UPS Driver wins $238 million lawsuit verdict in discrimination firing.
(Bloomberg Law) -- A Black UPS driver won a $237.6 million jury verdict in a case in which he alleged he’d been discriminated against and subject to a hostile work environment before being fired.
The verdict, rendered Thursday in the US District Court for the Eastern District of Washington at Yakima, may be both the biggest of its kind and the biggest ever in the state, said attorney Dustin Collier, one of the lawyers who represented plaintiff Tahvio Gratton.
Gratton was awarded $39.6 million for emotional distress along with $198 million in punitive damages, according to a transcript provided by Collier. The verdict sheet is not yet publicly available.
“We thank the jury for seeing the truth, vindicating our client’s rights, and sending a powerful message to UPS that our communities will not tolerate racial discrimination, harassment, or retaliation against the victims of discrimination and harassment,” the attorney said.
The parcel delivery service, in a statement to Bloomberg Law, said it would appeal.
The trial started Sept. 9.
Summary Judgement
Gratton filed the lawsuit in October 2022 and amended his complaint six months later. Earlier this year, US District Judge Thomas O. Rice denied a United Parcel Service Inc. bid for summary judgment.
Gratton had claimed he was frequently laid off in favor of white drivers with less seniority than him; repeatedly called “boy” by a supervisor; and given a less desirable route and a worse truck.
After filing grievances in 2018, 2020, and 2021alleging racial discrimination and other workplace mistreatment, he was fired in 202 following a sexual harassment investigation into whether he touched a female employee’s back.
A reasonable jury could find Gratton was fired for speaking out and UPS’ stated reason for his firing — alleging he assaulted an employee — was pretextual, Rice said in his April ruling, sending the case on for trial.
“We are disappointed with the jury’s decision but respect the process and the deliberations of the jury,” UPS spokesman Glenn Zaccara said in the email. “We intend to appeal the verdict based on a number of evidentiary and legal errors.”
Zaccara said the company takes retaliation seriously, has prevention policies in place, and maintains its former driver was fired for an unprovoked assault on a female coworker.
The case is Gratton v. United Parcel Service Inc., E.D. Wash., 22-cv-3149, 9/12/24
Read the full complaint here:
Some excerpts:
Mr. O’Rourke is white and younger than Mr. Gratton. Rather than referring to Mr. Gratton by name, he referred to him as “Boy” throughout the day. For example, he said to Mr. Gratton, “Is this the hardest you’ve ever worked, Boy?” “Move faster, Boy, let’s go!” “Boy, I told you to hurry!”
A Footlocker employee witnessed some of Mr. O’Rourke’s conduct towards Tahvio Gratton that day, which she described as “shocking”:
When Tahvio greeted me and asked how I was doing, the other man said, “Let’s get going, boy, let’s move.” “I didn’t tell you to talk, boy.” He went on to call Tahvio “Boy” over and over again, while barking orders at him. Every time this man talked to Tavhio while in the Foot Locker store that day, he call him “boy.” I was absolutely shocked.
At the end of Tahvio’s delivery that day, I was double-counting all of the boxes as I always did before singing off. During that moment of downtime, Tahvio and I again exchanged a few words. His supervisor barked, “I told you, boy, you’re not supposed to talk!"
These events caused Plaintiff Tahvio Gratton severe humiliation and distress. He broke down crying in his car before driving home that day.
UPS subjected Mr. Gratton to ongoing retaliation, including open displays of hostility.
On or about May 25, 2018, Mr. Gratton came to the UPS Center on a day off in order to pick up a personal package. On-Road Supervisor Fromherz stopped Mr. Gratton and asked, “Are you working today?” When Mr. Gratton said “No,” Fromherz yelled, “Then get the fuck off the property!” Mr. Gratton was shocked and asked, “What did you just say?” Fromherz repeated, “Get the fuck off the property."