the car scratches and bring them into the current controversy. Motley’s failure to report the car incident to anyone does not fall within the type of reasonable conduct that would allow a time-barred incident to be included in a subsequent claim. Motley may not take advantage of the continuing violation theory to include this event in his present harassment claim. Even if TSC knew or should have known of the alleged harassment, Motley’s attempt at invoking the continuing violation theory based on TSC’s failure to remedy the problem is without merit. If it were possible to “link” earlier incidents and those within the limitations period by the employer’s “failure to remedy” them, then the statute of limitations period would seldom end in many hostile environment cases. An employer who acts in a way that is reasonably designed to stop the harassment, even if the harassment stopped temporarily before resuming, would continue to be vulnerable to a charge of discrimination when the harassment resumed. See Speer, 123 F.3d at 664. In many cases, “the circumstances in the workplace (like a supervisor continuing to work with an employee) often do not change even though discriminatory acts cease.” Id. Instead, the link would have to be some covert policy or practice of the employer’s that could be shown to facilitate, encourage, or ignore, the type of conduct about which the employee is complaining. See Id. at 663. Motley has failed to produce any evidence to create a genuine issue of material fact about whether TSC had any kind of covert practice or policy of refusing to take reasonable steps to remedy known racial harassment. For this reason also, he may not employ the continuing violation theory to bring these earlier acts within this controversy. 3. Timely Allegations What is left are Motley’s allegations of harassment by an African-American supervisor, Pompey, by Ooley, supposedly at Pompej^s direction, by various other supervisors and co-workers, as well as the rope display and the time card and production sheet incidents. For purposes of this motion, the Court finds it useful to differentiate between alleged harassment before Motley filed his charge of discrimination and that which he claims occurred afterward. Hampering this strategy is the fact that the deposition testimony provided by the parties frequently fails to indicate the time of any given event. It is also complicated by changes in Motley’s testimony between his first and second depositions, and also between his depositions and his affidavit. First, with respect to Pompey, the Court notes that Motley has certainly described a hostile relationship between himself and this supervisor, and one that was obvious to others. What he has failed to show, however, is that the difficulties Motley experienced with Pompey were because of Motley’s race. In fact, he specifically testified that it was not because of his race. ICRC Dep. at 95. According to Motley, he and Pompey did not get along from “day one.” ICRC Dep. at 94. Q Why did Mae [Pompey] single you out? A Because we never did get along. Q It has to do with your race? A Not my race, but Mae____ ICRC Dep. at 95. When Motley began working at the Distribution Center there were only three African-American employees: Motley, Pryner and Pompey. Penny Aff. ¶ 2; Motley Aff. ¶ 7. In Motley’s second deposition he states that he and Pryner got along with Pompey at first. Fed.Dep. at 70. Then, Pompey was promoted to a supervisory position in September of 1991, and in March of 1992 TSC hired Ory Penny, an African-American, as a supervisor. Id.; ICRC Dep. at 212. No complaints have been lodged against Penny, who was Motley’s direct supervisor from March 1992 to July 1993. However, according to Motley, once Pompey became a supervisor he began using “racial slurs,” such as “nigger” and “boy