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Home Winning EEOC claims Award Reduction

Samples of expenses to report

civilrightsfed by civilrightsfed
February 2, 2020
in Award Reduction, Damages, Evidence Of Record, Expense Report, expenses, Hospital Bill, Medical Evidence, Medical Expenses, Saving Medical Bills, Saving Reciepts, Substantial Evidence, Winning EEOC claims
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With respect to costs, although the only recoverable costs cited

in the regulations are for reporting fees, expert witnesses, and

copying, the Commission has held that recoverable costs may include

reasonable out-of-pocket expenses incurred during the normal course of

representation. See Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), at 11-4 (November 9, 1999).  Recoverable

expenditures include costs associated with clerical work, postage, and

telephone calls, as well as travel expenses, including air fare, hotel

accommodations, meals, and car rental.  To be reimbursed for incurred

costs, the fee applicant must submit adequate documentation in support

of the expenses incurred, e.g., copies of telephone bills or receipts.

The agency denied complainant’s request for costs in the amount of

the $19,225, finding that her attorney failed to present adequate

documentation in support of the expenses incurred.  Complainant’s attorney

asserts that the costs, such as postage, shipping, internal photocopies,

on-line subscriptions legal research, and long distance phone calls

and faxes, are internal costs and invoices are thus unavailable.

He further explains that he maintained a record of costs by means of

client billing meters and timers, which are read monthly and billed to

the client’s account.

The Commission recognizes that receipts for costs, such as postage,

shipping, internal photocopies, and on-line subscriptions legal research,

may not always be available where a law firm utilizes billing meters and

timers.  In such a case, however, a verified statement of costs should

include: a list of services rendered itemized by date, detailed summary

of the task, rate, and, where practicable, the name of the individual

performing the task.  See EEO MD-110, at 11-9.  Furthermore, with respect

to long distance phone calls and faxes, we find that, since such charges

are memorialized in a monthly telephone bill, a complainant’s attorney

should be prepared to produce said bill when seeking reimbursement for

such costs.

In the present case, invoices were sent to the agency on a regular basis

with the breakdown of costs by category alone.  This breakdown, however,

failed to provide any itemization of costs by date or rate, and while

the invoice included categories, no summary regarding the substance of

the task, e.g., 2 copies of January 2003 invoice (6 pages each), was

included.  Moreover, the invoices submitted contained differing totals

for costs claimed.  For example, on July 16, 2003, complainant’s attorney

submitted a bill listing, among other things, $1,706 in “photocopy” costs

for March 2003.  However, on August 21, 2003, he submitted a second bill

for March 2003 costs, which itemized $1,165.85 for “copies.”  Due to the

failure of complainant’s attorney to create a verified statement of costs

in compliance with EEO MD-110, as well as the billing discrepancies in

claims for costs as described in the example above, the Commission finds

that the agency properly denied the $19,225 claimed in costs.

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