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Judge: Love is loser in nonfraternization policy

Jennifer Nelson
January 1, 2008
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Although the United Parcel Service Inc. came out as winners in a discrimination case in the 7th Circuit Court of Appeals, love and marriage were deemed the losers by the appellate judges.

In Gerald C. Ellis v. United Parcel Service Inc., No. 07-2811, Ellis filed a discrimination claim against UPS after he was fired for fraternizing with a fellow employee. Ellis, a manager who is African-American, claimed he was fired after his supervisors discovered he was dating and eventually married a white woman who worked in UPS' phone center.

UPS has a strict nonfraternization policy, which forbids managers from having a romantic relationship with any hourly employee.

Despite this policy, Judge Terence Evans noted many employees dated each other and love must have been in the air at UPS because Ellis and Glenda Greathouse started dating and married after four years. They kept their relationship a secret from the company, but eventually Ellis' direct supervisor Angela Wade, who is African-American, learned about their relationship. Wade reported the relationship, and Ellis met with human resources manager Kenny Walker, also African-American. Walker explained the nonfraternization policy to Ellis and said the two would have to break up or one would have to quit.

Ellis didn't end the relationship and the two married a little more than a year later. Later, the company discovered Ellis did not break up with Greathouse, and Walker fired Ellis for violating the policy and for dishonesty after he refused to resign.

In his appeal, Ellis didn't present evidence to show he was fired for having an interracial relationship with another employee, wrote Judge Evans. The evidence he produced of multiple intraracial relationships being treated more favorably were not subject to the same decision makers as Ellis when they allegedly violated company policy by fraternizing. His failure to establish that any other similarly situated manager in an intraracial relationship was treated more favorably doomed his discrimination claim, the judge wrote.

Judge Evans emphasized the court's decision to affirm summary judgment in favor of UPS shouldn't be construed as an endorsement of the nonfraternization policy at UPS. The judge went on to note that these days, more and more people are meeting significant others at work because that is where they spend most of their time. Also, Ellis was a good employee and had a long work history with UPS, and that he met his future wife while at work makes for a fairly nice story, he wrote.

"Although UPS, for the reasons we have stated, comes out on top in this case, love and marriage are the losers. Something just doesn't seem quite right about that," Judge Evans wrote.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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