FedEx to Pay $366M to Fired Employee

A jury awarded a FedEx employee a whopping $366M – $1.16M in compensatory damages, $365M in punitive damages – in November 2022, which a court ordered FedEx to pay in February 2023.  The employee sued for race discrimination and retaliation but won only on the retaliation claim.  She alleged she was fired after complaining about race discrimination.  In support for the punitive damages, the employee argued that FedEx: (1) hires Human Resources personnel who are not qualified to follow policies prohibiting discrimination and retaliation, (2) fails to adequately train its managers on discrimination and retaliation policies, and (3) fails to supervise its managers to make sure they follow discrimination and retaliation policies.

What would a respectful workplace have done?

Punitive damages are awarded when an employer acts with malice – an evil intent.  Respectful workplaces not only create anti-discrimination and retaliation policies, they train all employees on those policies and ensure managers and Human Resources understand, follow, and enforce them.  And they ensure their employees act with thoughtful intent.

Illegal retaliation – getting even with a whistleblower or an employee who has complained about discrimination or harassment – is the hottest employment issue of the decade. Train your executives and managers so they can avoid retaliation claims through our Managing Within the Law course and Harassment Prevention Training—newly revised for 2023!  To book training for your company, please call us at 800-458-2778 or send us an email.