Age discrimination of part-time car washers as a class determined by EEOC

Discussion in 'UPS Discussions' started by tardus, Dec 15, 2009.

  1. tardus

    tardus New Member

    Any other senior part-time car washers over age 45 laid off by UPS? The EEOC has determined that UPS has engaged in age discrimination against the part-time car washers as a class.

    As one of the oldest and the most senior part-timer, with 33 years seniority, of approximately a thousand part-timers at my center, I have been laid off from the car wash and placed in the unload five times since Dec. 2006. I filed a grievance over the first lay-off and two weeks after I received a payment for that grievance I was laid off again. At that point I filed an age discrimination complaint with the EEOC (U.S. Equal Employment Opportunity Commission).

    It took them over two years but the EEOC finally made a determination that UPS has engaged in age discrimination both in laying off and in assigning the senior car washers to the unload.

    According to the EEOC:
    "The Commission finds that Respondent's [UPS's] misapplication of the Collective Bargaining Agreement and misrepresentation of the applicable provision of the CBA were willful and evidence of age related animus directed against the Charging Party and other part-time car washers in the protected age group. Moreover, Respondent's action to offer Charging Party the duties of working in "hub" unloading trucks after having illegally displaced him through false application of lay off procedures, is also discriminatory.
    Based on the analysis of the evidence, I have determined that Respondent subjected Charging Party to discrimination based on his age when he was selected for layoff and offered the physical and arduous work of unloading trucks, in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended.
    Based on the evidence, I have also determined that part-time car washers in the protected age group were discriminated against, as a class, because of their ages, in violation of the Age Discrimination Act of 1967, as amended..."
    Last edited: Dec 15, 2009
  2. rod

    rod retired and happy

    UPS still has car washers? You would never know it by looking at their fleet
  3. Kraetos

    Kraetos Preload, Loader

    33 years seniority as a part-timer? Wow. Over a thousand part-timers in your center? Wow.
  4. cwmaxxout

    cwmaxxout Member

    Great job! More people should call them out whe it is clear, and blatant, your ability won't match that of a younger person by nature in most cases! But it should always be respected, were as stand up be counted!
  5. paidover95

    paidover95 Member

    Good for you!!!!!!!!
  6. hdkappler

    hdkappler Member

    :peaceful:age discrimination isn't just parttime car's drivers over 55 also.(i had carprol tunnel missed 5 months.) last c.m. had it in for older drivers but when you are on makes it worse.
  7. tardus

    tardus New Member

    Thank you all for the encouragement. The important thing is to carefully document the issue and expect for the process with the EEOC to take years. Send the EEOC updates and ask the EEOC if they have had a response from UPS. If the UPS response is inaccurate, request an opportunity to respond.
  8. helenofcalifornia

    helenofcalifornia Well-Known Member

    Atta boy Tardus! What part of the country do you work in? How many hours do you get weekly? Do you get the opportunity to double all the time? Must be nice earning drivers wages and not working drivers hours unless you want.
  9. tardus

    tardus New Member

    I am in the Mid-Atlantic region. They have cut our hours back with no overtime or doubling so that we average only about 22 hours a week. According to a 2006 pension document, nationwide there are only 57 UPS part-time employees remaining with between 30 and 35 years of service and between 55 and 59 years of age.
  10. pemanager

    pemanager Member

    Can you please clarify the age discrimination for me? Were you laid off before less senior carwashers? Thanks.
  11. tardus

    tardus New Member

    Yes, I am the most senior car washer. What made this discrimination so egregious was that it was not some rogue supervisor who made the decision, but a senior manager at the center. And UPS continued the discrimination in a willful manner, laying me off three more times after I submitted the charge to the EEOC.
  12. brownrod

    brownrod Active Member

    You didn't answer the question. What did they do to discriminate? You haven't given us any details as to what actually happened to you...
  13. tardus

    tardus New Member

    It is worthwhile for all UPSers to familiarize themselves with the ADEA: "The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training."

    Two of those categories -- layoff and job assignments -- apply to my case. As the EEOC wrote, "Respondent's [UPS's] action to offer Charging Party the duties of working in the 'hub' unloading trucks after having illegally displaced him through false application of lay off procedures, is also discriminatory."
  14. pemanager

    pemanager Member

    I might have misunderstood / missed your answer but I would still like to know if you were 'laid off' while less senior car washers were not. Thanks
  15. tardus

    tardus New Member

    Yes, I am the most senior car washer and I was laid off when less senior car washer were not.

    Please be aware that you must notify the EEOC of a discriminatory action within 180 days. It is important to notify the EEOC in writing or in person at a local EEOC office as soon as possible for another reason also; if UPS continues the discriminatory action after the company has been notified of a discrimination charge, then the discrimination may constitute "willful" discrimination, and may result in doubled penalties. In other words, UPS cannot claim that they were unaware of the possible discrimination once a charge has been submitted to the EEOC.