The New York district office of the EEOC brought this suit against Federal Express, Inc. in June 2001 in the U.S. District Court for the Eastern District of New York. The complaint apparently alleged religious discrimination in violation of the Civil Rights Act of 1964. The Attorney General's Office, State of New York intervened in July 2001 and filed a complaint. Federal Express, Inc. filed a motion for summary judgment which the court granted with respect to the EEOC, but not with respect to the Attorney General's Office. The EEOC moved for reconsideration, but was denied. EEOC v. Federal Express Corporation, 268 F.Supp.2d 192 (E.D.N.Y. 2003). Additional complainants also intervened. After a settlement conference, the parties settled the case in January 2006 by entry of a settlement agreement.

The settlement agreement between the Attorney General's Office and Federal Express, Inc. required Federal Express to adopt an anti-discrimination policy, and post and distribute through its employee handbook a notice of employee rights to all employees. The agreement also required Federal Express to adopt a policy whereby employees whose personal appearance does not comply with the stated dress code are allowed to submit a request for an exception; when the employee's request for an exception is based on a sincerely held religious belief, Federal Express is required to accommodate the employee so long as it does not impose undue hardship on Federal Express' business. The agreement had a term of two years and two months. In the event of non-compliance, the Court retained jurisdiction to ensure compliance.

Justin Kanter - 05/23/2008


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