In a case decided by the U.S. Court of Appeals or the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS) (copy and paste this URL into the address bar of your browser. http://caselaw.lp.findlaw.com/data2/circs/8th/013595p.pdf), a UPS dispatcher was denied a supervisory position because her boss feared drivers would make her cry. Read the case and discuss the outcome of the case, whether the holdings of this case could lead to unlawful excuses for discrimination in other settings and/or against other classes, and the ethics of incorporating the principles of this case into DWI's EEO policy book and training.
FYI Only - Background history of DWI:
DWI (Diversified Worldwide Industries) is headquartered in West Palm Beach, Florida, and has over 150 offices in 30 countries. DWI is incorporated in the State of Delaware; its ships are flagged by Liberia and the Bahamas.
The Corporation's principal activities are grouped into the following areas:
ENVIRONMENT: Water and water treatment, waste management;
OIL & ENERGY: Exploration, production, transport, refining, wholesale marketing, alternative fuels research;
COMMUNICATIONS: Telecommunications, Internet, audiovisual activities, publishing and multimedia;
LEISURE & RECREATION: Hotels, casinos, cruise ships;
REAL ESTATE: Builds homes and manages properties in active adult, age-restricted communities;
FINANCIAL: Brokerage for capital market investments in Russia, Eastern Europe, China, and emerging markets;
MANUFACTURING: Produces, distributes, markets, exports and imports spirits and wines.
This was a very interesting case. The most interesting point was not that the employee did not make out a claim for employment discrimination, but that she could have if there were better supporting facts.
The issue of the case was that the employee could not show that not promoting her based on the fact tha confrontations may make her cry was pre-text for not promotng her because she was a woman. In the event that she did not have situations where she could not handle confrontational employees, the ...