Danielle Toth  |  November 15, 2021

Category: Discrimination

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UPS and class action lawsuit
(Photo Credit: Osugi/Shutterstock)

UPS Discrimination Class Action Lawsuit Overview: 

  • Who: Galena Goins, Sonia Lopez, and Terry A. Jones-Jackson have filed a class action lawsuit against UPS.
  • Why: The plaintiffs allege the company engages in systemic discrimination based on gender, age, and disability. 
  • Where: The class action lawsuit is pending in California federal court.

At United Parcel Services, Inc. (UPS), female employees are forced to work in the back while the men work in the front in violation of the company’s seniority rules, and women are routinely denied opportunities for advancement and higher pay, according to a new class action lawsuit.

“UPS’ standard operating procedure is to hold back women from supervisory roles, full-time and overtime opportunities, regardless of their performance,” the class action, lodged by lead plaintiffs Galena Goins, Sonia Lopez, and Terry A. Jones-Jackson, states.

Working under a double standard, women report to work at UPS unsure of their position and whether they will get bumped from their permanent positions despite their seniority, allege the plaintiffs. In this way, women are forced to prove their commitment to UPS in a way no one else is, facing demotion if they take advantage of the company’s flexible work policies or paid leave. 

The plaintiffs also say they risk isolation, being forced to work in areas with flows too heavy for one person, and are even pushed out of their section if they do not meet the new and impossibly high standards that are set for them—if they dare to complain about the unequal treatment

“UPS’ policies and practices are emblematic of the ‘old boys’ club’ that permeates corporate culture, suppresses female advancement and stereotypes women,” the lawsuit states. “When female employees complain about workplace culture, they are punished.”

UPS Class Action Lawsuit Wants Back Pay, Change in Work Policies

The plaintiffs seek to represent several Classes of UPS workers. They want the court to issue a declaratory judgment that UPS’ practices are unlawful; a permanent injunction against UPS and all persons acting in concert with it from engaging in any further unlawful practices; an order requiring UPS to initiate and implement programs that remedy the hostile work environment at UPS, ensure prompt, remedial action regarding all claims of gender, age and disability discrimination and eliminate the continuing effects of the discrimination and retaliatory practices; an order requiring UPS to initiate and implement systems for compensating female employees in a non-discriminatory manner; an order directing UPS to adjust the compensation of class members to the level that they should be enjoying; an award of back pay, front pay, lost benefits, preferential rights to jobs and other damages suffered by the plaintiffs; an award of nominal, liquidated and compensatory damages; punitive damages, litigation costs and expenses; and pre- and post-judgment interest. 

This is not the first class action UPS has faced over its employment practices. In recent years, workers lodged a class action lawsuit alleging UPS uses background checks to make employment decisions without providing the results to job applicants or employees in violation of federal law.

Are you a UPS employee? Have you faced discrimination? Let us know in the comments! 

The plaintiff is represented by M. Alieu Iscandari, Esq., of Iscandari Law Group and Tiega-Noel Varlack, Esq., of Varack Legal Services. 

The UPS Discrimination Class Action Lawsuit is Goins, et al. v. United Parcel Service, Inc., Case No. 3:21-cv-08722, in the U.S. District Court for the Northern District of California.


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28 thoughts onUPS Discriminates Against Female Employees, New Class Action Lawsuit Claims

  1. Desired Ramirez says:

    Please add me my case is serious and unfair in so many ways. The sexual harassment and retaliation issues in ups happen all the time to the point when I reported it to the district manager the females all thanked me for reporting it because it happens so often but the woman are to scared to report it with fear of losing their job…. Please help

  2. Lela manning says:

    I work in wi for 31 yrs, filed for discrimination, harassment, unequal pay and sexual harassment. It got all the way to federal court and was thrown out. Only in Wisconsin. The whole case is there on file in Wisconsin.
    Is there anything that can be done?

  3. Mel Thomas says:

    I was an Operations Management Specialist for five years. I was subject to harassment, discrimination, and wrongful termination. Committed against me by coworkers and multiple managers that were a revolving door in our center. We will call them Carl, Jay, Bob, Toby, and Trish. My schedule would be changed always coinciding with my college courses and completion of them.

    The shift for which I was initially hired was the most critical and stressful, as far as time of day, because it coincided with the close of businesses. I fortunately had intimate knowledge of the routes bc I grew up in that neighborhood, and I quickly developed strong rapport with the drivers that i needed to work with me to “fix” and successfully complete all the routes. This was due to terribly planned dispatches by new, inexperienced, or just plain terrible managers on a daily basis.

    It was common practice because of the relatively entry-level management position it was, and our age group typically hired in this role, that OMS’s would frequently trade shifts to suit their school schedules or childcare commitments. There came a point where I was unable to complete my college courses because all of them were being offered during my current work schedule. Multiple requests to Manager Carl to trade shifts were declined, regardless of the other workers’ lack of commitment to another venture.

    I was promised the morning shift multiple times, and denied multiple times, despite my seniority, my knowledge, effectiveness, and superior execution of the role. Eventually, the morning OMS left the company, so the shift was open and awarded to me permanently by Carl bc he had no excuse not to move me.

    When Carl left, and Jay took over, My absence from the afternoon shift became abundantly problematic with significant service failures. This became a problem for the aforementioned coworker, Trish. because her job was now more stressful due to the worsening dispatches of Jay, combined with the new hire, Toby.

    Jay’s inability to perform his duties were causing the center to be looked at hard by the executive teams. Toby was an employee of two weeks at that point, and was failing miserably at the afternoon shift, firstly, because he was disrespectful, lazy, and disliked by the drivers, and second, he completely lacked the area knowledge and problem solving skills I possess. Instead of fixing the dispatch, Trish and New Manager, Jay, colluded to put me back to the afternoon to save Jay’s job.

    I refused to switch to the afternoon shift. When I was first hired, I was on the very same afternoon shift. It was brutal, and required very quick and creative thinking. I struggled initially, but was NEVER offered an “easier” shift to help me acclimate or do less damage. It was sink or swim.

    Two more OMS’s left the center after Toby and Jay’s arrival. They were doing damage control trying to give Toby my morning shift because “it was easier and he could do the least damage screwing up during that timeframe. Even without a school schedule commitment, I had years of seniority over this new, disliked kid. and the same said of Toby,

    Then I was given ultimatums by Trish—who has zero authority to make schedule changes—and Jay—who was the primary reason things were failing and why he was even there bc it is the smallest center in California. When Toby started catching more attitude than he was already carrying daily toward me, I decided my best option was to leave that group entirely.

    So, I requested a transfer and placement in another center that needed an OMS for an early shift, or a new position similar or identical to the one I currently held, within the building that would suit my schedule. I made this request with full knowledge there existed multiple centers in need of a 5am management position.

    One center in particular definitely needed staffing, bc it was a new building. I had also previously worked with and was well liked by the manager running it. In fact, long before the shift disputes had reached the level of quit or change, this manager had personally requested that I be transferred to his building to run it. I was unaware of this fact and it was never offered to me. Only when I reached out to him with my transfer request did I become informed, and he was told I had declined!

    Even though it would be a considerable commute, it would be worth it because I’d have no more interaction with the toxic coworkers, and would have finished one of the three previously failed semesters of school. I mention school as an important factor because UPS offers education reimbursement upon completion of courses, and promotion upon certificate or degree completion. These were factors in the multitude of discriminatory actions against me.

    The manager of the center I wished to transfer to was very onboard with my transfer, and also requested me for the new building. A threat came in the form of “sending me to preload” which to their shock, I welcomed, because it would work with my school schedule..

    I was in daily contact with HR and the current center manager daily, to see if my transfer request was sent or being worked on. My current manager stopped answering or returning my calls, denied my transfer request, and fired me for “no call no show” when he failed to call me back or provide me a transfer to the multiple available positions available within my needs.

  4. Amy Holland says:

    Hello
    I worked at UPS for 20 yrs. My situation was similar to Cynewulf Weeks Who commented on Jan3 2022.
    There was misconduct, harassment, retaliation, and wrongful Termination.
    I was also an injured female who was Being forced to resign and refused. So I was let go for false reasons. I am still in a legal battle over a surgery from 2017. I have been bullied, my lawyer has been bullied. I don’t know what to do! I feel helpless.
    Sincerely
    Amy Holland

  5. Cyndee Weeks says:

    I’m a Ups Employee, almost 30 years, Delivery Driver/Hub now. I ve been out on Workmans Comp since January 23rd, 2019, Slipped inside the building, clear liquid, possibly Hydrologic fluid. Had 2 Rotator cuff Surgery’s, due to Pandemic, had to wait 16 months & for a new Doctor, my original Doctor left JOI & moved out of State. Liberty Mutual & Ups have discriminated towards me & even though I have a Good Workmans Comp Attorney, if I want to file Harrassment & Discrimination & I have Grievances I ve filed through the Union for Harrassment on my 2nd shift in the Hub, I d have to reach out to an Attorney who handles Discrimination Cases & for the last 3 years, I ve lost all of my Overtime, 6 weeks of paid vacations & my option week as well. With just that, it adds up to almost $50,000 & Ups is trying to Low Ball me with a settlement & this injury wasn’t on me, I know I rotate my work shoes, I have 8 different pairs!! I look down when I walk, Getting in & out of my Package Car, I look before I step, would’ve walked around any wet liquid if had been visible!! The way they act like it’s my fault, but honestly, they tried to Cover up my injury at one time! I know Ups has High paying Attorneys & I feel helpless at times! I don’t want Anyone to Ever go through what I have endured! They Harrasse their Senior Female & Male Employee’s trying to force us out! Even though, We still perform out job duties & are dedicated, but by paying us our hourly wage, “Roughly, $34.00, They constantly do the Head games & it’s not right!! I know Ups is a Very Powerful Fortune 500 Company, but I might be only 1 Woman, but I m a Human Being! First & foremost, They shouldn’t be allowed to get away with Bulldog Us to Retire!! I m in Fleming Island, Fl & would like some help please, Thank you for your time & reading & only hope to hear from You! Good Day ! ?

  6. myra says:

    Yes I have a disability had heat exhaustion one day and was forced to quit or go back to doing my job knowing i couldn’t

  7. Shana Marie Fratus says:

    Yes I have. Fired for no reason. Wasn’t even the Union law.

  8. BARBARA ROGERS says:

    please add me

  9. Mar says:

    I worked in ups last year as a delivery helper and they always gave the men work first, leaving the women behind and many times we had to return home without pay because supposedly there was no work for us that day. I was hired by the company and they never gave me a job.

    1. Debra Cook says:

      I’m currently a season helper and have yet to be given any hours.
      Any recourse for us?

  10. Myesha Arnold says:

    I applied for ups and the denied my application. I don’t know why. I been waiting to start work but never got hired

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