Texas mail carrier wins $250,000 in discrimination lawsuit

United-States-District-Courtlogo4/24/17 Kimberly L. Cox filed a lawsuit Aug. 4, 2014 in the Eastern District of Texas against Patrick R. Donahoe, as Postmaster General, and the United States Postal Service, citing civil rights violations.

According to the complaint, Cox, who is white, was a letter carrier for the Kilgore, Texas Post Office since 1997. In July and August 2012, she told the Postmaster, Joe McQuiston, that a black supervisor, Cynthia Freeman, was discriminating against the white female employees based upon race and gender to such a degree that Supervisor Freeman had created a hostile work environment. McQuiston took “no prompt and remedial action” nor did he properly report Cox’s complaint of a hostile work environment.

Then on August 21,2012, while out on her route delivering mail Cox tripped over a curb which resulted in some work restrictions. Cox was off on sick leave for three (3) days and then she was told to report to work where she was made to sit in a room for eight hours a day (standard USPS procedure for injured employees) .

Cox attended an estate sale.August 30, 2012, ten days after her injury. On that day, Postmaster McQuiston “came to the estate sale to surreptitiously watch Cox. Postmaster McQuiston has given conflicting statements concerning what be saw, if anything. Postmaster McQuiston then called the Office of the Inspector General (OIG) to investigate if Cox has exceeded her medical restrictions on August 30,2012. Cox was never charged with anything from the OlG office.

On August 31, 2012, Cox was placed on Emergency Suspension by Postmaster McQuiston. On October 3, 2012, Cox was issued a Notice of Removal which became effective on November 15. 2012.

Cox returned to work when her termination was overturned in the grievance process. It was determined USPS did not have any evidence that she had violated any of her medical restrictions.

Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. Cox filed another EEO complaint of discrimination which is still pending. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit.

Cox sought back pay and benefits for the time she was out of work, as well as other damages.

Update

MARSHALL — A federal jury in Marshall has ruled in favor of a Kilgore mail carrier in her discrimination lawsuit, determining she was fired in November 2012 for reporting a black supervisor was mistreating white employees.

The mail carrier, Kimberly Cox, was awarded $250,000 in damages for mental and emotional distress.

Cox, a 20-year veteran of the U.S. Postal Service, filed the suit, claiming she was fired out of retaliation for reporting the black female supervisor was mistreating her white female counterparts, which created a hostile work environment.

“There was yelling and abuse to the white female employees,” Fisher said.

She said Cox repeatedly reported the allegations in August 2012 to then-Postmaster Joe McQuiston, who said he doesn’t remember Cox’s report. read more

20 thoughts on “Texas mail carrier wins $250,000 in discrimination lawsuit

  1. the US Postal Circus should cease and desist with their liberal, left wing, cultural marxism diversity crap…..and get back to the business of delivering the people mail. instead of skin color………how about an IQ test for mismanagement jobs!

  2. I would like to talk to Attorney Rebecca Fisher, what number could she be reached or email address to contact her.

  3. At my previous place, certain black MDOs acts like enforcers. They would ride the electric cart around the plan, catching employees of different race using cell phones, made snide remarks about employees not moving fast enough etc…All this,while being clueless how the mail was moved from point A to point B.

  4. Lucky you were not at a cook-out. The supervisor would have taken her whole family to the feed.
    The easiest way to nail someone is a employee on workman’s comp. Way too much technical writing that can bury a employee with restrictions written in concrete. Then u have someone enhancing that target by minimizing technical writing guidlines.
    I believe the sum of the lawsuit is based on the employee numbers for that office. Like to see some high number punitive damages. You know, those permanent scars u just can’t see.

  5. God help us now that Donald Dump is President! Another loser is going to try to make America a right to work for free nation.

  6. bout time the pendulum swung back to include ALL employees not just the usual crybabies. blacks are just as guilty of discriminating as whites, and in the PO its they’re worse.

  7. Joe McQuisten seems to have a very bad memory.The supervisors should have to pay the money and you would not see half the problems you have in the post office.I retired 8 years ago at the age of 52 (30 years) I am so happy that I did.I got out before I got fired! These supervisors are real cowards and great Liars.

  8. I am an African American carrier and you go girl, discrimination goes both ways, put those supervisors in their place, us letter carriers work our ass’s off and we don’t need to be harassed by black, white, Asian or Latino supervisors, you go girl, send a message across the country.

    • Does anyone know the name of the Attorney(s) who represented Kimberly Cox in this discrimination case? If so, would appreciate it if that information would be forwarded to me.

  9. I’m so happy for this Letter Carrier and I wish I had someone to help me with my cases. I’d worked for the Post Office 30 years and when I moved to Georgia, things went left, I’m Black and every Attorney I got didn’t take my case serious as they lagged so badly until I just gave up on Attorneys here and asked my husband to represent me. I had two cases pending before I retired and we’d filed all paper work in a timely manner. I’ve been retired three years and I was wondering why it was taking so long for the EEO to contact us about the cases so I asked my husband to send them a letter which was last week and we got an immediate reply stating that the Judge had thrown the case out way back in 2015. This same thing happen to me before. Now I’m pissed because if I didn’t have a case, why would they offer me money to drop it, I like the young lady had the supervisors/Management breathing down my neck every since I transferred to the area, I’d had someone go into the system and change my mailing address, I was praying that the right person look into my case and treat it as such. I know there are some decent people in the world but unfortunately, it seems, my case fell on deaf ears and I’m still paying the price for their behavior. I want just go away and I’m sure there’s someone out there that could at least take my case serious. I was treated worst than the Manager who was caught stealing and his right hand Supervisor whom I’d complained so much about, she got caught stealing as well, but the catcher is they both a chance to retire with their petitions, I was forced into retirement to keep them from harassing me any further. I’d filed at least nineteen EEOs and stood by them hold heartily. I really understand what goes on when the very people whom are suppose to be there to help you stab you in the back, but again, I will continue to try to find someone interested in know exactly what those people put me thru, I’m Black and I have all of the history behind their bullshit, I kept everything. They even tried to get the very same guy who represented me against them to be a witness for them, classic, as he was my then Shop Steward. I wish someone could read all of these Cases I have in my presents, cases against them. I can’t make this shit up

    • your story sounds like a Michigan one. Our justice system up here is
      more like something out of a crackerjacks box . Where is the justice
      department when you need them. They weren’t in Flint, Pontiac, or
      any where else up here.

    • I wouldn’t put any faith into the side u are asking to rectify your alleged abuse.
      Lawyers can be swayed and bought off. Sounds like someone has a good nack in your particular area to derail any aggression that could lead to a major court incident.
      Your fustration is your adversaries win. Rethink your approach as business, you can bet they are. When u target two on the other side of the postal representation u actually target the whole. Your an individual going up against a team.
      Good luck. Hopefully the cases are not too botched. Act quick to appeal or apply other actions that can’t be stonewaled

  10. Thank God Obama’s out of office…Another loser supervisor thinks they are important how sad

  11. Bravo Miss Cox .I would like to know what if any discipline was given to Miss Freeman was she removed from her position?

  12. Ms. Kimberly Cox was represented at trial by Rebecca L. Fisher, Attorney at Law from San Antonio, Texas. The purview was Title VII retaliation. The jury of eight persons deliberated for three hours before delivering their unanimous verdict in the case. The presiding U. S. District Judge was the Hon. Rodney Gilstrap of Eastern District of Texas, Marshall Division, with U. S. Magistrate Judge Hon. Roy Payne, conducting the pretrial motion hearings. The Postmaster of Kilgore, Texas Post Office, Mr. Joe McQuisten, simply was not credible in his explanation of his actions towards Ms. Cox such that the jury evidently did not believe him.

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