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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5208729/parties/dickens-v-federal-express-corp/

Judge(s)

Pointer, Sam Clyde (Alabama)

Documents in the Clearinghouse

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

April 23, 1999

April 23, 1999

Order/Opinion

180 F.3d 271

Resources

Docket

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

Last updated April 5, 2025, 11:11 a.m.

ECF Number Date Description Link
2 Dec. 18, 1996

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

PACER
3 Dec. 18, 1996

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

PACER
4 Jan. 30, 1997

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

PACER
5 March 7, 1997

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

PACER
March 10, 1997

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

PACER
6 March 17, 1997

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

PACER
April 8, 1997

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

PACER
7 April 17, 1997

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

PACER
8 April 22, 1997

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)

PACER
9 April 25, 1997

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

PACER
10 June 11, 1997

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

PACER
11 June 11, 1997

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

PACER
June 11, 1997

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

PACER
June 11, 1997

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

PACER
12 June 16, 1997

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)

PACER
13 June 16, 1997

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)

PACER
14 July 11, 1997

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

PACER
16 July 23, 1997

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)

PACER
17 Sept. 15, 1997

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

PACER
18 Sept. 15, 1997

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

PACER
19 Oct. 1, 1997

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

PACER
20 Oct. 20, 1997

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

PACER
21 Oct. 21, 1997

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)

PACER
Oct. 29, 1997

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

PACER
22 Nov. 5, 1997

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

PACER
23 Nov. 5, 1997

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

PACER
24 Nov. 5, 1997

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

PACER
25 Nov. 7, 1997

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

PACER
26 Nov. 12, 1997

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

PACER
27 Nov. 13, 1997

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

PACER
28 Dec. 1, 1997

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

PACER
29 Dec. 8, 1997

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

PACER
30 Dec. 11, 1997

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)

PACER
31 Jan. 2, 1998

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

PACER
Jan. 5, 1998

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

PACER
33 Jan. 15, 1998

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

PACER
34 Jan. 21, 1998

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

PACER
35 Jan. 29, 1998

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)

PACER
36 Feb. 3, 1998

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

PACER
37 Feb. 4, 1998

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

PACER
38 Feb. 12, 1998

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

PACER
39 Feb. 20, 1998

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)

PACER
40 May 8, 1998

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

Clearinghouse
41 May 8, 1998

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)

Clearinghouse
42 May 8, 1998

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)

PACER
43 May 8, 1998

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

PACER
47 June 8, 1998

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)

PACER
June 8, 1998

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

PACER
44 June 17, 1998

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

PACER
45 June 25, 1998

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)

PACER
46 June 27, 1998

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

PACER
48 July 13, 1998

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

PACER
July 17, 1998

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

PACER
49 July 21, 1998

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

PACER
Sept. 24, 1998

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

PACER
Oct. 9, 1998

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

PACER
Dec. 29, 1998

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

PACER
Jan. 18, 1999

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

PACER
50 Feb. 5, 1999

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

PACER
51 Feb. 8, 1999

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

PACER
52 Feb. 8, 1999

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

PACER
Feb. 8, 1999

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

PACER
Feb. 8, 1999

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

PACER
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)

PACER
March 5, 1999

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

PACER
53 July 22, 1999

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

PACER
54 Aug. 26, 1999

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)

PACER

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

Private Entity/Person

Federal Express Corporation

Federal Express Corporation

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Alabama 2:96-cv-03108

U.S. Court of Appeals for the Eleventh Circuit 98-06472

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Accommodation / Leave

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation