Judge certifies first ever race discrimination class action against FedEx; names SWCK class counsel
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On November 12, 2003 Schneider Wallace Cottrell Konecky LLP, with a coalition of nationally-known law firms filed an employment discrimination class action lawsuit against FedEx Express. The named Plaintiffs alleged that FedEx Express discriminated within its Western Region against African-American and Latino hourly employees with respect to promotions, compensation, and discipline and against African-American operations managers with respect to compensation and discipline. The Plaintiffs also alleged that FedEx Express's Basic Skills Test ("BST") was biased against African Americans and Latinos.
After filing their complaint, Plaintiffs obtained and analyzed hundreds of thousands of pages of FedEx Express documents and took deposition testimony from key FedEx Express managers and former managers. Both sides then produced reports from experts who reached different conclusions about whether FedEx Express's practices discriminatorily injured African Americans and Latinos.
After a hearing, the Court found that the case could proceed as a class action lawsuit - that is, that the named Plaintiffs could represent all African-American and Latino FedEx Express employees in the Western Region claiming that FedEx Express had discriminated against them on the basis of race or national origin with respect to promotions, pay, and discipline. (