CHARLESTON – A special commissioner has ruled UPS unnecessarily delayed the process to resolve discovery issues in a discrimination case.
Kanawha Circuit Judge Duke Bloom filed an order May 6 ratifying the findings of Special Commissioner Nick Casey, who had been appointed to help the parties settle some discovery disputes in a discrimination case filed by RaeLynn Phillips against United Parcel Service and William Slimick Jr.
Bloom adopted Casey’s April 26 recommended decision after no objections were filed. Bloom had appointed Casey to oversee the matter after the defendants filed a protective order seeking to have several planned depositions stopped, including one of former West Virginia University and NFL fullback Owen Schmitt.
Casey
Phillips, who filed her complaint in April 2020, claims she repeatedly was discriminated against based on gender, disability and pregnancy. She also says she was unfairly bypassed for a promotion when the job was given to Schmitt, who was nicknamed the Runaway Beer Truck” during his WVU playing days.
“Plaintiff desires to take several depositions seeking extensive information based on allegations that are untimely (outside of the West Virginia Human Rights Act’s two-year statute of limitations); and information that is irrelevant to the claims and defenses in this case and not reasonably calculated to lead to the discovery of admissible evidence,” the defendants’ motion states. “Such discovery is by definition unduly burdensome and expensive. …
“There is ‘good cause’ to ‘protect (defendants and UPS employees) from annoyance, embarrassment, oppression or undue burden or expense,’ and thus defendants respectfully request the court to limit the scope of the requested depositions.”
In Casey’s decision, it is agreed that depositions would proceed.
“The special commissioner has determined that defendant unnecessarily delayed the meet and confer process to resolve discovery disputes despite efforts by plaintiffs to meet and confer and otherwise advance a timely discovery process,” Casey wrote in his decision. “Plaintiff, until the change in defendant’s lead counsel, expended time and effort to reasonably proceed that was expended only because of inattention and delay, or both, by defendant.
“Plaintiff is entitled to reasonable attorney fees and costs during the delay from November 20, 2020, to February 9, 2021.”
Casey also says UPS will pay his fees and costs of more than $4,500 as well as the cost for a court reporter for the matter.
He notes that the parties have conferred in good faith since Andrea W. Paris was named lead counsel for the defendants.
According to her original complaint, Phillips began working for UPS in 2006. At the time of her filing in April 2020, she was 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 Schmitt.
“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,” John Einreinhofer, one of Phillips’ attorneys, told The West Virginia Record when the complaint originally was filed. “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.”
In 2019, 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 defendants are being represented by Grace Hurney and Mark Dellinger of Jackson Kelly in Charleston as well as Paris and J. Day Peake of Phelps Dunbar.
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