Morgan v. United Parcel Service of America, Inc.

380 F.3d 459, 85 Empl. Prac. Dec. (CCH) 41,744, 65 Fed. R. Serv. 321, 2004 U.S. App. LEXIS 18272, 94 Fair Empl. Prac. Cas. (BNA) 591
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 30, 2004
Docket02-2545, 02-2835
StatusPublished
Cited by18 cases

This text of 380 F.3d 459 (Morgan v. United Parcel Service of America, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. United Parcel Service of America, Inc., 380 F.3d 459, 85 Empl. Prac. Dec. (CCH) 41,744, 65 Fed. R. Serv. 321, 2004 U.S. App. LEXIS 18272, 94 Fair Empl. Prac. Cas. (BNA) 591 (8th Cir. 2004).

Opinions

BEAM, Circuit Judge.

Leslie Morgan; Kenneth Stacker, and Theodore Boldin, black managers at United Parcel Service (UPS), brought a civil rights action alleging individual and class claims of employment discrimination under Title VII and 42 U.S.C. § 1981. These individuals moved for class certification and the district court partially granted the motion, certifying four classes of employees (collectively, “Plaintiffs”). UPS moved for summary judgment on both the Title VII and the 42 U.S.C. § 1981 class claims or to decertify the class. Plaintiffs moved for partial summary judgment on their class claims of racially discriminatory pay. The district court denied Plaintiffs’ motion, granted summary judgment to UPS, and denied UPS’s motion to decertify the class. It held that Plaintiffs had failed to adduce sufficient evidence of a pattern or practice of class-wide discrimination. We affirm.

I. FACTUAL BACKGROUND

UPS delivers packages world-wide for individuals and businesses. UPS is divided into eleven geographic regions in the United States, each with a regional manager. A region is subdivided into approximately six districts, each with a district manager. The district managers are responsible for nearly every aspect of district operations, including picking up, sorting, and delivering packages, as well as employee development, promotion, and compensation. There are between sixty and seventy districts in the United States and each one varies in geographic size, population density, package volume, and labor climate. A district is further divided into divisions, each with a division manager. Divisions are organized along functional lines with some related to package operations and some related to supporting staff.

Two levels of managerial employees exist below the division level: supervisors and center managers. The entry level managerial position' is a supervisor who reports to the center manager. The center manager reports to the division manager, the division manager to the district manager, and the district manager to the regional manager.

UPS vests decisionmaking authority in district managers to promote employees to division manager, center manager, and supervisor. District managers hold “People’s Meetings” approximately twice a year, where they discuss the upward mobility of management personnel. At these meetings, information is presented on supervisors and center managers in the district, and their performance and readiness for promotion are assessed. At some of the meetings, a color photograph of the individual is displayed. The meeting produces a list of the employees who the district managers believe are ready for promotion to managerial positions. Open positions within the company are not posted. The district manager may consult the list compiled at the meetings to determine who will receive a promotion.

II. PROCEDURAL BACKGROUND

Plaintiffs are all UPS center managers and they allege that UPS racially discriminated against them in terms of upward mobility, working conditions, and pay. With regard to the upward-mobility claim, Plaintiffs argue that the subjective selection process for managerial positions at UPS limits the promotion of blacks, which, in turn, inhibits their overall upward mobility and causes them to peak in then-careers at or below the center-manager level.

[462]*462The district court bifurcated the trial into a liability/injunctive phase, followed by a remedial/damages phase. Four classes were certified under Federal Rule of Civil Procedure 23(b)(2) for the first phase. The court said it would consider certifying the damages phase as a Rule 23(b)(3) class action if liability was established.

The Title VII denial-of-upward-mobility class was defined as:

[Ajll black salaried full-time employees of UPS nationwide employed as center managers in Operations (Package, Hub, Feeder, Air) or Human Resources at any time between December 20, 1991 and the date of judgment, and who woi'ked as a supervisory or managerial employee of UPS for at least five years without being promoted above the center manager level.

The Title VII unequal-working-conditions and unequal-pay class was defined as:

[A]ll black salaried full-time employees of UPS nationwide employed as center managers in Operations (Package, Hub, Feeder, Air) or Human Resources at any time between December 20, 1991 and the date of judgment.

The 42 U.S.C. § 1981 denial-of-upward-mobility class was defined as:

[A]ll black salaried full-time employees of UPS nationwide employed as center managers in Operations (Package, Hub, Feeder, Air) or Human Resources at any time on or after June 17, 1989 and the date of judgment, and who worked as a supervisory or managerial employee of UPS for at least eight years without being promoted above the center manager level.

The 42 U.S.C. § 1981 unequal-working-conditions and unequal-pay class was defined as:

[A]ll black salaried full-time employees of UPS nationwide employed as center managers in Operations (Package, Hub, Feeder, Air) or Human Resources at any time on or after November 21, 1991 and the date of the judgment.

The district court granted a motion by the EEOC to intervene, but the EEOC is not involved in these appeals. At the time of the original class certification, Charles Cartwright was a member of at least two certified classes. After modification of the certified classes, the district court ruled that he no longer qualified as a member of any of the four classes and thus vacated the order allowing him to intervene. Frank Jackson was also denied intervenor status. Both Cartwright and Jackson appeal those decisions. Brian Needham, Francis Truitt, and Bedell Finley also sought, but were denied, intervenor status; however, they are not parties to this appeal.1

Discovery proceedings produced reports, statistical analyses, and models of UPS’s employment data and practices prepared by experts for all parties. Plaintiffs presented two experts who conducted statistical analyses: Dr. Weiner and Dr. Staple-ton. And the Defendant offered statistical analyses conducted by its expert, Dr. Evans. At the close of discovery, UPS moved for summary judgment on all class claims or to decertify the classes. Plaintiffs moved for partial summary judgment on their class claim of discriminatory pay. UPS also moved to bar the testimony of two of Plaintiffs’ experts as inadmissible under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharm., Inc., 509 [463]*463U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469(1993), because of faulty methodology and data. The district court granted UPS summary judgment on all class claims and denied Plaintiffs’ summary judgment motion. The court also denied as moot UPS’s motions to decertify the class and to bar Plaintiffs’ expert testimony.

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Morgan v. United Parcel Service
380 F.3d 459 (Eighth Circuit, 2004)

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Bluebook (online)
380 F.3d 459, 85 Empl. Prac. Dec. (CCH) 41,744, 65 Fed. R. Serv. 321, 2004 U.S. App. LEXIS 18272, 94 Fair Empl. Prac. Cas. (BNA) 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-united-parcel-service-of-america-inc-ca8-2004.