EEOC v. Federal Express Corp., 543 F.3d 531 (9th Cir. 2008)

Tyrone Merritt filed this putative class action on behalf of himself and similarly situated African American and Latino employees, alleging that FedEx’s Basic Skills Test had a statistically significant adverse impact on African American and Latino employees. After issuing a right-to-sue notice to Merritt at his counsel’s request, the EEOC issued an administrative…