Tennial v. United Parcel Services, Inc.

In 2009, Tennial, an African-American began working as the Business Manager of a UPS Packaging Center. His supervisors noted serious performance deficiencies at that facility over the next two years. Tennial contends that his performance was on par with Caucasian managers. After moving to a new position, Tennial’s deficiencies persisted. There was one incident in which over 200 packages were not sorted in a timely manner. He refused to step down. Tennial claims that an extremely hostile work environment ensued. As a result, Tennial requested and was granted leave for stress, depression, and anxiety under the Family Medical Leave Act. He missed UPS’s peak holiday season. When he returned to work, new supervisors noted numerous service failures. Tennial was placed on a Management Performance Improvement Plan and eventually demoted to a position that he currently holds. In his suit under 42 U.S.C. 1981, the Age Discrimination in Employment Act, 29 U.S.C. 623, the Americans with Disabilities Act, 42 U.S.C. 12101-12213, and Title VII, 42 U.S.C. 2000e, Tennial argued that the Plan and his subsequent demotion were motivated by race, age, and disability discrimination, and by retaliation for taking medical leave. The Sixth Circuit affirmed summary judgment in favor of the defendants. The Caucasian managers identified by Tennial were not valid comparators; the reasons for his demotion were not pretextual. View "Tennial v. United Parcel Services, Inc." on Justia Law