In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:

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The court ruled that the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy. Fed Ex needed to take affirmative steps to ensure the implementation of its ADA compliance policy, and simply having a policy in place was not enough to demonstrate a good faith effort to comply with the ADA. The court ruled that the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply with the ADA. The employer must take affirmative steps to ensure the implementation of its policy to demonstrate a good faith effort to comply with the ADA. Therefore, having an ADA compliance policy is not enough if the employer does not take any steps to implement it.

In EEOC V Fed Ex, the EEOC Sued Fed Ex