University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FEDERAL EXPRESS CORPORATION EE-PA-0070
Docket / Court 02-CV-984 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Fed Ex Express Corporation
Fed Ex 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
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2004 - 2005
Case Closing Year 2004
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:02-cv-00984-SD (E.D. Pa.)
EE-PA-0070-9000.pdf | Detail
Date: 07/18/2002
Source: PACER [Public Access to Court Electronic Records]
05-1418 (U.S. Court of Appeals)
EE-PA-0070-9002.pdf | Detail
Date: 03/03/2006
Source: PACER [Public Access to Court Electronic Records]
05-1565 (U.S. Court of Appeals)
EE-PA-0070-9003.pdf | Detail
Date: 03/03/2006
Source: PACER [Public Access to Court Electronic Records]
1:02-cv-01194-YK (M.D. Pa.)
EE-PA-0070-9001.pdf | Detail
Date: 04/28/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-PA-0070-0001.pdf | Detail
Date: 02/26/2002
Complaint of Intervenor
EE-PA-0070-0002.pdf | Detail
Date: 03/07/2002
Memorandum and Order (M.D. Pa.)
EE-PA-0070-0003.pdf | Detail
Date: 09/09/2003
Order (M.D. Pa.)
EE-PA-0070-0004.pdf | Detail
Date: 02/02/2004
Jury Verdict
EE-PA-0070-0005.pdf | Detail
Date: 02/24/2004
EEOC Press Release
EE-PA-0070-0011.pdf | Detail
Date: 02/25/2004
Judgment (M.D. Pa.)
EE-PA-0070-0006.pdf | Detail
Date: 02/26/2004
Order (M.D. Pa.)
EE-PA-0070-0007.pdf | Detail
Date: 03/04/2004
Amended Memorandum and Order (537 F.Supp.2d 700) (M.D. Pa.)
EE-PA-0070-0008.pdf | WESTLAW| LEXIS | Detail
Date: 01/18/2005
Amended Judgment (M.D. Pa.)
EE-PA-0070-0009.pdf | Detail
Date: 01/18/2005
Consent Decree
EE-PA-0070-0010.pdf | Detail
Date: 04/25/2005

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