Tonya Walker v. United Parcel Service Inc.

Tonya Walker ("Walker") sued her employer United Parcel Service, Inc. ("UPS"), advancing federally-based claims under Title VII of the Civil Rights Act of 1964 as amended ("Title VII," 42 U.S.C. §2000e to 2000e-17) and the Family and Medical Leave Act of 1993 ("FMLA," 29 U.S.C. §2601-2654) and various tort claims under Oklahoma common law.(1) Walker's Title VII claims were based on alleged sexual harassment and on retaliation for filing a claim with the Equal Employment Opportunity Commission ("EEOC"), while her FMLA claim was based on a suspension she received for excessive absenteeism and job abandonment while she was pregnant. As for her three state law claims, Walker voluntarily dismissed two of them, and the third was dismissed via summary judgment. Walker does not appeal from that dismissal. Walker does appeal from the district court's grant of summary judgment in favor of UPS on her federal claims. She asserts a number of grounds for reversal.

On Walker's FMLA claim, the district court granted summary judgment in favor of UPS after finding that Walker had no grounds for relief under the FMLA because (1) she lost no pay or benefits for the alleged violation of her FMLA rights, (2) the FMLA does not provide for nominal damages and (3) she was not entitled to any equitable relief. Walker contends that the district court erred in ruling that nominal damages are not recoverable under the FMLA.
Walker also ascribes two other errors to the district court. First, she complains of the denial of her request to add a claim for constructive discharge under Title VII as untimely, prejudicial and futile. Second, she disputes the district court's award of costs to UPS as the prevailing party.

As for her Title VII claim, the district court dismissed it without prejudice because EEOC--in violation of its own regulation ("the Regulation," 29 C.F.R. §1601.28(a)(2))--failed to attach a certificate to Walker's Notice of Right To Sue ("Notice" or "right-to-sue letter") stating that it would be unable to complete its administrative processing of her charge within 180 days of its filing. After Walker then obtained an affidavit from an EEOC enforcement manager stating that the failure to attach the certificate was an oversight, she filed what we treat as a timely Fed. R. Civ. P. ("Rule") 59(e) motion to alter or amend the judgment. Walker now appeals the denial of that motion as well.

We first hold that the district court erred in dismissing Walker's Title VII claim based on EEOC's oversight. In that respect we decline to adopt the District of Columbia Circuit's recent holding that the Regulation is invalid, siding instead with the Eleventh and Ninth Circuits in upholding the Regulation. As for the remaining bases for appeal, we agree with the district court that nominal damages are not available under the FMLA and therefore affirm the dismissal of that claim. We also hold that the district court did not abuse its discretion in denying Walker's request to supplement her complaint with a claim for constructive discharge.

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Affirmed in part, Reversed in part

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