# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted December 21, 2016 *

Decided December 21, 2016

Before

DIANE P. WOOD, Chief Judge

RICHARD A. POSNER, Circuit Judge

JOEL M. FLAUM, Circuit Judge

No. 16

‐ 1163

VINCENT THOMAS,

Plaintiff

‐ Appellant

,

v

.

CITY OF MICHIGAN CITY, INDIANA,

Defendant

‐ Appellee

. Appeal from the United States

District Court for the Northern District

of Indiana, South Bend Division.

No. 3:14cv164

Philip P. Simon,

Chief Judge

.

O R D E R

Vincent Thomas was fired from his job as a Michigan City bus driver after a

video confirmed that he failed to stop before a railroad crossing, in violation of a federal

regulation. Thomas, who is black, maintained that race discrimination was the real

reason for his firing. The district court concluded that Thomas could not point to any

* We have unanimously agreed to decide the case without oral argument because

the briefs and record adequately present the facts and legal arguments, and oral

argument would not significantly aid the court. F ED

. R. A PP

. P. 34(a)(2)(C). NONPRECEDENTIAL DISPOSITION

To be cited onl y in accordance with Fed. R. A pp

. P. 32.1No. 16

‐ 1163 Page 2

evidence that his race motivated the City’s decision to fire him and granted summary

judgment for the City. We affirm.

According to the video recording, taken from a camera mounted on the

dashboard of his bus, Thomas slowed down as he approached a railroad crossing but

did not come to a complete stop. About three weeks before the incident, a

memorandum from the Michigan City transit director had informed all bus drivers that

a federal (Department of Transportation) regulation, 49 C.F.R. § 392.10(a), mandates

that commercial drivers stop at all railroad crossings. The memorandum warned that

“termination can be expected” if a driver did not follow the “correct procedure at

railroad crossings.”

After the incident, the Michigan City Transit Department discharged Thomas for

violating the federal regulation and a corresponding state law, I ND

. C ODE § 9

‐ 21

‐ 8

‐ 39.

Thomas responded by filing a grievance, in which he alleged that he was targeted

because of a pending grievance. His discharge was upheld by the Michigan City Board

of Works.

About 230 days later, Thomas filed charges of race and age discrimination with

the Equal Employment Opportunity Commission. After receiving a right

‐ to

‐ sue letter,

he sued the City for violations of Title VII of the Civil Rights Act, see 42 U.S.C. § 2000e

et seq., and the Age Discrimination in Employment Act, see 29 U.S.C. § 621.

The district court dismissed Thomas’s age discrimination claim as untimely

because he filed his charge with the EEOC more than 180 days after the alleged

discrimination took place. See 29 U.S.C. § 626(d)(1)(A).

Further proceedings ensued, and the court ultimately granted summary

judgment for the City on Thomas’s race discrimination claim because he provided no

evidence that his discharge was based on discriminatory animus. Thomas, the court

explained, could not establish a prima facie case of intentional discrimination under the

indirect method of proof because he could not identify any similarly situated employee

not in the protected class who received better treatment. (Thomas had asserted in an

affidavit that Rosetta Loggins, a white bus driver, was not punished after she left

passengers at a high school. But the court rejected Loggins as a comparator because

Thomas’s affidavit was based on hearsay rather than his personal knowledge of her

situation and, in any case, her conduct did not violate any state or federal laws.)

Thomas, the court added, also did not introduce any evidence to suggest that the City’s

stated reason for his discharge—his violating a federal regulation for not stopping at aNo. 16

‐ 1163 Page 3

railroad crossing—was a pretext. As for the direct method of proof, the court found that

Thomas did not produce direct or circumstantial evidence that his race motivated his

discharge.

On appeal Thomas first challenges the court’s ruling that his statements

regarding Rosetta Loggins were inadmissible hearsay. 1 Thomas’s only evidence was his

deposition testimony that he heard his union representative say during his disciplinary

hearing that Loggins had not been disciplined for her infraction. The district court

properly discounted the significance of this evidence because Thomas lacked personal

knowledge of Loggins’s situation. See F ED

. R. E VID

. 801(c); Gunville v. Walker

, 583 F.3d

979, 985 (7th Cir. 2009).

Thomas next argues that his age discrimination claim was not untimely because

he filed it on the same day as his timely Title VII claim. But he did not file his charge

with the EEOC until about 230 days after the incident, and the statute of limitations in

Indiana for an ADEA charge is only 180 days, while that for a Title VII

‐ based charge is

300 days. See 29 U.S.C. § 626(d)(1)(A); 42 U.S.C. § 2000e

‐ 5(e)(1); Adams v. City of

Indianapolis

, 742 F.3d 720, 729 (7th Cir. 2014); Equal Emp’t Opportunity Comm’n v.

N. Gibson Sch. Corp.

, 266 F.3d 607, 617 (7th Cir. 2001).

Finally, Thomas asserts for the first time that his attorney and the City attorney

schemed to bias the judge against him by suggesting that he was difficult and unwilling

to negotiate a settlement. But Thomas’s only proof of judicial bias is the fact that the

judge ruled against him, and an adverse ruling alone is not evidence of judicial bias.

See Liteky v. United States

, 510 U.S. 540, 555 (1994); Thomas v. Reese

, 787 F.3d 845, 849

(7th Cir. 2015).

We have reviewed Thomas’s remaining arguments, and none has merit.

AFFIRMED.

1 Thomas also argues, for the first time, that a similarly situated unnamed

African American driver was not fired after failing to stop at three different railroad

crossings. Arguments raised for the first time on appeal are waived, Reid v. Neighborhood

Assistance Corp. of Am.

, 749 F.3d 581, 588 n.6 (7th Cir. 2014), though we observe that if

true this allegation suggests that race was not a motivating factor in Thomas’s

dismissal.