FedEx Freight to Pay $115,000 for Hiring Unqualified Man over Three Qualified Women

On June 25, 2012, the U.S. Equal Employment Opportunity Commission announced that FedEx Freight will pay $115,000 to settle a sex discrimination lawsuit filed by the agency.

The agency filed the lawsuit in Arizona federal court (EEOC v. FedEx Freight, Inc. 2:10-cv-01962-ECV). The suit alleged that FedEx Freight violated Title Vii of the Civil Rights Act of 1964 by passing over three qualified female applicants and instead hiring an unqualified male applicant. The company’s Phoenix office posted a job opening for a human resources position that required an applicant to have both a bachelor’s degree and two year’s experience in human resources, but related experience could be cited in lieu of the bachelor’s degree.

The three women that were turned down were each qualified for the position and had at least two year’s human resources or related experience and/or a bachelor’s degree. One of the women had even previously held a human resources position with a sister company of FedEx Freight. In contrast, the male applicant that was ultimately hired for the position had neither a bachelor’s degree nor two years experience working in human resources.

According to the consent decree settling the suit, in addition to paying $115,000, 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.

If you feel that you have been the victim of sexual discrimination, please contact Khorrami LLP for a private consultation.