Johnson v. United Parcel Service, Inc.

117 F. App'x 444
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 21, 2004
Docket03-5620
StatusUnpublished
Cited by30 cases

This text of 117 F. App'x 444 (Johnson v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. United Parcel Service, Inc., 117 F. App'x 444 (6th Cir. 2004).

Opinions

AMENDED OPINION

CLAY, Circuit Judge.

Plaintiffs, Jeffrey Johnson and John Goodwin, appeal from the order entered-by the United States District Court for the Eastern District of Tennessee, on March 26, 2003, granting judgment as a matter of law to Defendant United Parcel Service (“UPS”), so as to dismiss with prejudice Plaintiffs’ claims in this action for employment discrimination on the basis of race, under Title VTI of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981 and the Tennessee Human Rights Act, Tenn.Code Ann. § 4-21-101 et seq. For the reasons set forth below, we AFFIRM the district court’s order as to the disparate treatment claims of both Plaintiffs, and we REVERSE the district court’s order and REMAND for a new trial on Plaintiffs’ racial harassment claims under Title VII only.1

BACKGROUND

Procedural History

On September 15, 2000, Plaintiffs in the present appeal, Jeffrey Johnson and John Goodwin, as well Johnny L. Boyd, Eric Kelley, Ken Cameron, Donnie Ware, Eddie J. Thomas, Jr., and Gregory Owens, filed a complaint alleging violations of Title VII, 42 U.S.C. § 1981 and the Tennessee Human Rights Act. An amended complaint was filed on August 10, 2001.

On September 13, 2001, the claims of Johnny L. Boyd were dismissed with prejudice, by agreed stipulation. On January [447]*44714, 2002, a second amended complaint was filed. On February 26, 2002, a third amended complaint was filed; this was the final complaint filed, and it was filed by all the plaintiffs to the original complaint, except for Boyd. The third amended complaint charged Defendant UPS with violations of Title VTI of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and violations of 42 U.S.C. § 1981 and the Tennessee Human Rights Act, TenmCode Ann. § 4-21-101 et seq., as a result of racial discrimination against the plaintiffs, all of whom are African-American, in the form of disciplinary actions and the denial of promotion, as well as the existence of a hostile work environment on the basis of race; the complaint also charged retaliation.

In April, July, and August of 2002, a jury trial was conducted, lasting eleven days. Before the case reached the jury, Defendant filed a motion for judgment as a matter of law, pursuant to Fed. R. Civ. P. 50. On August 6, 2002, arguments were heard on this motion, and a ruling was issued from the bench by the district court, dismissing with prejudice numerous claims, including all claims of Plaintiffs Johnson and Goodwin, the parties to the present appeal. On August 7, 2002, the trial continued with respect to Ware’s retaliation claim and Cameron’s hostile work environment claim.

On August 28 and 30, 2002, Plaintiffs Johnson and Goodwin appealed. On September 24, 2002, in an unpublished decision, the appeal of Plaintiff Johnson was dismissed by this Court for lack of appellate jurisdiction, on grounds that no ruling had yet been entered terminating all issues in the case as to all litigants and that no appealable order as to Johnson had been issued under Fed. R. Civ. P. 54(b) (allowing a court to enter a final judgment as to one party in a multi-party action, before final judgments have been entered as to all parties in the action).

The trial concluded on November 4, 2002.2 On March 26, 2003, a final order was entered, dismissing with prejudice the claims of Johnson and Goodwin.

On April 23, 2003, Plaintiffs filed a timely notice of appeal.

Substantive Facts

Plaintiff Johnson was hired by Defendant, UPS, in 1984 as a package car driver and remains employed with Defendant in this capacity as of the time of the most recent filings in the case. Plaintiff Johnson sought but was denied promotions into management positions. Plaintiff Johnson filed an administrative complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”), in April of 2000, at which time Johnson also served as a union steward for the Teamsters.

Plaintiff Goodwin began work part-time with Defendant in 1988, began to work full-time as a package car driver in 1994, and remains employed with Defendant in this capacity as of the time of the most recent filings in the case. Plaintiff Goodwin filed an EEOC charge against Defendant in March of 2000.

Plaintiffs present an in-depth account of facts relating to their claims. However, because the factual allegations of the two Plaintiffs differ, and because each Plaintiff presents a separate set of factual allegations for the claims of disparate treatment and of hostile work environment, explaining all of the details together here could become confusing. Consequently, for the [448]*448sake of clarity, factual details are provided in the sections analyzing the claims, below.

DISCUSSION

Plaintiffs Johnson and Goodwin raise two issues. First, Plaintiffs argue that the district court erred in granting judgment as a matter of law to Defendant on their claims for disparate treatment on the basis of race. Secondly, Plaintiffs contend that the district court erred in granting judgment as a matter of law to Defendant on their claims for racially hostile work environment.

We take the two issues in order, examining each Plaintiffs factual circumstances separately, under each issue.

This Court has stated:

We review de novo a district court’s decision to grant judgment as a matter of law under Rule 50(a).... Judgment as a matter of law on a specific issue is appropriate when, viewing the evidence in the light most favorable to the nonmovant, (1) “there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue” or (2) the nonmovant’s position on that issue represents “a claim or defense that cannot under the controlling law be maintained.” Fed. R. Civ. Proc. 50(a)....

Diamond v. Howd, 288 F.3d 932, 935 (6th Cir.2002) (citations omitted).

I.

Plaintiffs argue that the district court erred in granting judgment as a matter of law on their claims of disparate treatment on the basis of race.

A. Legal Framework

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating “because of ... race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a). In a Title VII case, a plaintiff bears the ultimate burden of persuading the factfinder that the defendant intentionally discriminated against the plaintiff. Reeves v.

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117 F. App'x 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-united-parcel-service-inc-ca6-2004.