This Is Harrassment?

From Firehouse.com: A federal appeals court has reinstated an Oakland firefighter's lawsuit claiming co-workers harassed and ostracized him and other African Americans because of their race, tampered with his food, left a dead bird under his bed and disciplined him when he complained.
Ronald Curtis' claim of a hostile work environment was dismissed by U.S. District Judge Susan Illston, who said his allegations, if proven, failed to show severe or pervasive mistreatment that was racially motivated. The Ninth U.S. Circuit Court of Appeals disagreed Wednesday and said a jury could conclude that Curtis was racially harassed.
After several years in the Fire Department, Curtis transferred in 2007 to the downtown fire station at 1605 Martin Luther King Jr. Way, said his lawyer, Pamela Price. She said it was considered a desirable assignment and had seldom been given to African Americans before Curtis arrived, followed soon by three others he had encouraged to apply.
The black firefighters were assigned to the same shift and were quickly made to feel unwelcome, Price said. A contaminant was found in their syrup, a co-worker brought them children's-size buns with their hot dogs, they were denied the right to swap shifts, and they were generally shunned by their colleagues, she said.
After the four firefighters filed a discrimination complaint in 2008, Price said, Curtis found a dead bird under his bed, and later found honey smeared around the bed. Someone stole his gate opener and his keys, both of which he found several months later hanging from the ceiling, she said.  http://www.firehouse.com/news/11438312/black-san-francisco-california-firefighters-discrimination-suit-reinstated
Small buns for hot dogs?  Seriously?
Shunned by their co-workers?  Maybe they were assholes- the plaintiff, that is.
Someone stole his keys and garage opener?  Maybe the fool just lost them and is blaming others for his mistake.
And a dead bird under his bed.  Seriously?
Maybe he would rather have this happen (From Ladder 49 and look at the 2:20 minute when the bird comes out the locker- darn funny)

There are instances of racial discrimination in the work place, but this ain't one of them.