A Black UPS driver won a landmark $237.6 million jury verdict after alleging he was subjected to racial discrimination and a hostile work environment before being wrongfully terminated.
The verdict, handed down Thursday by a jury in the U.S. District Court for the Eastern District of Washington in Yakima, is believed to be one of the largest ever in the state and potentially the largest of its kind, according to Dustin Collier, one of the attorneys representing the plaintiff, Tahvio Gratton.
Gratton was awarded $39.6 million for emotional distress and an additional $198 million in punitive damages. While the official verdict sheet is not yet publicly available, Collier provided a transcript confirming the amounts.
“We are grateful to the jury for recognizing the truth, standing up for our client’s rights, and delivering a strong message to UPS that racial discrimination, harassment, and retaliation will not be tolerated,” said Collier in a statement.
UPS has already announced its intention to appeal the decision. In a statement to Bloomberg Law, the company expressed disappointment with the jury’s verdict, but emphasized respect for the legal process. UPS also maintained that the former driver was terminated for what they described as "an unprovoked assault" on a female co-worker.
The trial began on September 9. Gratton initially filed the lawsuit in October 2022, later amending his complaint in April 2023. Earlier this year, U.S. District Judge Thomas O. Rice denied UPS’ motion for summary judgment, allowing the case to proceed to trial.
Gratton’s lawsuit alleged a pattern of discrimination, including being frequently laid off in favor of white drivers with less seniority, being repeatedly referred to as “boy” by a supervisor, and being assigned less desirable routes and vehicles. He also filed grievances in 2018, 2020, and 2021, alleging racial discrimination and other forms of workplace mistreatment.
In 2021, Gratton was fired following a sexual harassment investigation over claims that he had touched a female co-worker’s back. However, Judge Rice ruled that a reasonable jury could determine Gratton was fired in retaliation for speaking out against discrimination, and that UPS’ stated reason for the termination was pretextual.
UPS spokesperson Glenn Zaccara said in an email, “We are disappointed with the jury’s decision but respect the process and the deliberations of the jury. We intend to appeal the verdict based on a number of evidentiary and legal errors.” Zaccara added that UPS has strict policies against retaliation and maintains that Gratton was fired for his actions during the alleged incident with a co-worker.
Gratton was represented by Collier Socks LLP of Corte Madera, California. UPS was represented by Ogletree Deakins Nash Smoak & Stewart PC in Portland and Lewis Brisbois in Seattle.