U. S. Equal Employment Opportunity Commission

Discussion in 'UPS Union Issues' started by civilrightsfighter, Apr 20, 2007.

  1. civilrightsfighter

    civilrightsfighter UPS Civil Rights Fighter


    EEOC Charges United Parcel Service with Religious Bias due to 'No Beard' Policy

    NEWARK, N.J. - Global shipping giant United Parcel Service (UPS) committed religious discrimination at its Secaucus, N.J., facilities, by refusing to hire a Rastafarian as a driver helper because of his beard, which he wore for religious purposes, the U.S. Equal Employment Opportunity Commission (EEOC) charges in a lawsuit.
    EEOC says that UPS required Ronnis Mason to shave his beard if he were to be hired for that position helping with customer deliveries and requiring customer contact. Mason wears his beard as part of his observance of Rastafarianism, a Jamaican-born religion with around one million adherents in the world. Mason explained to UPS that he could not shave his beard, and UPS told him that he could then only apply for an "inside," lower paying position that would not have contact with the public.
    Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations to employees' and applicants' sincerely held religious beliefs as long as this does not pose an undue hardship. The EEOC alleges that by refusing to accommodate Mason's religion and by not permitting him to work as a driver helper, UPS interfered with Mason's employment opportunities and ability to make a better living in the higher-paid position he sought. The EEOC filed suit in the U.S. District Court for the District of New Jersey in Newark after first attempting to reach a voluntary settlement.
    "Employers are not permitted to deny an individual equal opportunities because of that person's religion, and the EEOC will seek full relief against employers who discriminate," said Elizabeth Grossman, the EEOC's New York District regional attorney.
    Spencer H. Lewis, Jr, director for the EEOC's New York District Office, added, "Employees are entitled to an accommodation of their sincerely held religious beliefs and practices they should not be hidden from the public in the back room or paid inferior wages simply because they are practicing their religion."


    No. 97—1992


    [June 22, 1999]
    Justice O’Connor delivered the opinion of the Court.
    Respondent United Parcel Service, Inc. (UPS), dismissed petitioner Vaughn L. Murphy from his job as a UPS mechanic because of his high blood pressure. Petitioner filed suit under Title I of the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 328, 42 U.S.C. § 12101 et seq., in Federal District Court. The District Court granted summary judgment to respondent, and the Court of Appeals for the Tenth Circuit affirmed. We must decide whether the Court of Appeals correctly considered petitioner in his medicated state when it held that petitioner’s impairment does not “substantially limi[t]” one or more of his major life activities and whether it correctly determined that petitioner is not “regarded as disabled.” See §12102(2). In light of our decision in Sutton v. United Air Lines, Inc., ante, p. ____, we conclude that the Court of Appeals’ resolution of both issues was correct.

    EEOC v. United Parcel Service
    No. 02-C-6305 (N.D. Ill. September 2, 2003)
    In this ADA lawsuit, the Chicago District Office alleged that defendant, a nationwide delivery service, discriminated against charging party, a feeder driver, based on his disability (insulin-dependent diabetes) by failing to transfer him to a vacant position as a reasonable accommodation. Charging party, who had worked for defendant as a tractor-trailer driver for approximately 15 years, was first diagnosed with Type II diabetes in 1998. In July 1998 he suffered a hypoglycemic episode while driving which caused him to become disoriented and to crash his truck. Thereafter, he was removed from driving duties and placed on short-term disability leave. Despite repeated attempts, charging party was unable to obtain a non-driving position with defendant. The case was resolved through a settlement agreement for payment of $149,999 ($74,999.50 in back pay and $74,999.50 in non-wage damages) to charging party. Defendant agrees to provide a positive letter of reference to charging party and to not contest his application for state unemployment benefits.

    EEOC v. United Parcel Service
    No. 01-00342 SPK KSC (D. Hawaii Dec. 12, 2003)
    In this Title VII action, the San Francisco District Office alleged that Defendant, a national package delivery firm that is headquartered in Atlanta, Georgia, discriminated against charging party, an African American driver in its Kahului-Maui, Hawaii terminal, by firing him because of his race. The district office claimed that defendant's reasons for discharging charging party insubordination and use of profanity were pretextual because defendant administered less severe discipline to non-Black coworkers who engaged in similar or substantially worse behavior. The case was resolved by a two-year consent decree that applies to UPS locations in Hawaii. Defendant is required to pay charging party $150,000 and to provide him with a letter of reference which includes a statement that defendant received letters from customers commenting favorably on charging party's treatment of them. Defendant will create a two-hour training program to instruct all current supervisory and managerial staff on nondiscrimination laws, disparate treatment discrimination, and the company's anti-discrimination policies and complaint procedures. Defendant is also obligated to conduct nondiscrimination training by videotape or computer for all new supervisors and managers within thirty days of their employment. Finally, Defendant must distribute its nondiscrimination policies to all of its Hawaii employees and all new hires and post them in conspicuous locations at all Hawaii facilities.
  2. moreluck

    moreluck golden ticket member

    Over a year old.....that's some breaking news you got there.
  3. farhantx

    farhantx New Member

    Well, this law is over 40 years old. And this law means a lot to minorities. It’s not about how old this law is, it’s all about its enforcement and awareness in our cosmopolitan society. For instance, in Dallas County, majority of the people are Latinos and most of the people who are hired as Part-time employees in Dallas/Fort worth area’s UPS Hubs are non-whites. However, most of the Full-time management positions are dominated by White Americans. On the other hand, even though there are more people representing minorities in FT hourly positions, still most of the hourly non-management FT positions are not held by minorities either.
  4. brett636

    brett636 Well-Known Member

    That case is such BS. UPS has the right to ask for certain appearance standards to help maintain its image to the public. If that guy doesn't want to cut his hair he can go work for someone else.
  5. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    You stole my thunder!
  6. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    Latinos make up about 35% of the Dallas population and Whites are around 34% and Black at about 25% and Asians 3%. Surely when you say "the hourly non-management FT positions are not held by minorities either" you are not talking about Latinos? I hope not.
  7. 71chevy

    71chevy Member

    Don't some, if not most, of the people in the rastafarian religion think the use of marijuana is for religious purposes.

    I wonder if these courts would rule in favor of a person, with illegal substances in his system, to work at UPS, or receive a settlement , due to their religious beliefs. Just wondering.
  8. moreluck

    moreluck golden ticket member

    Here's some info. on that religion. Apparently their god died....

    Rasta, or the Rastafari movement, is a religion and philosophy that accepts Haile Selassie I, the former Emperor of Ethiopia, as God incarnate, whom they call Jah.[1] He is also seen as part of the Holy Trinity as the messiah promised in the Bible to return. The name Rastafari comes from Ras (Head or Duke or Chief) Tafari Makonnen, the pre-coronation name of Haile Selassie I.
    The movement emerged in Jamaica among working-class and peasant black people in the early 1930s,[2] arising from an interpretation of Biblical prophecy partly based on Selassie's status as the only African monarch of a fully independent state, and his titles of King of Kings, Lord of Lords, and Conquering Lion of Judah (Revelation 5:5). Other factors leading to its rise include the sacred use of cannabis,[2] and various Afrocentric social and political aspirations,[2] such as the teachings of Jamaican publicist and organiser Marcus Garvey (also often regarded as a prophet), whose political and cultural vision helped inspire a new world view.
    The Rastafari movement has spread throughout much of the world, largely through interest generated by reggae music—most notably, that of Jamaican-born singer/songwriter Bob Marley. By 2000, there were more than one million Rastafari faithful worldwide. About five to ten percent of Jamaicans identify themselves as Rastafari. Many Rastafari follow an ital diet which essentially means living by the dietary Laws of Leviticus and Deuteronomy in the Old Testament.
  9. farhantx

    farhantx New Member

    TO me, the purpose of 1964 Civil Rights Law was to protect minorities’ rights. I encourage member area23 to get out of his ranch so he and other people like him could see there is an other world out there, a very diverse one. It’s 21st century, a globalization era.

    People with “ with us or against us” or narrow minded mentality need to grow up and start socializing with different people out there representing different cultures and religions.

    If there was Bush administration in 1964, I bet, this Law would’ve never passed, far from turn into an amendment. This law isn’t about whether someone wants to wear beard, it’s about respecting each other rights and freedom of speech and religion. And people who have problem with beard, must forget, Abraham, Moses, Jesus and Muhammad, they all had beard. Should Jesus be refused to work for UPS on FT management or non-management position when he comes back????

    One shouldn’t depend on others or any union when it comes to discrimination or equal opportunity and should take stand as Rosa Parks did!

    God Bless America!

    Send Bush back to his Crawford Ranch!
  10. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    "It’s 21st century, a globalization era."

    Globalization would all but totally erase this country's identity. If someone wants to experience different cultures they should go buy a plan ticket. We shouldn't have to give up or nation's sovereignty to feel part of some "global community."

    I'm all for treating people with dignity and respect as long as they do so in return but some people out there are abusing these laws. A company shouldn't have to ignore their policy just because their employee did when he decided to accept the job. Rules are rules. People are using discrimination as a way to get what they want in life, or in this case, to avoid established company policies that were in place before they were hired. It's getting rediculous.
  11. Six Sides

    Six Sides Member

    Do you work for the firm Dewey Cheatum & How?