Jones v. UPS Ground Freight, 2:09-cv-01321

Jones, black former UPS road driver (May 2007–May 2008) was based at the Fulton Terminal in Mississippi with a Trussville, Alabama, limited work presence.
Incidents alleged: (i) May 2007 Terrell training remark calling him not Indian but “your kind”; (ii) April 2008 banana/banana-peel placements on his trailer; (iii) April 21, 2008 observed Confederate symbols worn by yardmen and related confrontations.
Jones reported the May 2007 incident to Miles; no written complaint was submitted and no further mention occurred for almost a year.
In April 2008, after multiple banana incidents and Confederate-symbol observations, Jones resigned (April 28, 2008) claiming fear for his safety; UPS contends he did not report to work for two weeks.
Jones alleges Title VII hostile work environment and constructively discharged claims, plus Alabama-law negligent-hiring, negligent-supervision, and intentional infliction of emotional distress.
The court granted UPS summary judgment on all claims, concluding no actionable hostile environment, no constructive discharge, and no viable Alabama-law tort theories.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jones's Title VII hostile environment claim survives.	Jones contends conduct created pervasive race-based hostility.	UPS argues events were isolated, not racially directed, and not severe/pervasive.	Denied; court grants summary judgment for UPS.
Whether Jones's constructive-discharge claim can succeed.	Harassment allegedly made conditions intolerable, forcing resignation.	No evidence of intolerable conditions or employer remedial failure; same conduct undergirds hostile-environment claim.	Granted for UPS; constructive-discharge claim failed.
Whether Jones's Alabama-law outrage claim survives.	Extreme and outrageous conduct caused severe emotional distress.	Conduct did not reach the level of outrageousness required by Alabama law.	Granted for UPS; no actionable outrageous conduct.
Whether Jones's negligent-hiring/supervision/training/retention claim survives.	Employer’s negligent supervision/retention led to discrimination.	No underlying tort by which employer liability could attach; Alabama does not recognize common-law race discrimination as basis for vicarious liability here.	Granted for UPS; claims fail.

Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269 (11th Cir. 2002) (elements of hostile environment)
Gupta v. Florida Board of Regents, 212 F.3d 571 (11th Cir. 2000) (conduct must be racial in nature for hostile environment)
Mendoza v. Borden, Inc., 195 F.3d 1238 (11th Cir. 1999) (consider totality of circumstances for hostile environment)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (U.S. 1986) (hostile-work-environment framework; sex-based harassment standard)
Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (employer liability for supervisor-created harassment)
Poole v. Country Club of Columbus, Inc., 129 F.3d 551 (11th Cir. 1997) (constructive discharge standard; remedial time considerations)