Kenneth Brown v. United Parcel Service, Inc.
406 F. App'x 837
5th Cir.2010Background
- Brown, African American UPS driver in Gulfport, Mississippi, and Bates, Caucasian, became his supervisor in 2007 and reportedly clashed.
- Brown complained to Bates about unequal stops and unpaid overtime; he filed union grievances on July 20 and September 14, 2007 after no action.
- Brown alleged Bates threatened termination for taking a lunch break at home, leading to a third grievance on October 1, 2007 asserting discriminatory treatment.
- An October 19, 2007 trucking incident resulted in a minor collision; Brown was terminated on October 25, 2007 after an investigation.
- The collective bargaining agreement allowed discharge only with just cause, with a waiver for a so-called avoidable runaway accident; Brown challenged his termination through EEOC charges in 2007-2008.
- District court granted summary judgment to UPS on all claims; Brown appealed solely the Title VII retaliation claim, arguing protected activity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown engaged in Title VII-protected activity | Brown contacted management about discrimination-like issues. | Complaint did not allege race/color/religion/sex/national origin discrimination. | Brown did not engage in protected activity; no Title VII retaliation. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes prima facie retaliation framework)
- Ackel v. Nat’l Commc’ns, Inc., 339 F.3d 376 (5th Cir. 2003) (defines protected activity under Title VII)
- Turner v. Baylor Univ. Med. Ctr., 476 F.3d 337 (5th Cir. 2007) (protection requires reasonable belief of unlawful discrimination)
- Okoye v. Univ. of Tex. Hous. Health Sci. Ctr., 245 F.3d 507 (5th Cir. 2001) (McDonnell Douglas framework application)
- Stewart v. Miss. Transp. Comm’n, 586 F.3d 321 (5th Cir. 2009) (title VII protections limited to unlawful discrimination based on protected classes)