University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Carter v. United Parcel Service, Inc. EE-CA-0333
Docket / Court 3:97-cv-01590-MJJ ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On April 30th, 1997, a group of African American current and former employees filed a class action complaint against the United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of California. The plaintiff, represented by private counsel, sought injunctive and ... read more >
On April 30th, 1997, a group of African American current and former employees filed a class action complaint against the United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of California. The plaintiff, represented by private counsel, sought injunctive and monetary relief, claiming that the defendant discriminated against African American employees. We do not have the complaint; however, reviewing the file indicates that the plaintiffs claimed racial discrimination in pay and benefits, working conditions, promotions, training, and inadequate complaint and resolution processes.

On April 14th, 1999, the Court (Hon. Martin J. Jenkins) granted final approval of a Class Certification and Consent Decree. The Consent Decree required that UPS do the following: Provide all employees with the option to suggest a preferred working time by providing information about work locations and available work hours, provide employees with information on obtaining job opportunities, monitor rates at which African American employees promoted and passed in training exams, establish an accessible way for employees to complain about working conditions and seek resolutions, and continue to train supervisors about Race Harassment. In addition, the plaintiffs were awarded $8.2 Million in damages, costs, and attorneys' fees.

On August 24th, 1999, one of the named plaintiffs' individual claims were transferred to the U.S. District Court for the Central District of California, Western Division, Los Angeles (Carter v. United Parcel Service, Inc., 2:99-cv-08984-LGB-AJW). On November 15th, 2000, the Court (Hon. Lourdes G. Baird) dismissed the case with prejudice.

Katrina Campos - 06/30/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Monitoring
Promotion
Utilize objective hiring/promotion criteria
Utilize objective job description
Defendant-type
Transportation
Discrimination-area
Accommodation / Leave
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action
Defendant(s) United Parcel Service, Inc.
Plaintiff Description All African-Americans who were employed by UPS in its Northwest and Pacific Regions as part-time hourly employees at any time between 1/27/1996 and 2/5/1999.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1999
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:99−cv−08984 (C.D. Cal.) 11/15/2000
EE-CA-0333-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
3:97-cv-01590-MJJ (N.D. Cal.) 07/11/2002
EE-CA-0333-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice of Proposed Class Action Settlement and Consent Decree 02/05/1999
EE-CA-0333-0001.pdf | Detail
Opinion 04/14/1999 (1999 U.S.Dist.LEXIS 23556) (N.D. Cal.)
EE-CA-0333-0004.pdf | LEXIS | Detail
Document Source: LexisNexis
Revised Stipulation and Order Severing the Individual Action of Etienne Carter from the Class Action Entitled Buttram, et. al v. United Parcel Service, Inc. 10/28/1999 (C.D. Cal.)
EE-CA-0333-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Dismissal with Prejudice; and Order Thereon 11/15/2000 (C.D. Cal.)
EE-CA-0333-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Baird, Lourdes Gillespie (C.D. Cal.)
EE-CA-0333-0002 | EE-CA-0333-0003 | EE-CA-0333-9001
Hamilton, Phyllis Jean (N.D. Cal.) [Magistrate]
EE-CA-0333-9000
Jenkins, Martin J. (N.D. Cal.)
EE-CA-0333-0001 | EE-CA-0333-0004 | EE-CA-0333-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burris, John L. (California)
EE-CA-0333-9000
Chan, Robert Y. (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Crumpton, Beryl M. (California)
EE-CA-0333-9000
Davis, Joshua P. (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Dermody, Kelly M. (California)
EE-CA-0333-9000
Edwards, Jon L. (California)
EE-CA-0333-9000
Finberg, James M. (California)
EE-CA-0333-9000
Mottek, Jacqueline Eve (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Selbin, Jonathan D. (California)
EE-CA-0333-9000
Terrell, Reginald Von (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Defendant's Lawyers Cane, Paul W. Jr. (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Harris, Stephen H (California)
EE-CA-0333-9001
Waldo, William S (California)
EE-CA-0333-9001
Wilcox, Maurice Kirby Collette (California)
EE-CA-0333-9000 | EE-CA-0333-9001
Other Lawyers Cole, Caron M (California)
EE-CA-0333-9001
Morrison, Donald F (California)
EE-CA-0333-9001
Murray, Lawrence D (California)
EE-CA-0333-9001
Zemsky, Susan Jean (California)
EE-CA-0333-9001

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