The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More specifically, the complaint alleged the defendant allowed the complainant to be sexually harassed, subjected her to discipline and other conditions of employment based on her sex and failed to promote her because of her sex. The complaint also alleged the defendant retaliated against the complainant for complaints made on her behalf. The complainant was allowed to enter the suit as an intervenor plaintiff and her complaint added additional state anti-discrimination law and other state law claims. After several discovery disputes, the parties entered a consent decree in December 2005.

The Consent Decree included non-discrimination and non-retaliation clauses, required the defendant to develop an anti-discrimination policy and post and distribute that policy. The defendant also agreed to provide all of its New Mexico employees with at least three training session of at least three hours in duration covering EEO laws. The decree required the defendant to submit reports on discrimination complaints every six months. The decree had a duration of three years. In the event of non-compliance, the decree called for court enforcement and an indefinite extension of the decree. The defendant also agreed to provide neutral job references to potential employers of the complainant and agreed to pay the complainant $400,000 for damages and attorneys' fees.

Kevin Wilemon - 08/14/2008


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