The plaintiff alleged he was fired just two months shy of his retirement plan vesting, but a female co-worker reported an “unsettling experience” during a training session with him.

• UPS did not illegally terminate a supervisor whom it found to have sexually harassed a female co-worker despite the plaintiff’s claims that his firing constituted age and sex discrimination, a North Carolina federal judge held Wednesday.
• The plaintiff in the case, Johnson v. UPS, Inc., alleged UPS fired him within two months of his retirement plan vesting and replaced him with a younger female worker in violation of the Age Discrimination in Employment Act, the Employee Retirement Income Security Act and North Carolina state laws. But UPS claimed that the co-worker, whom the plaintiff accompanied during a training session, reported “an unsettling experience” to the company.
• UPS said an investigation concluded that the plaintiff violated policy by making inappropriate comments and taking the co-worker to his house during the training. The judge granted summary judgment to UPS, finding that the plaintiff had not rebutted UPS’ evidence of a legitimate non-discriminatory reason for the termination.

The plaintiff ultimately was unable to overcome UPS’ investigatory findings, which concluded that he made lewd comments — such as telling the co-worker that “short shorts and UPS thong” uniforms were available for her and asking if she had ever answered her door naked — and caused further discomfort in...

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