Employee Scores Monster Verdict in Bias Suit

A federal jury in Washington state has returned a $237.6 million verdict in favor of a Black employee who filed a racial bias suit. The verdict, which is subject to appeal, includes $198 million in punitive damages.

Tahvio Gratton began working as a package car cover driver at a Seattle UPS location in 2016. In that role, his main responsibility was to cover for drivers who had regular routes and were out for the day.

After two years, Gratton moved to Yakima, Washington, and began working for UPS there.

The move to Yakima brought tension and problems. In April of 2018, Gratton filed a grievance to say he had been laid off many times without advance notice and in violation of his contractual guarantee to work a certain number of hours.

Gratton, who is Black, said he was laid off instead of white drivers with less seniority. As a result of the grievance, he was awarded back wages for hours that he missed.

Did Supervisor Call Him ‘Boy’?

Soon after the grievance was filed, a supervisor accompanied Gratton on a shift and allegedly repeatedly referred to him using the word “boy.” The supervisor allegedly continued to refer to Gratton as “boy” even after Gratton asked him to stop.

Gratton alleged that when he reported the supervisor’s conduct, a higher-up shrugged him off and said, “That’s just the way [the supervisor] talks.”

Gratton said other supervisors retaliated against him for reporting the supervisor’s alleged misconduct, including by verbally abusing him and denying him work.

Additional grievances by Gratton followed, after which supervisors allegedly began searching for reasons to terminate his employment – including taking a 29-minute lunch instead of a full 30-minute lunch.

Two co-workers said they saw two supervisors discussing their desire to get rid of Gratton.

Gratton also said he was berated for having tattoos while white employees were not.

UPS gave Gratton his own route in October of 2018, but he says it was the most undesirable route available.

In the middle of that month, he filed administrative charges of race discrimination, harassment and retaliation.

Others Support Bias Suit Allegations

Other Black employees at UPS’ Yakima location reported similar incidents of racial harassment and retaliation.

UPS dismissed Gratton in late October of 2021 based on alleged sexual harassment. Gratton said he merely tripped and reached out to steady himself on a female employee, while UPS said he touched the female employee inappropriately.

Gratton sued UPS in October of 2022, alleging discrimination, hostile work environment and retaliation.

A key development in the bias suit occurred in April of 2024, when the federal district court handling the case declined to entirely grant a UPS motion for summary judgment and cleared a path for the matter to reach a jury.

Bias Suit Produces Decision

More specifically, the court ruled in the bias suit that Gratton’s claims of unlawful retaliation and wrongful termination should proceed. Importantly, it also specifically rejected the employer’s motion to essentially strike Gratton’s claim for punitive damages.

As to retaliation, the court said Gratton engaged in protected activity when he filed an administrative charge of discrimination and grievances. In addition, it noted that Gratton was terminated after he engaged in the protected activity, and it rejected the employer’s argument that too much time passed between the protected activity and the adverse action to justify a finding that there was a causal connection between the two.

Bias Suit Goes to Jury

Even though UPS said Gratton was let go due to sexual harassment, there were different accounts of what happened that day and it was for a jury to decide the real reason for the decision to terminate his employment, the court said.

The jury trial in the bias suit began in early September of 2024. The jury awarded $39.6 million for emotional distress together with $198 million in punitive damages.

UPS has indicated that it plans to appeal the verdict.