FedEx Freight settles racial discrimination lawsuit

FedEx Freight has reached a settlement with a former driver in a racial discrimination lawsuit.

According to court documents, FedEx Freight and Larry Kilgore III have reached a settlement in a racial discrimination lawsuit filed in an Illinois federal court in June 2018. Since the settlement did not involve the courts, details have not been disclosed.

Kilgore, a Black man, began working for FedEx Freight in April 2015. While filling out paperwork in the driver’s lounge on Aug. 10, 2017, Don Romero, who is not Black, allegedly called Kilgore “dumb” or “stupid,” according to court documents.

After a few more unprovoked confrontations with Romero, Kilgore informed a supervisor of the problem and eventually complained to FedEx Freight’s Alert Line about the incidents. Kilgore was sent home without pay during the internal investigation. However, Romero was not. In the complaint, Kilgore claimed that the entire investigation process was one-sided in favor of Romero.

Ultimately, both men received corrective action. However, Kilgore’s punishment was much more severe. A FedEx Freight employee-relations adviser concluded Kilgore “made very inappropriate and threatening comments directed towards Mr. Romero.” Consequently, Kilgore was terminated from his employment at FedEx Freight. Romero was not fired.

In the racial discrimination lawsuit, Kilgore pointed to a prior incident where FedEx Freight employee was in a similar situation as himself. That employee, who is not Black, was not fired.

FedEx Freight moved to have the case dismissed in September 2019. A claim for discrimination under Title VII of the Civil Rights Act of 1964 or the Illinois Human Rights Act must show “whether the evidence would permit a reasonable fact-finder to conclude that (plaintiff) was subjected to an adverse employment action based on a statutorily prohibited factor,” the court explains. Meanwhile, a claim under the equal rights law of 42 U.S. Code section 1981 must show “that, but for race, (he) would not have suffered the loss of a legally protected right.”

FedEx Freight argued that Kilgore’s racial discrimination claims do not pass requirements set forth in relevant state or federal case law. The court disagreed.

The case continued and eventually delayed for several months last year because of the pandemic. In June, both parties informed the court that a settlement had been reached. Consequently, the case was closed on July 20.

For more details on the case, click here. LL