University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FEDERAL EXPRESS CORPORATION aka FEDEX EE-TN-0042
Docket / Court 98-2235GA ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On March 9, 1998, the Washington D.C. and Memphis offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII and the Americans with Disabilities Act against Federal Express Corporation in the U.S. District Court for the Western District of Tennessee. The EEOC alleged ... read more >
On March 9, 1998, the Washington D.C. and Memphis offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII and the Americans with Disabilities Act against Federal Express Corporation in the U.S. District Court for the Western District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discriminating against him on the basis of his deafness.

On July 9, 1998, the complainant intervened in the lawsuit, but on January 12, 1999, he agreed to a stipulated dismissal of his private claims against the defendants. On April 8, 1999, the parties reached a consent decree. Under the terms of the decree, the defendants were prohibited from discriminating or retaliating against any individual who complained of discrimination. The defendants agreed to revise their recruitment and application practices to accommodate applicants who were hearing impaired. The defendant also agreed to post notice of employment discrimination laws in a conspicuous place for their employees. Within 30 days of the execution of the consent decree, the defendant agreed to write a letter to the Regional Attorney in this litigation detailing all measures that they took to comply with the decree.

Justin Kanter - 02/22/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Accommodation / Leave
Hiring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Federal 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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1999 - 2002
Case Closing Year 1999
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)
2:98-cv-02235-jsg (W.D. Tenn.) 04/08/1999
EE-TN-0042-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulated Order of Dismissal as to Intervening Plaintiff, Robert H. Cook, Jr. 01/12/1999 (W.D. Tenn.)
EE-TN-0042-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Plaintiff's Motion to Compel 01/27/1999 (W.D. Tenn.)
EE-TN-0042-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Clarifying Order on Motion to Compel 03/11/1999 (W.D. Tenn.)
EE-TN-0042-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/08/1999
EE-TN-0042-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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