The Byron White U.S. Courthouse in downtown Denver, which houses the 10th U.S. Circuit Court of Appeals. colorado politics file
August 2, 2024
The federal appeals court based in Denver agreed last month that a Black U.S. Postal Service employee in Colorado Springs failed to credibly allege the offensive conduct of a supervisor rose to the level of racial discrimination or a hostile work environment.Paul P. Nelson, who worked for the Postal Service for 23 years, filed suit against Postmaster General Louis DeJoy for an encounter that took place at the North End Station on N. Prospect Street in August 2016. Allegedly, a White supervisor, Richard Hendrix, visited the site to conduct a meeting with Nelson and the other letter carriers. At that point:
• Hendrix allegedly began swearing and yelling at Nelson
• Hendrix dialed 911, identifying himself as the station manager who was “new here,” and falsely claimed Nelson was a disruptive, threatening employee who needed “an escort out of this building”
• Hendrix described Nelson as a Black male who might be “high” or “on drugs”
• Hendrix told the dispatcher he did not believe the station was safe
• Police officers arrived and questioned Nelson, but he was neither arrested nor charged
Nelson, an Army veteran with post-traumatic stress disorder, said he suffered ongoing emotional distress from the encounter.
In June 2023, U.S. District Court Senior Judge R. Brooke Jackson dismissed the lawsuit, noting Nelson had not alleged how his employment was adversely affected.
“This is not to suggest that the Court approves of Mr. Hendrix’s conduct; assuming the truth of the allegations, the conduct was inappropriate and offensive,” wrote Jackson. But Nelson “does not provide any detail about how his duties or working conditions actually changed.”
As for the hostile work environment based on Nelson’s race, Jackson found that aside from Hendrix’s one reference to Nelson as a Black man, “Mr. Hendrix’s alleged actions — while dramatic and obnoxious — were facially race-neutral.”
Nelson appealed to the U.S. Court of Appeals for the 10th Circuit, arguing Jackson “overlooked numerous allegations” supporting his claims, including that Hendrix singled out Nelson as the only Black employee at the station meeting and the experience carried “a significant risk of humiliation” for Nelson.
A three-judge panel for the 10th Circuit agreed Nelson’s allegations, if true, still fell short due to the lack of any negative personnel consequences or pervasive treatment that altered his employment.
“Though offensive, Mr. Hendrix’s conduct was not severe enough under our precedent,” wrote Judge Scott M. Mathson Jr. in a July 23 order.
Nelson said he was disappointed the court did not fully appreciate the mental toll Hendrix’s behavior had taken on him.
“I still go to the doctor’s every month for the past eight years due to this case. None of that was mentioned,” he said. “I’m very disappointed that I did not have my day in court.”
Nelson also shared the 911 call with Colorado Politics, which tracked the description in his complaint.
The Postal Service declined to comment.
Case: Nelson v. DeJoy
Source: ColoradoPolitics