5th Circuit delivers win to UPS on discrimination, hostile environment claims

Objectively documenting an employee’s poor performance can dispose of discrimination claims before a costly trial, according to a recent decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana employers).

Facts

Fredricka Wright, who was born in March 1977, interviewed with United Parcel Service (UPS) for a part-time unloader position in August 2017. After completing two days of training, she became an official UPS employee. Less than two months later, the company terminated her for poor performance.

Wright then filed charges of sex and age discrimination and hostile work environment with the Equal Employment Opportunity Commission (EEOC). She subsequently filed a lawsuit asserting the same claims in a Louisiana federal court. With regard to the discrimination charges, she alleged:

• Although UPS customarily starts new employees in unloading and then quickly moves them to loading, it kept her in unloading, where she was required to unload boxes back-to-back without assistance.
• She complained to supervisors about being kept in unloading past the customary 10 days.
• Older and younger men were allowed to do lighter duty and less physical work.

Wright also claimed UPS failed to give consideration to her age and physical condition. Plus, the supervisors assigned her physically demanding work so she would voluntarily resign.

UPS denied Wright’s discrimination-based allegations, arguing her employment ended because of unsatisfactory performance evident during her 30-working-day probationary period.