Reginald Jones v. UPS Group Freight
683 F.3d 1283
| 11th Cir. | 2012Background
- Jones, African-American, sued UPS Ground Freight for racially hostile environment under 42 U.S.C. §1981 and Title VII; district court granted summary judgment for UPSF and this appeal followed.
- Jones worked as an over-the-road driver trainee starting May 1, 2007; he parked at Trussville and picked up bananas from Ferguson terminal; banana peels appeared on his truck repeatedly with two incidents near end of employment (April 2008).
- Terrell, a white trainer, called Jones “Indians” during training and stated he had “trained your kind before,” which Jones argues as initial racial harassment.
- Jones reported the banana incidents to Miles (Trussville supervisor) who directed him to Carter (Trussville manager); Miles later emailed Martin about the complaint and about others allegedly making racial remarks, which the court later finds inadmissible for summary judgment.
- Three weeks after Banana disclosures, Jones observed Confederate-flag apparel at the Trussville terminal; Carter investigated only minimally and did not interview other workers; Jones then encountered two yardmen with a crowbar-like object who faced him after he reported the issue.
- Court vacated district court’s summary judgment and remanded, finding that a reasonable jury could find a racially hostile environment based on escalating incidents and totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miles’s email about “racial remarks all the time” is admissible on summary judgment | Jones relies on Miles’s statement as evidence of pervasive remarks. | Miles’s email is hearsay and not admissible to prove truth at summary judgment; cannot be reduced to admissible form. | Not admissible for summary judgment; cannot be used to defeat UPSF’s motion. |
| Whether banana incidents and Confederate clothing establish a hostile environment | Record shows repeated racially tinged acts escalating in frequency and severity. | Not all obnoxious conduct is discriminatory; must be based on race and be severe/pervasive. | A jury could find hostile environment given escalation, timing, and context. |
| Whether Terrell’s Indian slur constitutes actionable harassment at summary judgment | Terrell’s racial slur should be considered as part of the hostile environment. | Single early incident insufficient, but could be considered as part of total evidence. | Could be considered; not dispositive alone, but supports HWE finding. |
| Do the banana incidents alone sustain a hostile environment or must be tied to race | Banana placement implies racial message against Jones. | Banana presence could be non-racial; context matters. | Record supports combining incidents with other racially tinged conduct to reach jury question. |
| Should district court’s grant be affirmed or vacated | Summary judgment improperly resolved disputed factual issues. | Record shows no triable issue on hostility. | Judgment vacated and remanded for further proceedings consistent with opinion. |
Key Cases Cited
- National Railroad Passenger Corp. v. Morgan, 536 F.2d 101 (U.S. 2002) (establishes standard for severe or pervasive harassment under Title VII)
- Reeves v. C.H. Robinson Worldwide, Inc., 594 F.3d 798 (11th Cir. 2010) (factors for evaluating hostile environment; no single factor dispositive)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (U.S. 1998) (social context relevant to hostile environment)
- EEOC v. Xerxes Corp., 639 F.3d 658 (4th Cir. 2011) (requires consideration of subjective and objective components)
- Green v. Franklin Nat’l Bank of Minneapolis, 459 F.3d 903 (8th Cir. 2006) (confederate imagery and racial harassment can support HWE)