Frequently Asked Questions

Click the Question link to jump to the Answer.

Questions

Answers

What is this lawsuit about?

Current and former Latino and African-American FedEx Express employees filed a class action lawsuit in federal court in San Francisco called Satchell et al. v. FedEx Express. The lawsuit 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.
What is a class action?

A class action is a lawsuit brought by individuals on behalf of a large group of people with the same basic claims. A judge has to decide if the case meets the legal requirements for a class action. If the requirements are met, class members are automatically covered by the suit, unless they ask to be excluded.
Am I a member of the class in this case?

For purposes of settlement, the Court certified a class of people who are eligible to file claims for money damages. You are a Class Member and can file a claim for monetary benefits if:

(1) You are an African American or Latino who worked at FedEx Express as a Freight Handler, Material Handler, Checker-Sorter, Customer Service Agent, Courier, Swing Driver, Ramp Transport Driver, Ramp Area Driver, Shuttle Driver, Dangerous Goods Agent, Information Agent, Operations Agent, Ramp Agent, Service Assurance Agent, Truck Control Agent, Trace Representative, Input Auditor, Team Leader, or Dispatcher in the Western Region of the AGFS and DGO Divisions at any time between October 17, 1999 and April 13, 2007.

AND/OR

(2) You are an African American who worked at FedEx Express as an Operations Manager in the Western Region of the AGFS and DGO Divisions at any time between October 17, 1999 and April 13, 2007.

The Court also certified a class of people who are eligible to benefit from the changes FedEx Express makes to its policies and procedures (the “equitable relief class”). This class includes everyone who held or holds any of the positions described in (1) and (2) above at any point from October 17, 1999 through the four-year period of the Consent Decree.

The only real difference between the money damages class and the equitable relief class is that the equitable relief class will include new FedEx Express employees as they are hired, because those new employees will necessarily benefit from FedEx Express’s policy and practice changes. The money damages class only includes those people who were employed at some point between October 17, 1999 and settlement preliminary approval on April 13, 2007, because those are the only people who have claims for money damages based on past discrimination.

If you do not want to remain a member of the money damages class, you have the right to opt out. However, you will remain in the equitable relief class and, if you are currently employed by FedEx Express, any changes made to FedEx Express’s policies about the treatment of African Americans and Latinos would still apply to you.

If you opt out of the monetary damages class, you will not be bound by the release of claims in this lawsuit and will preserve the right to file your own lawsuit against FedEx Express, but you will not be able to make a claim for money as a part of this class-action lawsuit. If you start your own lawsuit against FedEx Express after you opt out, you’ll have to represent yourself or hire and pay your own lawyer for that lawsuit, and you’ll have to prove your claims. If you do opt out yourself so you can start or continue a lawsuit against FedEx Express, you should talk to your own lawyer soon, because your claims may be subject to a time deadline.

If you do nothing, then you will remain a part of both the monetary damages and equitable relief classes.

If you would like to opt out of the money damages class, you must send a request to the Claims Administrator that includes the following language:

I understand that I am requesting to be excluded from the class monetary settlement and that I will receive no money from the settlement fund created under the Consent Decree entered into by FedEx Express. I understand that if I am excluded from the class monetary settlement, I may bring a separate legal action seeking damages, but may receive nothing or less than what I would have received if I had filed a claim under the class monetary settlement procedure in this case. I also understand that I may not seek exclusion from the class for injunctive relief and that I am bound by the injunctive provisions of the Consent Decree entered into by FedEx Express.

You must sign and date your statement and send it, postmarked by July 7, 2007, to the Claims Administrator:

Satchell v. FedEx Express Claims Administrator
Post Office Box 1695
Tallahassee, FL 32302-1695
What if I have other issues regarding my employment at FedEx Express?

This case only involves race discrimination claims asserted by certain Latino and African American employees in FedEx Express’s Western Region concerning promotions, compensation, and discipline. You may have other claims. You may also feel that FedEx Express treats its workers unfairly. We are not handling these other claims, but here are some resources you may explore: The National Employment Lawyers Association at 415-296-7629 or www.nela.org or Workplace Fairness at www.workplacefairness.org.

If you believe you have been discriminated against in ways not covered by this lawsuit, you should contact your local United States Equal Employment Opportunity Commission or state anti-discrimination agency. The EEOC’s website is www.eeoc.gov. You can also call them toll-free at: 1-800-669-4000. You may file a charge with the EEOC without a lawyer, if necessary. It is important to file a charge with the EEOC quickly because there is a very short time frame during which such claims may be filed.
Who are the attorneys who brought this case?

You can read profiles of the attorneys who represent the class by following this link: Class Counsel.
Can FedEx Express retaliate against me for filing a claim under the settlement?

No! The Court has issued an order expressly forbidding any retaliation by FedEx Express against anyone who files a claim. Also, the settlement Claims Administrator will not send FedEx Express the list of persons who filed claims, and the personal information you submit on a Claim Form will be kept confidential by the claims administrator.
How Do I Get More Information

You can find out more by reading the Notice of Class Action Settlement, the Consent Decree, and the Court’s Preliminary Approval Order. You can also visit the website about the settlement that has been set up by the Claims Administrator: www.FedExExpressclaims.com. If you have questions after reading those documents, please call the settlement Claims Administrator at this number: 1-866-854-4154. You can also call Class Counsel at 1-800-254-3079.
Will it cost me anything to be included in the class?

No. There is no cost to you for being included in the class.
What do I have to do to make sure I am included in the class?

Nothing. If you are a member of the class, you are automatically included in the class and do not have to take any steps to remain in the class.

However, if you are a Class Member and you would like to claim money damages, you need to mail in a Claim Form, postmarked by August 1, 2007 in order to get monetary benefits. Mail the completed claim form to:

Satchell v. FedEx Express Claims Administrator
Post Office Box 1695
Tallahassee, FL 32302-1695

Mailing in a Claim Form is the only way to receive monetary benefits under the settlement.

If you are a Class Member, you should receive a Notice of Class Action Settlement and Claim Form in the mail. If you are a Class Member but you do not receive a Notice of Class Action Settlement and Claim Form by the second week of June, please call the Claims Administrator at this toll-free number: 1-866-854-4154.
Why did the parties agree to a settlement?

The attorneys for the plaintiff classes (“Class Counsel”) reviewed thousands of pages of documents, conducted many depositions, interviewed many members of the class, and learned much about FedEx Express’s policies and practices during the course of this litigation. After lengthy discussions, Class Counsel concluded that the terms of the settlement offered by FedEx Express are fair, reasonable, adequate, and in the best interests of the class. FedEx Express has agreed to make significant changes to its policies and practices and to provide substantial monetary benefits to the class. (Read the Consent Decree, which includes all terms of the settlement.)

In reaching the conclusion that the proposed settlement is in the best interests of the class, Class Counsel analyzed the benefits of the settlement and the risk of an unfavorable outcome (i.e. losing), as well as the expense and length of continued proceedings necessary to prosecute this action through a trial and possible appeals. If the case had gone to trial, there is always a risk that FedEx Express would have won the case, which means that members of the class would not have received any benefits at all. Further, even if plaintiffs won at trial, it is uncertain what relief the jury or Court would have awarded. And FedEx Express could have appealed, which means it could have taken a long time for anyone to receive benefits.

FedEx Express agreed to the settlement because it wanted to avoid further costly, disruptive, and time-consuming litigation, and desires to obtain complete and final settlement of the claims of the Plaintiffs and members of the class. FedEx Express did not admit any wrongdoing or liability.
What does the parties’ settlement provide?

We encourage you to read the Notice of Class Action Settlement and Consent Decree, which describe the terms of the settlement in detail. We summarize some of the changes FedEx Express has agreed to make to its policies and practices below, but there are other changes as well, which you can read about in the Consent Decree.

In summary, FedEx Express has agreed as part of the settlement to be bound by a Consent Decree for four years that will obligate it to implement a number of steps that affect the way it evaluates, pays, disciplines, and promotes its hourly employees and operations managers. The overall objective of this Decree, which is a type of court order, is to ensure equal employment opportunities for African Americans and Latinos who work for FedEx Express in the Western Region.

In order to help achieve this goal, FedEx Express has agreed to take many steps, including all of the following:

Promotions To Hourly Positions

(1) FedEx Express will discontinue use of the Basic Skills Test (“BST”) as a requirement for awarding Courier, Ramp Transport Driver, or Service Agent positions.
(2) FedEx Express has eliminated the “casual” category of employees.
(3) FedEx Express will post all open positions on JCATS, and will fill job vacancies for hourly positions only through the JCATS system, subject to the limited policy exceptions noted in the Decree.
(4) FedEx Express will eliminate the step of manager “approval” to apply for a promotion through JCATS; instead, managers will only verify that employees meet all requirements for the promotion.

Promotions To Management

(5) FedEx Express will provide information on its intranet and on paper that informs employees about the ASPIRE system for entry into management positions, will allow all eligible employees to enroll in available ASPIRE to Management classes, and will require only that managers verify employees’ eligibility for ASPIRE to Management, rather than “approve” employees’ requests for management classes.

Performance Evaluations and Compensation

(6) FedEx Express will provide training and specific guidelines for managers to use in the performance evaluation process, will eliminate manager discretion to make “exceptions” to performance review scores, except in clearly prescribed circumstances, and will monitor the subjective criteria used in the performance review process to make sure that subjective criteria are not used to give African Americans or Latinos disproportionately low performance review scores.

Discipline

(7) FedEx Express will revise its discipline policy to ensure evenhanded enforcement of disciplinary rules, including enforcing its requirement that the factual background and reason for all discipline be documented in writing. Guaranteed Fair Treatment Policy
(8) FedEx Express will revise its Guaranteed Fair Treatment (“GFT”) policy to encourage, rather than require, employees to engage in “open and frank” discussion with the decision-maker prior to initiating the GFT process, and will provide the employee with access to the Management Rationale for the challenged action and allow the employee time to respond.

Accountability

(9) Managers will be evaluated on whether they follow FedEx Express’s revised policies with respect to promotions, pay, and discipline.
(10) FedEx Express will subject to discipline, up to and including termination, those managers who fill positions without following FedEx Express’s official procedures (such as failing to choose the person with the highest CEV points for a job).

Monitoring and Enforcement (11) FedEx Express will establish an internal Monitoring Panel to monitor and enforce these policies and practices and to ensure compliance with all terms of the Consent Decree. The Monitoring Panel will review reports of complaints of discrimination by FedEx Express employees, and will also receive and review other reports designed to insure that FedEx Express is following the new policies established through this Consent Decree.
(12) Throughout the term of the Consent Decree (4 years), FedEx Express will provide regular progress reports to Counsel for the Plaintiffs. These reports will describe FedEx Express’s progress in implementing the Decree, and include information about complaints of discrimination by African American and Latino employees, discipline imposed, and promotions granted. If Counsel for the Plaintiffs believe that FedEx Express is disobeying its obligations under the Decree, Counsel may bring the matter to the attention of the Court or a Special Master.
(13) A Court-appointed Special Master (an experienced lawyer who previously served as the parties’ Mediator) will be authorized to resolve any disputes under the Consent Decree.

No Retaliation

(14) FedEx Express will not retaliate in any way against the employees (or former employees) who sued it.

If, after the Consent Decree becomes effective, a member of the class has reason to believe that FedEx Express is not fully complying with one of the terms of the Consent Decree, that member of the class can contact Class Counsel to provide the basis for that belief.

Also as part of the settlement, FedEx Express has agreed to pay nearly $38.5 million to Class Members who make a timely claim for past discrimination.

In exchange for these policy and practice changes, and for the monetary benefits, Class Members who do not opt out agree under the settlement to release the legal claims against FedEx Express that formed the basis for this litigation.
How do I file a claim for money damages under the settlement?

If you are a Class Member, you should complete a Claim Form and mail it, postmarked by August 1, 2007, to the following address:

Satchell v. FedEx Express Claims Administrator
Post Office Box 1695
Tallahassee, FL 32302-1695

Mailing in a Claim Form is the only way to receive monetary benefits under the settlement.

If you are a Class Member, you should receive a Notice of Class Action Settlement and Claim Form in the mail. If you are a Class Member but you do not receive a Notice of Class Action Settlement and Claim Form by the second week of June, please call the Claims Administrator at this toll-free number: 1-866-854-4154.
What is the deadline for filing a claim?

Cl aim Forms must be postmarked by August 1, 2007.
When will benefits be paid?

If the Court grants final approval to the Consent Decree at the final approval hearing on August 9, 2007, we expect that payments will be made sometime in late 2007. Please check this website again for updates.
When will FedEx Express make policy and practice changes under the settlement?

Unless specifically provided otherwise in the Consent Decree, the policy and practice requirements of the Decree were effective as soon as the Court signed the Preliminary Approval Order. (See Section VI of the Consent Decree.)
What if I do not receive the Notice of Class Action Settlement and Claim Form?

The Notice of Class Action Settlement and Claim Form will be sent out by May 23, 2007. If you are a Class Member but do not receive a Notice of Class Action Settlement and Claim Form by the second week in June, please call the settlement Claims Administrator at this toll-free number: 1-866-854-4154.
What does it mean that the settlement has been “preliminarily approved”?

Settlement approval is a two-step process.

First, the Court reviews the terms of the settlement to decide whether they should be preliminarily approved. Preliminary approval means that the Court has decided that the settlement terms are within the range of terms that are likely to earn final approval. Preliminary approval also means that the Court has decided that notice of the settlement should be sent to the class so that they have a chance to claim benefits and to express their views about the settlement.

Second, the Court will decide whether to grant final approval to the settlement. This has not yet happened in this case. The Court will decide whether to grant final approval on or shortly after a hearing scheduled for August 9, 2007 at 3:30 p.m. The test for final approval is whether the settlement is fair, reasonable, and adequate. The Court will consider any views expressed by members of the class in response to the Notice of Class Action Settlement before it decides whether to grant final approval. Also at the August 9, 2007 hearing, the Court will decide whether to approve Class Counsel’s request for attorneys’ fees and costs in the amount of $15 million.
When will the Court decide whether to grant final approval to the settlement?

The Court has scheduled a final approval hearing for August 9, 2007 at 3:30 p.m. The Court may decide whether to grant final approval at that hearing or sometime thereafter. Also at the August 9, 2007 hearing, the Court will decide whether to approve ’s request for attorneys’ fees and costs in the amount of $15 million. Members of the class are welcome to attend the hearing but do not have to do so.

What if I have more questions about the settlement or the claims process?

If you have more questions, we encourage you to read the Notice of Class Action Settlement, the Consent Decree, and the Court’s Preliminary Approval Order. You can also visit the website about the settlement that has been set up by the Claims Administrator: www.FedExExpressclaims.com.

If you have questions about the claims process after reading those documents, please call the settlement Claims Administrator at this number: 1-866-854-4154.

If you have questions about the settlement, please call Class Counsel at: 1-800-254-3079.