CHARLESTON – A United Parcel Service employee says she has been a repeat victim of discrimination by the company and was unfairly bypassed for a promotion when the job was given to a man once known as the “Runaway Beer Truck.”
RaeLynn Phillips filed her complaint April 27 in Kanawha Circuit Court against UPS and William Slimick Jr.
According to her complaint, Phillips began working for UPS in 2006. She currently is a part-time Package Dispatch Supervisor. She says she has performed her job duties in a satisfactory manner, and she has repeatedly worked to be considered for positions that provide higher pay and/or a promotion, including one that was given to former West Virginia University and NFL fullback Owen Schmitt.
Einreinhofer
| West Virginia Supreme Court of Appeals photo
“When he (Schmitt) was playing in the NFL a decade ago, my client already had been working at UPS for years and was working on her bachelor’s degree,” said John Einreinhofer, one of Phillips’ attorneys. “Within the last two years, he still was running Schmitt’s Saloon in Morgantown. Then, he comes in and gets this supervisor job over my client.”
Phillips first applied for a management position in 2007, and she passed the required management qualification tests. A supervisor told her she met the qualifications for a full-time management position, but she also was told she needed to obtain a bachelor’s degree to receive a promotion.
Phillips says she earned the degree in 2017 and has continually sought a full-time position and full-time supervisor position since then. She says lesser qualified males were given promotions instead of her.
In addition, she says she was discriminated against because of her pregnancy in 2014. She says her supervisor then tried to get her fired, specifically indicating “he wanted to get rid of her.”
Last year, Phillips filled out an application for an On Road Supervisor position even though it wasn’t advertised in the internal system. She says she didn’t hear from anyone at UPS about the position or have an interview scheduled.
“Plaintiff learned that defendants hired a lesser-experienced and lesser-qualified male, Owen Schmitt, for the position,” the complaint states. “During the time plaintiff was at UPS seeking promotions, Owen Schmitt was running a failing bar/restaurant, Schmitt’s Saloon, in Morgantown. …
“Mr. Schmitt’s jobs at the restaurant and bar included ‘running the business’ and ‘cooking, cleaning and bartending,’” according to a story in The (Morgantown) Dominion Post. “There was no indication Mr. Schmitt had any experience with UPS or its typical job duties during the time he worked at the saloon/restaurant.”
Schmitt, whose bar closed in June 2018, “did not possess credentials or experience equal to or superior to that of the plaintiff,” according to the complaint. Schmitt is not listed as a defendant in the lawsuit.
Phillips says she was told by Human Resources she did not have the driving qualification for the job. The complaint says the defendants have a pattern of willfully violating West Virginia Human Resource Act laws regarding gender discrimination.
“However, UPS routinely sends people to driving school, even after they are hired for positions, and the required driving court is only one week long,” the complaint states.
According to the complaint, Slimick’s title is Talent Acquisition/Human Resources Manager. He is based in the UPS offices located in South Charleston.
Phillips says she has suffered lost wages and benefits, out-of-pocket losses, emotional and mental distress, humiliation, anxiety, embarrassment, depression, aggravation, annoyance and inconvenience.
She seeks compensatory damages as well as punitive damages because the actions of the defendants were willful, wanton and malicious and were carried out with reckless disregard for Phillips’ legal rights.
She also seeks a permanent injunction ordering the defendants to establish an ongoing sex discrimination training program.
Phillips is represented by Einreinhofer of the Law Offices of John Einreinhofer in Charleston as well as Kristina Thomas Whiteaker of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
During his three years at WVU, Schmitt developed a reputation as an aggressive blocker and rusher. He rushed for 1,003 yards and 13 touchdowns from 2005 to 2007. He also had 32 receptions for 288 yards and two TDs.
He was selected in the fifth round of the 2008 NFL Draft by the Seattle Seahawks. In 2010, he was signed by the Philadelphia Eagles. And in 2012, he signed with the Oakland Raiders. During his five-year pro career, Schmitt rushed 11 times for 28 yards. He also had 34 receptions for 218 yards and two touchdowns.
Kanawha Circuit Court case number 20-C-334