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Russell v. United Parcel Serv.3/28/1996
PETREE, Presiding Judge.
Plaintiff, Andrea J. Russell, appeals from the decision of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant, United Parcel Service.
Plaintiff asserts a single assignment of error:
"The trial court erred at page 72 and 73 of the record when it granted the motion of appellee for summary judgment because appellant was the subject of discrimination when she was fired from her position at UPS as a supervisor-manager when UPS applied in a discriminatory manner a policy against fraternization with co-workers. Her firing was either in violation of Section 4112.02(A), Revised Code or 9 if that statute does not afford her a cause of action, then her firing was contrary to clear public policy which is an exception to Ohio's Employment-At-Will doctrine."
In June 1976, plaintiff entered the employ of defendant. Over the course of the next seventeen years, she was promoted through the ranks to various supervisory positions. Ultimately, she was promoted to a management position supervising thirty-two managers and between one hundred twenty-five and one hundred eighty hourly employees.
Upon her promotion to a supervisory position, plaintiff was given a copy of defendant's policies and procedures manual. Included in this manual is the "Impartial Employment and Promotion Guide," which sets forth defendant's policy regarding fraternization among employees. The policy states:
"Fraternization is discouraged throughout our organization. Fraternization which includes a supervisory or management employee may be perceived as favoritism or sexual harassment. Fraternization between a supervisor or manager and an employee is not permissible. Fraternization is clearly not in the best interest of the company, the manager or the employee."
Defendant's policy against fraternization includes both romantic involvement and merely cohabiting. Fraternization between peers is discouraged, and fraternization between management or supervisory personnel and hourly employees is "not permissible." Plaintiff acknowledged that she read and understood the policy to mean that fraternization between management personnel and hourly employees is prohibited.
In January 1993, plaintiff became romantically involved with Tani Mann, a part-time hourly employee. The two began living together in March 1993. Both plaintiff and Mann were aware of and discussed the fact that their romantic involvement and living arrangement violated defendant's policy against fraternization.
On May 16, 1993, plaintiff and Mann attended a Travis Tritt concert with two other women. While at the concert, another employee, Terry Bell, observed plaintiff and Mann engaging in a public display of affection toward each other. Terry Bell reported the incident to defendant's management.
On June 22, 1993, Tom Volta, defendant's Human Resources Manager for the Central Ohio District, confronted plaintiff about the incident at the concert. Plaintiff admitted that she was involved in a romantic relationship with Mann and that they lived together. She also admitted that she was aware that the relationship violated defendant's policy against fraternization. She further admitted that the incident at the concert had in fact occurred and that she had been drinking at the time and may have been too intoxicated to remember all of the details of her behavior. At this meeting, Volta asked plaintiff if she intended to have Mann move out of her home; plaintiff indicated that she would not force Mann to move out, but that Mann would probably resign her position with defendant.
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