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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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