Evans v. Brooks, 11th Circuit August 2014
Opinion Summary: Plaintiff filed suit against her employer, alleging violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601; the Equal Pay Act, 29 U.S.C. 206; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; and the Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. 1161 et seq. Plaintiff’s claims stemmed from her employer’s denial of her request to take FMLA leave after the birth of her child. The court held that the district court correctly awarded summary judgment to the employer with respect to plaintiffs’ claims under Title VII and the Equal Pay Act, and did not abuse its discretion by assessing a statutory COBRA penalty against the employer; the district court erred by dismissing plaintiff’s FMLA claim and by refusing to consider her additional litigation-related expenses as part of an attorney’s fee award; and, therefore, the court affirmed in part, vacated in part, and remanded in part.
BOTTOM LINE:
Evans has every right to have her FMLA claim heard and a judgment issued based on the merits. Normally, I do not practice this type of law, but I decide to place this case in the blog due to the fact that more women need to be aware of these issues.
Whether or not a woman is entitled to FMLA and the process for taking advantage of the FMLA affects her family and affects the support she has for her children and herself. This is exceptionally important if she is a single mom.
