ILNews

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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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