Lesbian driver wins claim against UPS

Lesbian driver wins claim against UPS

Ann Rostow
PlanetOut Network
Friday, March 11, 2005

http://www.planetout.com/news/article.html?date=2005/03/11/4

A San Francisco jury has awarded $63,670 to a lesbian UPS driver
who sued the delivery service company for wrongful termination.

According to her lawyers, Kathy Hoskins worked for UPS from 1988
through 2003, compiling a good employment record over those
years. But in the run-up to being fired in February of 2003,
Hoskins was allegedly the victim of harassment and
discrimination. Although she was technically dismissed for
taking personal time during the work day, lawyers charge her
termination was due to her gender presentation and to general
prejudice against her.

According to court papers, when Hoskins first joined the
company, she was one of two female African American drivers out
of a driving staff of 200 in South San Francisco.

Hoskins' supervisors reportedly told her to look more feminine,
harassing her constantly about her appearance and her uniform.
She was accused of making long-distance calls and mailing
packages without paying, charges that her lawyers call totally
unfounded. As for the extra personal time, Hoskins, like many
drivers, routinely finished her delivery early, creating brief
periods of downtime that she and others merged into a lunch
hour. On the day she was fired, she had a back injury and
stopped at her mother's house on her route to call her doctor.
In her 15 years of service to UPS, her record was considered
excellent.

According to the jury questionnaire, the panel agreed this week
that Hoskins was subjected to "unwanted harassing conduct" that
was severe enough to create a hostile work environment. The jury
also agreed that UPS did not take corrective action, although
they did not believe the company's behavior was "outrageous."
The jury awarded Hoskins $13,670 in economic damages and $50,000
in emotional distress. Hoskins was also granted attorneys' fees
and costs.

Hoskins' lawyer, Waukeen McCoy, says the case is not over. McCoy
plans to appeal an earlier ruling by a separate court, which
blocked Hoskins from pursuing a claim of sex discrimination
against UPS under the California Fair Employment and Housing Act
(FEHA).

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