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 ...
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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