Fugate v. United Ground Express
5:23-cv-00008
E.D. Ky.Nov 7, 2024Background
- Earlie Fugate, a 61-year-old female with multiple sclerosis, worked as a Compliance Coordinator for United Ground Express (UGE) at Blue Grass Airport, under supervisor Bernardo Acosta.
- Fugate alleged Acosta mocked her disability, disclosed her MS to others, favored male employees, and generally created a hostile work environment.
- Fugate claimed she was denied a preferred work schedule despite seniority, her hours were later reduced following HR complaints, and she was constructively discharged.
- Following her resignation, Fugate filed EEOC complaints for age, race, disability discrimination, and retaliation; she then sued UGE and Acosta under the Kentucky Civil Rights Act (KCRA), Title VII, and the ADA.
- Defendants moved for summary judgment on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Age-based hostile work environment (KCRA) | Acosta mocked her as "oldest employee" | Conduct not age-based; MS/forgetfulness not age | No actionable age-based harassment; summary judgment for UGE |
| Sex-based hostile work environment (KCRA) | Acosta favored men, yelled at women, unwanted hug | Incidents isolated, not severe or pervasive | Insufficient for hostile environment; summary judgment for UGE |
| Disability-based hostile work environment (KCRA) | Harassment based on MS condition | Fugate not "disabled" under Kentucky Act | Fugate not disabled under KCRA; summary judgment for UGE |
| Retaliation (KCRA) | Complaints led to reduced hours & constructive discharge | Employment actions justified by position, no intent | Factual dispute exists; summary judgment denied for both |
| Gender discrimination (Title VII) | Alleged gender-related treatment by Acosta | Not included in EEOC charge | Not exhausted; summary judgment for UGE |
| Disability discrimination (ADA) | Discrimination/constructive discharge due to MS | UGE unaware of disability, no adverse action | Factual dispute exists; summary judgment denied for UGE |
| Emotional distress & future lost wages (KCRA/ADA) | Entitled to emotional distress, future lost wages | Not permitted under KCRA/ADA; not supported | Available under KCRA but not ADA; future wages not resolved |
| Attorneys' fees | No bad faith/litigation misconduct | Defendants request for limited fees | Request denied |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for assessing summary judgment and factual disputes)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (standard for hostile work environment)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting in discrimination cases)
- Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985) (public policy wrongful termination preempted by specific statute)