In its lawsuit, the Equal Employment Opportunity Commission ("EEOC") alleged that FedEx Ground violated the Americans with Disabilities Act (“ADA”) by discriminating against deaf or hard-of-hearing individuals in the hiring process for the Package Handler position and by failing to provide reasonable accommodations to deaf or hard-of-hearing Package Handlers. FedEx Ground denied EEOC’s claims. After more than five years of litigation, EEOC and FedEx Ground have reached an agreement to settle the lawsuit. The settlement agreement, called a Consent Decree, was approved by the Court. It is available to you through this link: Consent Decree.
The Consent Decree promotes accommodations for deaf and hard-of-hearing Package Handlers at FedEx Ground facilities throughout the country. These accommodations include American Sign Language ("ASL") interpreting through live interpreters and Video Remote Interpreting ("VRI"), vibrating scanners, warning lights on tuggers and forklifts, and personal emergency notification devices. The Consent Decree also includes training for managers on providing accommodations to deaf and hard-of-hearing individuals.
Claimants who are eligible to receive money are listed in Exhibit A and Exhibit B of the Consent Decree. If you received a Notice in the mail directing you to this website, then you are one of the 229 named claimants who is eligible to receive a payment under the Consent Decree. The amount you are eligible to receive is in your Notice. If you are listed in Exhibit A or Exhibit B and did not receive a Notice, please contact us.
All claimants have a gross compensatory damages amount stated in their Notice. If your Notice has two different dollar amounts, then you are a claimant who FedEx Ground did not hire and the first amount is your gross back-pay and the second amount is your gross compensatory damages.
All payments are taxable. There are withholdings from back-pay amounts, but not from compensatory damages amounts. All payments will be reported to the IRS and you are ultimately responsible for any taxes you might owe on your payments.
Per the Consent Decree, payments by FedEx Ground have been made into an interest-bearing Qualified Settlement Fund (“QSF”), which is administered by the Fund Administrator. Distributions from the QSF, including distributions to eligible Claimants, will be made by the Fund Administrator solely at the direction of EEOC, subject to the requirements of the Consent Decree.
In order to receive the payment stated in your Notice, you must sign and return the Release mailed to you with your Notice. You should mail it back to the appointed Fund Administrator, JND, using the pre-paid return envelope provided to you. You must return your signed Release to JND by March 5, 2021. You should keep a copy of your signed Release for your records. The Release may be viewed on the Important Documents page of this website.