Tondalaya Evans v. Books-A-Million
762 F.3d 1288
11th Cir.2014Background
- Evans worked at Books-A-Million for 10 years, most recently as Payroll and Insurance Manager; she earned $54,500 plus an annual bonus opportunity.
- Evans informed her supervisor in January 2006 that she was pregnant; supervisors insisted she continue working on a critical ADP payroll implementation and provided a laptop to work from home after delivery.
- After giving birth on Aug. 30, 2006, Evans worked from home nearly full-time from Sept. 1 to Oct. 31, 2006, and attended in‑office meetings; she was paid her full salary during that period.
- Upon returning to the office, Evans was reassigned (later formalized) from payroll duties to a new Risk Manager role she did not want; she refused the reassignment and was terminated on March 27, 2007; she also did not receive a COBRA notice for dental coverage post‑termination.
- In district court Books-A-Million won summary judgment on Evans’ Title VII, Equal Pay Act, and (initially) FMLA claims; after a bench trial the court found an intentional COBRA violation, assessed a $75/day statutory penalty, and awarded fees (some claimed litigation expenses were disallowed).
- On appeal the Eleventh Circuit affirmed summary judgment as to Title VII and the Equal Pay Act, affirmed the COBRA liability and penalty, but vacated summary judgment on the FMLA claim and remanded the fee‑expense issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court abused discretion in striking portions of Evans’ affidavit | Stricken statements were factual and relevant to discrimination/pay claims | Statements were conclusory/speculative and lacked supporting facts | Affirmed: striking proper as statements were conclusory |
| Whether Books‑A‑Million interfered with Evans’ FMLA rights and whether she suffered prejudice | Employer coerced Evans to work during FMLA leave and later reassigned/terminated her based on that work, causing harm remediable by equitable relief | Evans suffered no legal damages (was paid) so FMLA claim fails | Reversed: summary judgment vacated — court must consider equitable relief and unresolved factual issues about prejudice |
| Whether Evans established Title VII discrimination/retaliation and Equal Pay Act claims | Reassignment, termination, and withheld bonus were discriminatory/retaliatory; males paid more for similar work | No suitable male comparators; bonus withholding had legitimate timing explanation | Affirmed: plaintiff failed to make prima facie Title VII or EPA cases |
| Whether litigation expenses not taxable under §1920 may be recovered as attorneys’ fees under ERISA §1132(g)(1) | Mediation, research, postage, travel are reasonable litigation expenses and recoverable as fees | Such items are not taxable costs under §1920 and should be disallowed | Vacated/remanded: such expenses may be recoverable if prevailing billing practice and reasonable; district court must evaluate reasonableness and local practice |
Key Cases Cited
- Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir. 2004) (summary judgment standard — draw inferences for non‑movant)
- Fisher v. State Mut. Ins. Co., 290 F.3d 1256 (11th Cir. 2002) (de novo review of summary judgment)
- Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (Sup. Ct. 2002) (FMLA plaintiff must show prejudice from violation)
- Jenkins v. Missouri, 491 U.S. 274 (Sup. Ct. 1989) (fee awards may include certain litigation‑related costs)
- Barnes v. A.C.L.U. of Ga., 168 F.3d 423 (11th Cir. 1999) (§1988 standard permits reasonable litigation expenses as part of attorneys’ fees)
- Holifield v. Reno, 115 F.3d 1555 (11th Cir. 1997) (similarly situated comparator requirement for Title VII)