Eeoc v. Fedex Corp
Opinion
Opinion
BACKGROUND
On November 27, 2004, Tyrone Merritt filed a charge of discrimination with the EEOC against FedEx on behalf of 12588 EEOC v. FEDERAL EXPRESS himself and similarly situated African American and Latino employees. Merritt alleged that FedEx’s Basic Skills Test, a cognitive ability test which Merritt was required to pass to be eligible for a promotion, had a statistically significant adverse impact on African American and Latino employees. Merritt also alleged that he had been personally denied promotion opportunities, unfairly disciplined, and denied compensation on account of his race.
Merritt, through counsel, requested a right-to-sue notice from the EEOC, which the EEOC issued to him on October 20, 2005. The EEOC, however, stated in that notice that it would continue to process Merritt’s charge. On October 26, 2005, Merritt joined an already-pending class action against FedEx. See Satchell v. Fed. Express, No. 3:03-cv-0259 (N.D. Cal.). The Satchell action is limited geographically to FedEx’s Western Region, an area encompassing eleven western states. FedEx employees outside that region are ineligible to join that action.