Case: EEOC v. FEDERAL EXPRESS CORPORATION

2:96-cv-03108 | U.S. District Court for the Northern District of Alabama

Filed Date: Nov. 27, 1996

Closed Date: Aug. 26, 1999

Clearinghouse coding complete

Case Summary

In November 1996, the EEOC district office in Birmingham, Alabama brought this suit against the Federal Express Corporation, an international parcel courier, in the U.S. District Court for the Northern District of Alabama. Although the complaint is currently unavailable, the order for partial summary judgment states that the EEOC alleged violations of the Americans with Disabilities Act. The aggrieved employee claimed that Federal Express failed to reasonably accommodate her after the defenda…

In November 1996, the EEOC district office in Birmingham, Alabama brought this suit against the Federal Express Corporation, an international parcel courier, in the U.S. District Court for the Northern District of Alabama. Although the complaint is currently unavailable, the order for partial summary judgment states that the EEOC alleged violations of the Americans with Disabilities Act. The aggrieved employee claimed that Federal Express failed to reasonably accommodate her after the defendant determined the aggrieved employee could not fulfill her courier duties.

Both parties moved for summary judgment, and in May 1998 the court granted the defendant's motion on the dispositive issue of whether the employer had in fact made reasonable accommodation efforts. The court noted that Federal Express attempted to accommodate the aggrieved employee by (1) allowing her ninety days to apply for any other job with Federal Express that she was qualified for; (2) provided her with access to a weekly comprehensive list of open positions; (3) giving her an unlimited number of Job Change Applications; (4) giving her preferential hiring status to any lateral or lower position within the Federal Express Ground division; and (5) making Federal Express' Human Capital Management Committee available to consider any proposed accommodation the aggrieved employee may request. The court ruled that the aforementioned attempts at accommodation were reasonable as a matter of law. The aggrieved employee appealed the decision of the District Court but lost when the appellate court affirmed.

Summary Authors

Jason Chester (6/3/2007)

Documents in the Clearinghouse

Document

2:96-cv-03108

Docket [PACER]

Dickens v. Federal Express

Aug. 26, 1999

Aug. 26, 1999

Docket
40

2:96-cv-03108

Opinion

EEOC v. Federal Express

May 8, 1998

May 8, 1998

Order/Opinion
41

2:96-cv-03108

Order

EEOC v. Federal Express

May 8, 1998

May 8, 1998

Order/Opinion

98-06472

[Table Opinion]

EEOC v. Federal Express

U. S. Court of Appeals for the Eleventh Circuit

180 F.3d 271

April 23, 1999

April 23, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5208729/dickens-v-federal-express-corp/

Last updated Aug. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
2

NOTICE of appearance for plaintiff EEOC by Pamela Karen Agee filed cs (Former Employee) (Entered: 12/18/1996)

Dec. 18, 1996

Dec. 18, 1996

3

WAIVER of Service of Summons by defendant filed (Former Employee) (Entered: 12/18/1996)

Dec. 18, 1996

Dec. 18, 1996

4

ANSWER by dft Federal Express Corp w/appear by atty Sarah B Jackson filed cs (Former Employee) (Entered: 01/31/1997)

Jan. 30, 1997

Jan. 30, 1997

5

NOTICE of appearance for defendant Federal Express Corp by William H King III filed cs (TLM) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

DOCKET modification (utility event) withdrawing attorney attorney Sarah B Jackson for Federal Express Corp (TLM) (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

6

Report of Parties (form 35) of compliance with FRCP 26 filed cs (TLM) (Entered: 03/18/1997)

March 17, 1997

March 17, 1997

DOCKET modification (utility event) ; Pretrial scheduling conf set for 1:00 4/24/97 (RLD) (Entered: 04/08/1997)

April 8, 1997

April 8, 1997

7

MOTION by defendant Federal Express Corp for attorney Warwick Spencer to appear pro hac vice filed cs (TLM) (Entered: 04/21/1997)

April 17, 1997

April 17, 1997

8

7 - ORDER granting motion for attorney Warwick Spencer to appear pro hac vice [7-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

9

ORDER (Scheduling) that ;discovery cutoff 10/1/97 by Chief Judge Sam C. Pointer Jr entered cm (TLM) (Entered: 04/25/1997)

April 25, 1997

April 25, 1997

10

MOTION by defendant for attorney Michael Frazier to appear pro hac vice filed cs (TLM) (Entered: 06/11/1997)

June 11, 1997

June 11, 1997

PRO HAC VICE admission fee paid on 6/11/97 receipt # 113086 (TLM) (Entered: 06/11/1997)

June 11, 1997

June 11, 1997

11

MOTION by defendant for attorney Michael LaPointe to appear pro hac vice filed cs (TLM) (Entered: 06/11/1997)

June 11, 1997

June 11, 1997

PRO HAC VICE admission fee paid on 6/11/97 receipt # 113085 (TLM) (Entered: 06/11/1997)

June 11, 1997

June 11, 1997

12

11 - ORDER granting motion for attorney Michael LaPointe to appear pro hac vice [11-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

13

10 - ORDER granting motion for attorney Michael Frazier to appear pro hac vice [10-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

14

MOTION by plaintiff to amend , and for order of adjustment of attendant ddls. filed cs (TLM) (Entered: 07/14/1997)

July 11, 1997

July 11, 1997

16

ORDER - Scheduling (New Rules) that discovery cutoff is 10/1/97; dispositive motions to be filed by 12/1/97; case ready for trial by 2/1/98 (by Chief Judge Sam C. Pointer Jr) entered cm (Former Employee) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

17

WITNESS list by plaintiff filed cs (TLM) (Entered: 09/17/1997)

Sept. 15, 1997

Sept. 15, 1997

18

WITNESS list by plaintiff EEOC filed cs (TLM) (Entered: 09/17/1997)

Sept. 15, 1997

Sept. 15, 1997

19

WITNESS (supplemental)list by plaintiff EEOC filed cs (TLM) (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

20

MOTION by defendant Federal Express Corp for attorney Michael Vint to appear pro hac vice filed cs (TLM) (Entered: 10/29/1997)

Oct. 20, 1997

Oct. 20, 1997

21

20 - ORDER granting motion for attorney Michael Vint to appear pro hac vice [20-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 10/29/1997)

Oct. 21, 1997

Oct. 21, 1997

PRO HAC VICE admission fee paid on 10/21/97 receipt # 118891 (TLM) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

22

Subpoena returned executed: on Zenko Hrynkiw MD on 10/29/97 filed (Former Employee) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

23

Subpoena returned executed: on Intracorp on 10/20/97 filed (Former Employee) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

24

Subpoena returned executed: on Alexis on 10/21/97 filed (Former Employee) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

25

NOTICE of filing dfts expert report with exhs att, filed cs (Former Employee) (Entered: 11/10/1997)

Nov. 7, 1997

Nov. 7, 1997

26

MOTION by plaintiff EEOC to extend discovery filed cs (TLM) (Entered: 11/13/1997)

Nov. 12, 1997

Nov. 12, 1997

27

MOTION by plaintiff to compel filed cs (TLM) (Entered: 11/18/1997)

Nov. 13, 1997

Nov. 13, 1997

28

MOTION by defendant Federal Express Corp for summary judgment filed cs (TLM) (Entered: 12/08/1997)

Dec. 1, 1997

Dec. 1, 1997

29

MOTION by plaintiff EEOC to extend discovery filed cs (TLM) (Entered: 12/09/1997)

Dec. 8, 1997

Dec. 8, 1997

30

ORDER that the plas motion to continue the dfs moton for sumjgm until after the pending discovery issues have been relolved filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

31

MOTION (Joint) by parties to amend scheduling order filed cs (Former Employee) (Entered: 01/05/1998)

Jan. 2, 1998

Jan. 2, 1998

DOCKET modification (utility event) ; Motion docket set for 3:30 1/9/98 (RLD) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

33

31 - ORDER granting motion to amend scheduling order [31-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

34

MOTION by plaintiff for partial summary judgment filed cs (TLM) (Entered: 01/26/1998)

Jan. 21, 1998

Jan. 21, 1998

35

RESPONSE by defendant Federal Express Corp to cross-motion for partial summary judgment [34-1] with exhs att (N-Q), filed cs (Former Employee) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

36

NOTICE of appearance for defendant Federal Express Corp by Anne Sikes Hornsby filed cs (TLM) (Entered: 02/04/1998)

Feb. 3, 1998

Feb. 3, 1998

37

NOTICE of change of firm affiliation for defendant Federal Express Corp by Martin K LaPointe filed cs (Former Employee) (Entered: 02/04/1998)

Feb. 4, 1998

Feb. 4, 1998

38

AFFIDAVIT of Jeffrey A. Thornton regarding motion for summary judgment [28-1] filed cs (TLM) (Entered: 02/17/1998)

Feb. 12, 1998

Feb. 12, 1998

39

AFFIDAVIT (Supplement to Submission of) of Jeffrey A Thornton [38-1] in support of motion for sum jgm filed cs (Former Employee) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

41

ORDER granting & denying inpart motion for partial summary judgment [34-1] Granted as to the issued of reasonable accomodation; and Denied on the issues of disability and release of claims; because the issued of reasonable accomodation is dispositive of the plas entire claim this action is dismissed w/prejudice each pty to bear its own costs; the plas motion is MOOT terminating case filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

42

26 - ORDER finding the motion to extend discovery [26-1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

43

27 - ORDER finding the motion to compel [27-1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

47

NOTICE of appeal by plaintiff Katherine Dickens from District Court decision, [40-1] ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (TLM) (Entered: 06/30/1998)

June 8, 1998

June 8, 1998

APPEAL fee received in amount of $ 105. (TLM) (Entered: 06/30/1998)

June 8, 1998

June 8, 1998

44

MOTION by plaintiff EEOC to amend complaint substituting pla Katherine Dickens for EECO filed cs (TLM) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

45

ORDER granting motion to amend [44-1] substituting Katherine Dickens as the named pla for the purpose of an appeal of this courts dismissal of the action is Granted filed ( by Chief Judge Sam C. Pointer Jr ) cm (KAM) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

46

NOTICE (deemed filed 6/8/98 ) of appearance for plaintiff Katherine Dickens by filed cs (TLM) (Entered: 06/27/1998)

June 27, 1998

June 27, 1998

48

MOTION (Amended) by plaintiff Katherine Dickens to amend substituting Dickens for EEOC filed cs (TLM) (Entered: 07/14/1998)

July 13, 1998

July 13, 1998

NOTIFICATION by Circuit Court of Appellate docket number 98-6472 (TLM) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

49

48 - ORDER granting motion to amend [48-1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/21/1998)

July 21, 1998

July 21, 1998

CERTIFICATE of readiness issued cm (Former Employee) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

NOTIFICATION by Circuit Court of Appellate docket number 98-6472 (TLM) (Entered: 10/09/1998)

Oct. 9, 1998

Oct. 9, 1998

CERTIFIED record on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

NOTIFICATION by Circuit Court of Appellate docket number 98-6472 (TLM) (Entered: 01/18/1999)

Jan. 18, 1999

Jan. 18, 1999

50

MOTION by plaintiff Katherine Dickens to supplement [50-1] record on appeal filed cs (TLM) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

DOCKET modification (utility event) granting motion to supplement [50-1] by USCA [50-1] (TLM) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

51

DEPOSITION of Katherine Dickens taken on behalf of: dft filed (TLM) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

52

DEPOSITION of Jeffery A Thornton & Ronald Watkins taken on behalf of: pla filed (TLM) Modified on 02/08/1999 (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

CERTIFICATE of readiness (1st supplemental) issued cm (Former Employee) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

CERTIFIED record (1st supplemental) on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

NOTIFICATION by Circuit Court of Appellate docket number 98-6472 (TLM) (Entered: 03/05/1999)

March 5, 1999

March 5, 1999

53

CERTIFIED copy of Appellate Court order: the pet for rehrg filed by appellant Dickens is Denied filed (TLM) (Entered: 07/22/1999)

July 22, 1999

July 22, 1999

54

CERTIFIED copy of Appellate Court order: affirming the decision of the District Court [47-1] issued as mandate 7/22/99 filed (TLM) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

40

MEMORANDUM opinion filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM)

May 8, 1998

May 8, 1998

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 27, 1996

Closing Date: Aug. 26, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Express Corporation (Homewood, Alabama), Private Entity/Person

Federal Express Corporation, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit