A black supervisor who “closely scrutinized and criticized” the work of his two white subordinates did not create a racially hostile work environment, the Eighth Circuit rules, affirming a lower court decision.

“Although increased scrutiny might, at some point, amount to a hostile work environment, nothing in this record warrants such a finding,” the Court says, pointing out that other cases have determined that unfair criticism, being yelled at, and being subject to “heightened scrutiny” did not amount to actionable harassment. O’Brien v. USDA