UPS Worker Fails With Race Bias, Retaliation Claims in 10th Cir.

A UPS manager in Salt Lake City can’t pursue his race discrimination, racial harassment, and retaliation claims against the package delivery giant, a federal appeals court affirmed Oct. 4.

Charles Payan’s job retaliation allegations failed because his placement on a performance improvement plan wasn’t penalizing enough to support such a claim, the U.S. Court of Appeals for the Tenth Circuit found. Saying it was joining five other circuits, the court held that a worker’s placement on a PIP alone doesn’t amount to the type of adverse employment action needed to state a retaliation claim under a pair of federal anti-discrimination ...