University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FEDERAL EXPRESS CORPORATION EE-PA-0070
Docket / Court 02-CV-984 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Philadelphia office of the EEOC brought this suit against FedEx Express Corporation (a subsidiary of FedEx Corporation), a major national shipping company, in February 2002 in the U.S. District Court for the Eastern District of Pennsylvania, for violations of Title VII of the Civil Rights Act ... read more >
The Philadelphia office of the EEOC brought this suit against FedEx Express Corporation (a subsidiary of FedEx Corporation), a major national shipping company, in February 2002 in the U.S. District Court for the Eastern District of Pennsylvania, for violations of Title VII of the Civil Rights Act of 1964. The complaint alleged that the female complainant had been sexually harassed by male co-workers and subjected to a hostile work environment, that no action was taken to remedy the situation when she complained, and that other employees sabotaged her vehicle and otherwise endangered her in retaliation for the complaints. The complaint also alleged that she was taken off of her delivery route in favor of a male employee who boasted of getting her removed from that position, that she was transferred to an office job due to the psychological and emotional harm caused by the harassment, and that she was eventually constructively discharged. The plaintiff intervened in the case April 2002, adding causes of action under Pennsylvania law, and the case was transferred to the U.S. District Court for the Middle District of Pennsylvania.

After a contentious discovery process and two motions for summary judgment by the defendant, which were denied, a trial was held in February 2004 and the jury verdict awarded monetary damages to the complainant. Disputes about this outcome continued and in January 2005, the judge denied a motion by the defendant for judgment as a matter of law, but accepted several amendments to the judgment by the complainant. In February 2005, the defendant filed an appeal with the U.S. Court of Appeals for the Third Circuit, and the defendant subsequently filed a cross appeal. The parties settled by entry of a consent decree regarding equitable relief in April 2005, and subsequently dismissed the appeals. FedEx was required to pay a total of $3,748,359.28 in damages and attorneys' fees. The consent decree, which lasts for eighteen months, requires training on sex discrimination, sexual harassment, and retaliation, as well as specific training on investigation for employees investigating complaints. It requires the posting and distribution of a notice on discrimination law, and regular reporting to the EEOC on any complaints made. FedEx is to designate one Human Resources Manager to oversee complaint investigation at its Allentown and Middletown facilities, and in the event of a dispute over compliance, the parties will attempt to resolve it within thirty days after which the issue will be taken back to the judge for resolution.

Kevin Wilemon - 06/05/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Fed Ex Express Corporation
Fed Ex Express Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2004 - 2005
Case Closing Year 2004
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:02-cv-00984-SD (E.D. Pa.) 07/18/2002
EE-PA-0070-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
05-1418 (U.S. Court of Appeals) 03/03/2006
EE-PA-0070-9002 PDF | Detail
PACER [Public Access to Court Electronic Records]
05-1565 (U.S. Court of Appeals) 03/03/2006
EE-PA-0070-9003 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:02-cv-01194-YK (M.D. Pa.) 04/28/2006
EE-PA-0070-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/26/2002
EE-PA-0070-0001 PDF | Detail
Complaint of Intervenor 03/07/2002
EE-PA-0070-0002 PDF | Detail
Memorandum and Order 09/09/2003 (M.D. Pa.)
EE-PA-0070-0003 PDF | Detail
Order 02/02/2004 (M.D. Pa.)
EE-PA-0070-0004 PDF | Detail
Jury Verdict 02/24/2004
EE-PA-0070-0005 PDF | Detail
EEOC Press Release 02/25/2004
EE-PA-0070-0011 PDF | Detail
Judgment 02/26/2004
EE-PA-0070-0006 PDF | Detail
Order 03/04/2004 (M.D. Pa.)
EE-PA-0070-0007 PDF | Detail
Amended Memorandum and Order 01/18/2005 (537 F.Supp.2d 700) (M.D. Pa.)
EE-PA-0070-0008 PDF | WESTLAW| LEXIS | Detail
Amended Judgment 01/18/2005
EE-PA-0070-0009 PDF | Detail
Consent Decree 04/25/2005
EE-PA-0070-0010 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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