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Walker v. United Parcel Serv., Inc.

Title VII sexual harassment claims improperly dismissed based on EEOC's oversight and failure to attach to the Notice of Right To Sue a certificate stating that agency could not process charge within 180 days of filing.

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The full case caption appears at the end of this opinion.

Tonya Walker (“Walker”) sued her employer United Parcel Service, Inc. (“UPS”), advancing federally-based claims under TitleVII of the Civil Rights Act of 1964 as amended (“Title VII,” 42 U.S.C. �2000e to 2000e-17) and the Family and MedicalLeave Act of 1993 (“FMLA,” 29 U.S.C. �2601-2654) and various tort claims under Oklahoma common law. [FOOTNOTE 2] Walker’sTitle VII claims were based on alleged sexual harassment and on retaliation for filing a claim with the Equal EmploymentOpportunity Commission (“EEOC”), while her FMLA claim was based on a suspension she received for excessiveabsenteeism and job abandonment while she was pregnant. As for her three state law claims, Walker voluntarily dismissed twoof them, and the third was dismissed via summary judgment. Walker does not appeal from that dismissal.

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