U.S. Equal Employment Opportunity Commission
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.