University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. UNITED PARCEL SERVICE INC EE-NJ-0100
Docket / Court 3:06-cv-01453-JAP-TJB ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On March 27, 2006, the New York District Office of the EEOC brought this suit against United Parcel Service, Inc. (“UPS”) in the U.S. District Court for the District of New Jersey. Based on a complaint it received, UPS had failed to hire the complainant because he refused to shave his beard ... read more >
On March 27, 2006, the New York District Office of the EEOC brought this suit against United Parcel Service, Inc. (“UPS”) in the U.S. District Court for the District of New Jersey. Based on a complaint it received, UPS had failed to hire the complainant because he refused to shave his beard that he wears in observance of Rastafarianism. The complainant had applied for a driver helper position with UPS in November of 2004. UPS policy did not allow drivers or driver helpers to have facial hair below the lip. Despite the complainant informing UPS he wore the beard for religious reasons, they refused to consider him for the driver helper position. He alleged that instead, UPS advised him to apply for a lower-paying job that did not involve contact with the public. The EEOC claimed that UPS discriminated against him on the basis of his religion in violation of Title VII of the Civil Rights Act of 1964. It sought injunctive relief, compensatory damages, and attorneys' fees. The case was eventually assigned to Judge Joel A. Pisano. The complainant subsequently intervened and joined the suit.

The parties engaged in multiple unsuccessful settlement conferences and filed discovery motions over the course of several years. The parties could not come to a settlement agreement and the case went to trial from January 22, 2009 to January 29, 2009. A jury found for the plaintiffs, awarding $10,000 in compensatory damages for emotional distress. On February 13, UPS filed for a judgment notwithstanding the jury verdict because UPS had presented an affirmative defense that it had offered the complainant a reasonable accommodation. In the alternative, the defendant requested a new trial because the evidence was insufficient to support the jury's finding that the complainant had a sincerely held religious belief.

After two settlement conferences regarding injunctive relief and attorney’s fees for the the complainant’s attorney, the defendant's motion was moot. The court granted $128,040.09 in attorney’s fees and $1,449.46 in expenses. Additionally, the parties entered into a one-year consent judgment on November 16, 2009. The judgment required UPS to: revise its electronic employment applications to notify applicants of their option to request accommodation for sincerely-held religious beliefs or practices; amend its appearance guidelines for driver helpers to specify that employees can request religious-belief accommodations; inform new applications of their ability to request exceptions through written request forms; and conduct training on religious accommodation policy and procedure. The consent judgment also included monetary damages of $2,000 for back pay and $8,000 for the EEOC. 2009 WL 3241550.

The case is now closed.

Kevin Wilemon - 05/28/2008
Hannah Basalone - 10/10/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Develop anti-discrimination policy
Follow recruitment, hiring, or promotion protocols
Monitoring
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Discrimination-area
Hiring
Discrimination-basis
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) 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 No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2010
Filing Year 2006
Case Closing Year 2009
Case Ongoing No
Docket(s)
3:06-cv-01453-JAP-TJB (D.N.J.)
EE-NJ-0100-9000.pdf | Detail
Date: 11/16/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NJ-0100-0001.pdf | Detail
Date: 03/27/2006
Source: PACER [Public Access to Court Electronic Records]
EEOC Press Release
EE-NJ-0100-0002.pdf | Detail
Date: 03/29/2006
Complaint [Plaintiff-Intervenor Roniss Mason] [ECF# 5]
EE-NJ-0100-0003.pdf | Detail
Date: 05/18/2006
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion for a Protective Order] [ECF# 16] (D.N.J.)
EE-NJ-0100-0004.pdf | Detail
Date: 04/09/2007
Source: PACER [Public Access to Court Electronic Records]
Protective Order [ECF# 24] (D.N.J.)
EE-NJ-0100-0005.pdf | Detail
Date: 06/01/2007
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [ECF# 143] (2009 WL 3241550) (D.N.J.)
EE-NJ-0100-0006.pdf | WESTLAW | Detail
Date: 09/30/2009
Source: PACER [Public Access to Court Electronic Records]
Consent Judgment [ECF# 148] (D.N.J.)
EE-NJ-0100-0007.pdf | Detail
Date: 11/10/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Bongiovanni, Tonianne J. (D.N.J.) [Magistrate]
EE-NJ-0100-0006 | EE-NJ-0100-9000
Pisano, Joel A. (D.N.J.)
EE-NJ-0100-0007 | EE-NJ-0100-9000
Plaintiff's Lawyers Grossman, Elizabeth (New York)
EE-NJ-0100-0007
Miller, Harriet Heuer (New Jersey)
EE-NJ-0100-0007 | EE-NJ-0100-9000
Ranis, Michael B. (New York)
EE-NJ-0100-0007 | EE-NJ-0100-9000
Defendant's Lawyers Lario, Wendy Johnson (New Jersey)
EE-NJ-0100-0007 | EE-NJ-0100-9000

- click to show/hide ALL -

new search
page permalink

- top of page -