University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name MORGAN v. UNITED PARCEL SERVICE OF AMERICA INC et al EE-MO-0089
Docket / Court 4:94-cv-01184-CEJ ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection
Case Summary
On June 17, 1994, several black UPS center managers filed a lawsuit under the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (''Title VII''), and 42 U.S.C. § 1981 against UPS in the U.S. District Court for the Eastern District of Missouri. The plaintiffs, represented by private ... read more >
On June 17, 1994, several black UPS center managers filed a lawsuit under the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (''Title VII''), and 42 U.S.C. § 1981 against UPS in the U.S. District Court for the Eastern District of Missouri. The plaintiffs, represented by private counsel, asked the court for compensatory and punitive damages as well as equitable relief, claiming that UPS had violated Title VII by discriminating against black salaried employees nationwide in the implementation of pay and promotion policies, and that UPS had violated § 1981 by denying plaintiffs overall upward mobility and subjecting them to unequal pay and discriminatory working conditions.

On October 30, 1996, the court (Judge Jackson) granted the plaintiffs' motion for class certification. Moreover, the court bifurcated the trial into a liability/injunctive phase, followed by a remedial/damages phase.

Following discover, UPS moved for summary judgment on all class claims or to decertify the classes, and the plaintiffs moved for partial summary judgment on their class claim of discriminatory pay. On June 26, 2000, the district court (Judge Jackson) granted UPS summary judgment on the class claims and denied the plaintiffs' summary judgment motion, holding that the plaintiffs did not offer sufficient evidence to show discrimination with regard to overall upward mobility, working conditions and pay.

Several plaintiffs appealed, and on August 30, 2004, the 8th Circuit (Judge Beam) affirmed the district court's decision.

Kunyi Zhang - 08/12/2010


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
EEOC intervened in private suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) United Parcel Service
United Parcel Service of America, Inc.
Plaintiff Description Plaintiffs are African-American center managers at UPS.
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
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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)
4:94-cv-01184-CEJ (E.D. Mo.)
EE-MO-0089-9000.pdf | Detail
Date: 06/27/2006
General Documents
Opinion (169 F.R.D. 349) (E.D. Mo.)
EE-MO-0089-0013.pdf | WESTLAW| LEXIS | Detail
Date: 10/30/1996
Source: Google Scholar
Opinion (1998 WL 785322) (E.D. Mo.)
EE-MO-0089-0015.pdf | WESTLAW | Detail
Date: 10/16/1998
Memorandum and Order [Granting Protective Order] [ECF# 353] (E.D. Mo.)
EE-MO-0089-0006.pdf | Detail
Date: 11/29/1999
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Regarding Defendant's Motion for Protective Order] [ECF# 355] (E.D. Mo.)
EE-MO-0089-0008.pdf | Detail
Date: 02/22/2000
Source: PACER [Public Access to Court Electronic Records]
Opinion (143 F.Supp.2d 1143) (E.D. Mo.)
EE-MO-0089-0012.pdf | WESTLAW| LEXIS | Detail
Date: 06/26/2000
Source: Google Scholar
Order [ECF# 482] (E.D. Mo.)
EE-MO-0089-0003.pdf | Detail
Date: 12/05/2000
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Motion for Reconsideration on June 26, 2000, Order] [ECF# 519] (E.D. Mo.)
EE-MO-0089-0009.pdf | Detail
Date: 05/08/2001
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Motion for Reconsideration on June 26, 2000, Order] [ECF# 590] (E.D. Mo.)
EE-MO-0089-0010.pdf | Detail
Date: 03/19/2002
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 593] (E.D. Mo.)
EE-MO-0089-0002.pdf | Detail
Date: 05/10/2002
Source: PACER [Public Access to Court Electronic Records]
Appellate Decision (380 F.3d 459)
EE-MO-0089-0011.pdf | WESTLAW| LEXIS | Detail
Date: 08/30/2004
Source: Google Scholar
Denial of Petition for Writ of Certiorari (544 U.S. 999)
EE-MO-0089-0014.pdf | WESTLAW| LEXIS | Detail
Date: 04/25/2005

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