Sexual Discrimination or Not? an Examination of Crone vs United Parcel Service, Inc
In the sexual discrimination case decided by the U.S. Court of Appeals for the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS), the appellate court affirmed the judgment of the district court in favor of UPS. The purpose of this article is to discuss the outcome of the case and whether the holdings of this case could lead to unlawful excuses for discrimination in other settings. In addition, this article will include recommendations for incorporating the principles of this case into a company's policies and training.
Crone v. United Parcel Service, Inc. (UPS)
Sarah Crone alleged that UPS refused to grant her promotion to a dispatcher supervisor position due to sexual discrimination. Department Manager Ray Whitaker conceded that Ms. Crone was a good employee. However, he did not recommend her for the supervisory position, because he believed she lacked the confrontational skills, leadership qualities, initiative, and people skills that were a requirement for this position. UPS contends that Ms. Crone was denied the promotion based upon these facts, not based upon her gender (Sarah Crone v. United Parcel Service, Inc., 2002).
Analysis of Case
It appears that the main reason people think Ms. Crone may have been the victim of illegal discrimination is a certain statement made by Mr. Whitaker. Mr. Whitaker told Ms. Crone that "he was scared that I might cry if I got into a confrontation or situation with a driver" (Sarah Crone v. United Parcel Service, Inc., 2002). Although this is certainly a poor choice of words, it seems that Mr. Whitaker is purely stating, albeit poorly, that he believes Ms. Crone cannot handle confrontational issues. Ms. Crone did admit "that she has demonstrated some difficulty dealing with confrontational situations in the past and on at least one occasion was close to tears when a truck driver was confrontational with her as a dispatcher" (Sarah Crone v. United Parcel Service, Inc., 2002). Therefore, although Mr. Whitaker should have stated his concerns regarding Ms. Crone's skills in a better manner, prior situations prove that his statement was not unfounded.
The fact that Ms. Crone does not have the required skills for the position in question in no way indicates that she was discriminated against due to gender. There are surely countless men employed by UPS who also do not have the necessary skills for this position, and they were not promoted either. If the position required the ability to lift 150 pounds, and Ms. Crone could not lift 150 pounds, this would also be a valid reason to deny the promotion. It is the opinion of this author that this is not a case of unlawful excuses for discrimination.
Recommendations for Policies and Training
Other companies should incorporate principles of this case into their policies and training. Every position within a company should have a written job description that includes a list of skills required for that job. Hiring and promotions should be based upon the ability of the candidates to meet those job requirements. Having written job descriptions will protect a company in the event the organization is sued for discrimination, because this will help the company establish that hiring and promotions are based upon required skills and not other unlawful reasons such as gender or race.
Companies should also provide management training that uses this case and other similar cases as examples. Managers should be taught that the words they choose can be interpreted in ways they did not intend. Training in proper communication can help prevent management from making statements that can be misconstrued in the manner that Mr. Whitaker's statement was.
References
"Sarah Crone v. United Parcel Service, Inc." FindLaw website. URL: http://caselaw.lp.findlaw.com/data2/circs/8th/013595p.pdf
Published by Melissa Bushman
Melissa Bushman is a freelance writer living in Clark, Wyoming with her husband, two dogs, and three cats. She graduated Magna Cum Laude with a BS in accounting. View profile
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9 Comments
Post a CommentI don't think this case should have went to court. To me it wasn't a sexual discrimination case. Ms Crone was just not qualified for the position. A supervisor has to be firm and able to confront the people that is under her without all that emotional stuff. When they see her becoming all emotional she losses her authority as supervisor because what she say, they will not listen, also she would lose respect from her co workers.
Don't most large companies have yearly evaluations that state what is expected and the employee surpassed or is in need of improvement in certain areas?
Doesn't sound like discrimination to me, either. Yet, many times it is hard to tell. Great article.
Doesn't sound like sexual discrimination to me. Good article.
Great article. Hard to tell in a lot of case, but this doesn't sound like discrimination to me.
Good case study. Actually enjoyed the read. It doesn't sound like a case of sexual discrimination. It is an example of a poor management moment, but that's all.
Good Stuff Melissa. Definitely good for my site.
I couldn't lift 150 pounds, or even 100 pounds now because of my back. I'm not sure why a dispatcher would need that ability, male or female.
I honestly don't see how the manager's words were misconstrued as sexual discrimination... he didn't say, "You're a chick so you might cry." He perhaps could have been more delicate with his words, but it sounds as though his statement was right on the money.