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Greer v. United Parcel Service12/5/2005
Appellants, Rocky Greer and Steven James, challenge the summary judgment entered in favor of respondents, United Parcel Service, Inc. (UPS) and James Wood, on appellants' sexual harassment complaint. According to appellants, they were victims of job discrimination in the form of a sexually harassing hostile work environment based on sexually explicit comments made by Andi Ramos, a female co-worker at UPS. Appellants acknowledge that these comments stopped in February 2002, but contend that Ramos thereafter established a pattern of harassing and retaliatory conduct.
The trial court found that the sexual harassment claims were untimely. Appellants failed to file their complaints with the Department of Fair Employment and Housing (DFEH) within one year of the last act of alleged harassment. The court further concluded there was no evidence of ongoing harassment. Appellants did not point to any incidents of sexual harassment that occurred after February 2002 but, rather, were relying on the mere fact that they had some contact with Ramos as part of their work duties. The court also found that appellants could not prevail on a retaliation claim because they could not show that UPS took action against them that resulted in a substantial and detrimental effect on their employment.
As discussed below, the trial court's analysis was correct. Accordingly, the judgments will be affirmed.
BACKGROUND
Greer and James started working as package drivers for UPS in the late 1980's. By March 2001, both were working as feeder drivers. Feeder drivers drive tractor-trailers over long distances. As union members, appellants' employment is governed by a collective bargaining agreement.
Andi Ramos was the evening dispatcher. Her job duties included relaying the trailer numbers to each driver for that day's haul. Ramos also informed drivers, in order of seniority, when opportunities to do overtime work arose. This position is nonunion.
In February 2002, Greer made comments to a male co-worker that included a sexual innuendo while Ramos and several other drivers were present. When Greer's supervisor, respondent James Wood, became aware of this occurrence, he and another supervisor conducted meetings with all feeder employees for the purpose of reviewing the UPS policy against sexual harassment. Greer and James believed that Ramos had complained to management about Greer's inappropriate sexual comment.
Thereafter, Greer and James reported to Wood that they had been subjected to inappropriate sexual comments made by Ramos. However, both appellants later admitted that their complaints were retaliatory. Greer testified that his only reason for complaining to Wood about Ramos was that he believed Ramos had "made charges" against him. Similarly, James testified that he reported Ramos's sexual comments to Wood because "the rumor was that she was bringing charges of sexual harassment on Rocky Greer."
Appellants' complaints were taken seriously. However, when told an investigation was pending, Greer and James both informed Wood that, if the human resources investigator tried to talk to them, they would deny the allegations. This response prompted UPS to issue warning letters to Greer and James regarding "`making false and slanderous statements about an event that never occurred.'" After receiving these letters, Greer and James decided to cooperate with the UPS investigation.
At the end of the investigation, UPS concluded that it had insufficient evidence to substantiate appellants' allegations. Nevertheless, Ramos was instructed to minimize her contact with appellants. During the investigation Greer and James both stated
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