FedEx Freight to Pay $115,000 to Settle EEOC Sex Discrimination Lawsuit

Company Hired  Unqualified Man Over Three Qualified Women for Human Resources  Position, Federal Agency Charged

PHOENIX – FedEx Freight will pay $115,000 to settle a sex  discrimination lawsuit filed by the U.S. Equal Employment Opportunity  Commission (EEOC), the agency announced today.

The  EEOC had charged in its lawsuit (EEOC v. FedEx Freight, Inc. 2:10-cv-01962-ECV), filed in U.S.  District Court for the District of Arizona, that FedEx Freight's employee  relations manager passed over three qualified women for a human resources job at  its Phoenix office and instead hired a man who was unqualified for the  position.  The job posting indicated an  applicant must have both a bachelor's degree and two years' experience in human  resources, but could substitute related experience for the bachelor's  degree. 

Shunning  the three women, all of whom were qualified for the position, FedEx Freight  hired a male employee who had neither a bachelor's degree nor two years of experience  working in human resources.  In contrast,  all three female class members had at least two years' human resources or  related experience and/or a bachelor's degree.  In fact, one of the women not selected for the  position previously held a human resources representative position with a  sister company of FedEx Freight.

Sex  discrimination violates Title VII of the Civil Rights Act of 1964.  The EEOC filed suit after first attempting to  reach a pre-litigation settlement through its conciliation process.

FedEx Freight will pay $115,000 to the former female employees  to resolve this EEOC case.  Under the consent  decree settling the suit, FedEx Freight also must (1) provide anti-discrimination  training for managers, human resource personnel and employees who work at the  Phoenix service center and employees who are responsible for hiring there; (2) review,  and revise if necessary, its policies to ensure they prohibit sex  discrimination and ensure a strong and clear commitment to a workplace free of such  bias; (3) refrain from engaging in any future sex discrimination; (4) provide  letters of regret to the three women; and (5) post a notice that sex discrimination  – or retaliation for complaining about it – is unlawful.

"Employers  must review the qualifications of applicants without consideration of the  applicant's gender," said Mary Jo O'Neill, regional  attorney for the EEOC's Phoenix District Office.  "It is important that employers create a  culture where discrimination on the basis of sex in recruitment, hiring,  firing, compensation, promotion, assignment or other terms and conditions of  employment are not tolerated."

EEOC Phoenix District Director Rayford O.  Irvin said, "Employees are encouraged to contact the EEOC if they believe they  are being discriminated against on the basis of gender or punished for standing  up for their rights."

The  EEOC enforces federal laws prohibiting employment discrimination. Further  information about the EEOC is available on its web site at www.eeoc.gov.