A federal judge has reduced a $237.6 million jury award to $39.6 million against United Parcel Service in a lawsuit by a black former driver who accused the parcel delivery company of workplace bias and wrongful termination.
In a decision released Friday, U.S. District Judge Thomas Rice in Yakima, Wash., granted UPS's request to throw out a $198 million punitive damages award and ruled that jurors would not be able to find Tauffio Gratton. The court found that awarding him compensation was an unfair act.
The decision does not affect the jury's $39.6 million award to Mr. Gratton for emotional distress, but UPS plans to ask that that verdict be thrown out as well.
Rice found no evidence that a UPS supervisor intended to lead an investigation into whether Gratton inappropriately touched a female worker at the loading dock, resulting in Gratton being suspended for five years. After that, he was fired in October 2021.
He also said Gratton was able to tell his side of the story with support from the union.
Gratton said UPS used the loading dock incident as an excuse to fire him over workplace complaints, and that Gratton immediately apologized.
Gratton claims in his lawsuit that supervisors at a UPS facility in Yakima frequently turned him over for more favorable route assignments to younger, less senior drivers, giving him less desirable trucks and routes than white drivers received. He said he gave it to him.
Gratton also said his young white boss repeatedly called him “boy” and defended his use of the word by saying, “I'm from the South.” That's the way I speak. ”
UPS announced Monday that it plans to file a new trial to overturn the remainder of the Sept. 12 ruling.
Gratton's attorney did not respond to a request for comment.
The case is Gratton v. United Parcel Service, Inc., United States District Court for the Eastern District of Washington, No. 22-03149.
