Howard v. Fed. Express Corp.

316 F. Supp. 3d 234
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 25, 2018
DocketCase No. 16–cv–02514 (APM)
StatusPublished
Cited by2 cases

This text of 316 F. Supp. 3d 234 (Howard v. Fed. Express Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. Fed. Express Corp., 316 F. Supp. 3d 234 (D.C. Cir. 2018).

Opinion

Amit P. Mehta, United States District Judge *238I. INTRODUCTION

Alfred Howard Jr. and Hikiem Cain are African-American males who were employed as full-time couriers by Federal Express Corporation ("FedEx") prior to their terminations in December 2015 and June 2016, respectively. According to Defendants FedEx and John O'Reilly, their former supervisor, Plaintiffs were terminated for failing to follow internal policies regarding loss of packages while in transit. In December 2016, Plaintiffs filed a complaint against FedEx alleging, among other things, employment discrimination on the basis of race in violation of 42 U.S.C. § 1981 and defamation. Plaintiffs subsequently amended their complaint to name O'Reilly as a defendant. Following the court's ruling on Defendants' motions to dismiss Plaintiffs' complaint, Plaintiffs' remaining claims are employment discrimination under § 1981 as to both Defendants and defamation as to FedEx only.1

Before the court are Defendants' Motions for Summary Judgment as to these claims. For the reasons stated below, the court grants Defendants' Motions for Summary Judgment.

II. BACKGROUND

A. Factual Background

1. Howard's Employment and Termination

Alfred Howard was employed by FedEx as a courier from October 27, 1997, to December 23, 2015. Pls.' Errata, ECF No. 23, Ex. 1, ECF No. 23-1 [hereinafter Am. Compl.], ¶ 5. In September 2015, Howard was issued a warning letter by one of his managers, admonishing him for losing packages while on his route, failing to report a defective door on his truck, and improperly scanning packages. Defs.' Mot. for Summ. J. as to All Claims Filed by Howard, ECF No. 34 [hereinafter Defs.' Mot. as to Howard] Ex. B, ECF No. 34-4 [hereinafter Howard Depo.], at 51, 164-65.2 The letter cited a violation of section 2-5 of the FedEx Employee Handbook, specifically the Acceptable Conduct Policy, which outlines various company policies regarding how employees are expected to conduct themselves at FedEx. Id. at 131-32, 164-65. The Acceptable Conduct Policy enumerates behavioral violations that may result in disciplinary action or termination for an employee, including "[c]ustodial loss of Company or customer property." Id. at 132. The warning letter further stated that "[a] repeat of this or any other behavioral problem may result in more severe disciplinary action up to and including termination." Id. at 164. Howard did not appeal or contest the warning letter when he received it. Id. at 53.

Less than three months later, on December 2, 2015, more packages went missing on Howard's route. Id. at 166-67. On *239this occasion, the packages contained three HP laptops totaling $1800. Id. at 166. Following an investigation, FedEx determined that Howard had violated section 2-5 of the Acceptable Conduct Policy, and sent Howard a letter of termination. Id. at 166-67. The management rationale for Howard's termination stated that Howard was fired for "loss of custodial control of the three HP laptops valued at a total of $1800." Id. at 174. Howard appealed his termination through FedEx's internal appeals process-the Guaranteed Fair Treatment Procedure ("GFTP")-and his termination was upheld at all three steps of the GFTP process. Id. at 94. No one at FedEx ever explicitly accused Howard of stealing the packages. Id. at 58-59. Following Howard's termination, Hikiem Cain took over Howard's old route. Id. at 78-79.

2. Cain's Employment and Termination

Hikiem Cain was employed by FedEx as a courier from November 20, 2008, to June 24, 2016. Am. Compl. ¶ 6. During his employment, Cain was reprimanded for forgetting to scan packages after delivering them on four separate occasions: on December 15 and 22, 2015; March 8, 2016; and April 29, 2016. See Defs.' Mot. for Summ. J. as to All Claims Filed by Cain, ECF No. 35 [hereinafter Defs.' Mot. as to Cain], Ex. B, ECF No. 35-4 [hereinafter Cain Depo.], at 43-45, 49-53.3 Cain was also reprimanded on January 11, 2016, for delivering five priority packages late and failing to report it to management. Id. at 46-48. Cain also had numerous infractions on his company record for failing to clock in or out and for break violations.

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316 F. Supp. 3d 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-fed-express-corp-cadc-2018.