FedEx Civil Rights Groundbreaking Verdict
Christopher B. Dolan, received a $60,000,000 verdict against FedEx
The $50 million punitive damage award came in the second phase of the trial and was based on a finding that FedEx Ground and Shoun acted with oppression and malice in the treatment of the plaintiffs. The Jury held the individual manager liable for $1 million in emotional distress damages and $56.00 in punitive damages after the plaintiffs’ counsel asked the jury to teach him a lesson through compassion in the punitive damage phase and hold the company liable for the damage. The total verdict was $61,000,056. (Alameda County Superior Court Case No . 841208-9.)
Christopher B Dolan, Esq., of the Dolan Law Firm, San Francisco, counsel for the plaintiffs, stated, “This is a significant statement by the jury, 12 Americans, that harassment of Arabs will not be tolerated. In this day and age, where Arabs are being targeted for harassment and discrimination based on the stereotypes projected by our government and the media, it was a brave statement by this jury, after hearing all the evidence, that this conduct will not be tolerated in a decent law abiding society.”
Following the jury’s award, the plaintiffs said, “We thank God that the jury stood up to the giant Federal Express and made a statement that we count, that we have rights, and that we should not be forced to work under conditions where we are treated as less than human.”
California law provides that individuals who engage in harassment can be held personally liable as well in addition to the employer being held liable when the employer knows or should have known and fails to act to prevent or stop the harassment.
An individual who has suffered unlawful conduct, inc California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct.
Read the full News Release on this case.
Jury awards $61 million to two FedEx drivers in harassment suit (SFGate.com)
California jury awards $61M for harassment (Yahoo!)
California jury awards $61 million to two FedEx drivers in harassment lawsuit (USA Today)
FedEx Strategy Backfires in Punitive Phase (The Recorder)
California Jury Awards $61 Million to Two FedEx Drivers in Race Bias Claim (BNA Reporter)
Oakland Fed Ex Workers Win Bias Lawsuit (Los Angeles Herald/CBS 5)
California Jury Awards $50 Million In Punitive Damages, Above $11 Million In Compensatory Damages, to Arab-American FedEx Drivers (Boston Herald)
FedEx loses lawsuit over harassment (Oakland Tribune)