Guy Redd v. United Parcel Service, Inc.

615 F. App'x 598
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 26, 2015
Docket14-14945
StatusUnpublished
Cited by7 cases

This text of 615 F. App'x 598 (Guy Redd v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guy Redd v. United Parcel Service, Inc., 615 F. App'x 598 (11th Cir. 2015).

Opinion

PER CURIAM:

Plaintiff-employee Guy Redd appeals from the district court’s grant of summary judgment in favor of defendant-employer United Parcel Service, Inc. (“UPS”), on his claims of race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a) and 2000e-3 (“Title VII”), and 42 U.S.C. § 1981. After careful review of the record and briefs, we affirm.

I. FACTUAL BACKGROUND

In 1984, defendant UPS hired plaintiff Redd,, an African American man. In 2006, after holding various positions with UPS, Redd became a Business Manager at UPS’s Birmingham, Alabama, package center.

Redd’s claims of race discrimination and retaliation center on three alleged “adverse employment actions” that occurred during his tenure as a Business Manager at the Birmingham package center — (1) UPS’s creation of a retaliatory hostile work environment by employing a “known serial harasser” as Redd’s superior, (2) Redd’s placement on a management performance improvement plan (“MPIP”), and (3) Redd’s subsequent demotion. 1 We describe the relevant events, viewing the evidence in the light most favorable to Redd.

A. October 2008: Redd’s Internal Race Discrimination Complaint

Each UPS Business Manager — including Redd — reports directly to a Division Manager who oversees multiple UPS facilities. Sometime in 2007 or 2008, Dale Mowery, a Caucasian man, became Redd’s Division Manager.

On October 23, 2008, Redd submitted an internal complaint to UPS human resources suggesting that Division Manager Mowery and another Caucasian UPS manager had discriminated against him on the basis of race. Although a human resources manager met with Redd regarding the complaint, there is no evidence that *600 UPS ever followed up on the meeting or investigated Redd’s claims.

Subsequently, in the summer of 2009, UPS demoted Division Manager Mowery, transferring him out of Alabama. For a few months, Redd reported to an interim manager.

B. September 2009: Beginning of Alleged Retaliatory Hostile Work Environment

In September 2009, Jaime Diaz, a Hispanic man, who UPS recently had transferred from Kansas to Aabama, became the Division Manager over Redd. During Diaz’s time as a manager in Kansas, more than one UPS employee had complained of discrimination, harassment, and retaliation by Diaz.

Redd contends that UPS transferred Diaz, a “known serial harasser,” to Aa-bama in order to create a “hostile work environment” in retaliation for his earlier complaint against Mowery. Within a few months of Division Manager Diaz’s transfer to Aabama, UPS upper management began receiving complaints by multiple employees of discrimination, harassment, and retaliation by Diaz. These complaints included allegations that Diaz discriminated on the basis of race.

C. January2010: theMPIP

At the time that plaintiff Redd began reporting to Division Manager Diaz, Redd was in charge of the Birmingham package center’s “preload operation,” the process by which packages are unloaded' from trailers and loaded onto the brown UPS trucks (called “package cars”) for delivery to customers.

Division Manager Diaz believed that Redd was struggling with his responsibilities in the preload operation. For example, Diaz determined that the preload operation supervised by Redd was not meeting the “planned measurement for ... pieces per hour.” As a result, Diaz reassigned Redd to oversee “local sort,” the late afternoon operation by which packages dropped off by customers are sorted onto feeder trucks for further processing.

Even after plaintiff Redd’s reassignment to local sort, Diaz continued to see deficiencies in Redd’s performance. Specifically, Diaz believed that Redd needed to improve his performance in the areas of (1) late and missed service issues; (2) the average time required to complete delivery of packages for Redd’s package center; (3) the distribution of package volume among the package ears for Redd’s package center; and (4) local sort pieces per hour.

Accordingly, on January 15, 2010, Division Manager Diaz placed ' Redd on a MPIP. The MPIP outlined areas in which Diaz determined that Redd was deficient, corrective steps, and goals for improvement, with certain processes to be in place by January 22, 2010, with a final review in 90 days. It is undisputed that the MPIP did not change Redd’s compensation, benefits, or assigned job duties.

In a declaration, plaintiff Redd stated, however, that the MPIP involved additional work and paperwork and “required [him] to work more hours in order to ... satisfy the MPIP ... [and] document [his] performance.” And in a deposition, Robert Kibler, a former UPS employee who was never placed on a MPIP, testified that placement on a MPIP is “humiliating” and doubles a manager’s workload.

D.March 2010-April 2010: Redd’s EEOC Charge and Subsequent Meeting with Management

On March 5, 2010, plaintiff Redd filed an Equal Employment Opportunity Commission (“EEOC”) charge, claiming race dis *601 crimination and retaliation by Division Manager Diaz based on, in relevant part, Redd’s placement on the MPIP.

In April 2010, UPS demoted Division Manager Diaz and transferred him to Tuscaloosa, Alabama. After Diaz’s transfer, Stan Garrett, an African American man, became the Division Manager who oversaw the Birmingham package center and to whom plaintiff Redd reported.

Also in April 2010, Division Manager Garrett and two members of UPS’s human resources management met with Redd concerning his March 2010 EEOC charge. At the meeting, the two human resources managers indicated that “they wanted [Redd] to drop [his] EEOC charge[] because they felt if [he] did, others would drop theirs.”

E. June 2010: Serious Service Failure

On June 3, 2010, while Division Manager Garrett was away on vacation, a “serious service failure” occurred during the local sort operation under Redd’s management. A “serious service failure” involves a failure to make timely delivery of a substantial volume of packages entrusted to UPS.

The service failure began with a mechanical problem that caused the sort to fall behind. When another UPS employee called Redd, who was off premises, and notified him of the problem, Redd returned and took steps to address the issue. Based on information he received from the other UPS employee, Redd called Operations Manager Linda Nelson and reported that 114 packages were affected by the service failure. Nelson asked Redd to advise her of any change to the estimated number of affected packages. After this call, Redd left the building without walking through to confirm the number of affected packages.

The next day, June 4, 2010, at 7:00 a.m., another UPS Business Manager informed Redd that the number of affected packages was actually more than 300.

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615 F. App'x 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-redd-v-united-parcel-service-inc-ca11-2015.