University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. United Parcel Service EE-TX-0390
Docket / Court 6:01-cv-00109 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In July 2001, the San Antonio District Office of the EEOC brought this suit against United Parcel Service, Inc. in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant discriminated and retaliated on the basis of race and national origin in violation ... read more >
In July 2001, the San Antonio District Office of the EEOC brought this suit against United Parcel Service, Inc. in the U.S. District Court for the Northern District of Texas. The complaint alleged that the defendant discriminated and retaliated on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the three charging parties and a class of similarly situated Hispanic and Black individuals to a hostile work environment and disparate treatment consisting of: false accusations of wrongdoings, conflicting work orders to encourage insubordination, unnecessarily harsh scrutinizing of work, and groundless reprimands, resulting in the constructive discharge of some of the class members. In addition, the defendant forced several of the class members to resign in retaliation for their complaints, opposition to the discrimination, or participation as witnesses.

One of the charging parties intervened in the suit in late August 2001. Shortly after, the defendant filed motions to dismiss the claims against the EEOC and the intervenor which were both denied in November 2001. In November 2002, another charging party intervened in the suit, but she voluntarily dismissed her intervention in January 2003. In March 2003, the plaintiff's motion for partial summary judgment was denied, and the defendant's motion for complete summary judgment was granted in part and denied in part. After some discovery, the case was tried by a jury in late April and early May 2003 resulting in a jury verdict and judgment in favor of the defendant. Therefore, the EEOC and the intervenor received no relief.

Michele Marxkors - 07/25/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Impact
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) International Brotherhood of Teamsters
Local 657 of the International Brotherhood of Teamsters
United Parcel Service, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2003
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)
6:01-cv-00109 (N.D. Tex.) 07/21/2003
EE-TX-0390-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 11/30/2001 (N.D. Tex.)
EE-TX-0390-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Third Amended Complaint 10/03/2002
EE-TX-0390-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Re: Various S/J Motions] 03/03/2003 (N.D. Tex.)
EE-TX-0390-0006 PDF | Detail
Jury Verdict 05/07/2003
EE-TX-0390-0007 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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