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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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