University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FEDERAL EXPRESS CORPORATION EE-FL-0048
Docket / Court 6:02-cv-01112-JA-DAB ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 27, 2002, the Miami office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Federal Express Corporation in the U.S. District Court for the Middle District of Florida. The EEOC alleged that the defendant had violated the complainant's rights by ... read more >
On September 27, 2002, the Miami office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Federal Express Corporation in the U.S. District Court for the Middle District of Florida. The EEOC alleged that the defendant had violated the complainant's rights by constructively discharging him in retaliation for complaints of racial discrimination that he made on behalf of two interviewees. On October 10, 2002, the complainant intervened in the case as a plaintiff, alleging that he was entitled to punitive damages under the Florida Whistleblower Act.

On April 13, 2004, Federal Express asked the court for summary judgment, but the district court denied that motion on October 13, 2004. After several failed attempts to settle through mediation, the case went to trial on December 13, 2004. After four days at trial, the jury issued a verdict in favor of the plaintiffs, awarding the complainant $201,010.30 in lost wages and $1.37 million in compensatory damages for emotional pain and mental anguish. The defendants asked the court to reverse the verdict by issuing judgment as a matter of law in their favor, or, in the alternative, to grant them a new trial. The court denied these motions, but it did grant their further motion to reduce the compensatory damage award to $350,000. The plaintiff was given his choice of either accepting this reduced amount or going to a new trial on the compensatory damage award.

A second jury trial was held on the issue of punitive damages on December 22, 2004. On the same day, the jury found that the plaintiff was not entitled to punitive damages. The complainant reached a later settlement with the defendant regarding his fees and costs.

Meanwhile, the district court issued another order on May 5, 2005, denying the plaintiff's request for front pay, but issuing an injunction against the defendants that required them to redistribute their anti-discrimination policy to all management officials with supervisory authority over employees at its Maitland, Florida location. After this decision was issued, the plaintiff decided to accept the reduced compensatory damages award.

The defendants appealed all of these judgments to the U.S. Court of Appeals for the Eleventh Circuit, asking the Eleventh Circuit to grant them judgment as a matter of law. The plaintiff cross-appealed, asked the Eleventh Circuit to award him front pay. On May 11, 2006, the Eleventh Circuit found that the district court's decisions had no reversible error, and they held that the lower court's rulings would stand. E.E.O.C. v. Federal Express Corp., 180 Fed.Appx. 865 (11th Cir. 2006).

Justin Kanter - 03/18/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
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 Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
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)
05-13448-EE (U.S. Court of Appeals) 11/01/2006
EE-FL-0048-9001.pdf | Detail
6:02-cv-01112-JA-DAB (M.D. Fla.) 12/21/2006
EE-FL-0048-9000.pdf | Detail
General Documents
Complaint 09/27/2002
EE-FL-0048-0001.pdf | Detail
Intervenor Ted Maines' Verified Complaint 10/30/2002
EE-FL-0048-0002.pdf | Detail
Order [Regarding Defendant's Motion for Protective Order] 04/15/2004 (M.D. Fla.)
EE-FL-0048-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Plaintiffs' Motion for Leave to Seek Punitive Damages Under the Florida Whistleblower Act] 05/12/2004 (M.D. Fla.)
EE-FL-0048-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation [Regarding Defendant's Motion for Summary Judgment] 07/30/2004
EE-FL-0048-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Defendant's Motion for Summary Judgment] 10/13/2004 (M.D. Fla.)
EE-FL-0048-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Jury Verdict [Lost Wages & Benefits and Emotion Pain & Mental Anguish] 12/16/2004
EE-FL-0048-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Jury Verdict [Punitive Damages] 12/22/2004
EE-FL-0048-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Press Release 12/22/2004
EE-FL-0048-0009.pdf | Detail
Order [Reducing Jury's Emotional Damages Award) 02/10/2005 (M.D. Fla.)
EE-FL-0048-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Plaintiffs' Motion for Injunctive Relief Re: Fed-Ex's Policies] 05/05/2005 (M.D. Fla.)
EE-FL-0048-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Re: P-I's Bill of Costs] 08/05/2005 (M.D. Fla.)
EE-FL-0048-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Court of Appeals] 05/11/2006 (180 Fed.Appx. 865)
EE-FL-0048-0013.pdf | WESTLAW| LEXIS | 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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