Tonya Walker v. United Parcel Service, Inc.

Tonya Walker sued her employer United Parcel Service, Inc., 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.

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.

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.

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The 10th Circuit Court of Appeals held that the district court erred in dismissing Walker's Title VII claim based on EEOC's oversight. In that respect it declined 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, the circuit court agreed with the district court that nominal damages are not available under the FMLA and therefore affirmed the dismissal of that claim. It also held that the district court did not abuse its discretion in denying Walker's request to supplement her complaint with a claim for constructive discharge.