EEOC Must Pay Employer $189,000 in Attorneys’ Fees

The EEOC got hammered for dawdling in its investigation and bringing a claim that prejudiced the employer because of the delay. The employee, a supervisor, said he got fired for complaining that only Hispanics received certain supervisory positions. He claimed discrimination based on his “American” national origin – somewhat of a reverse national origin discrimination claim. He went to the EEOC for help. Six and one-half years later, the EEOC filed suit. The district court granted the employer’s motion for summary judgment and awarded the employer just over $189,000 in attorneys’ fees – ouch!. The court found the EEOC acted unreasonably in pursuing litigation. On appeal the EEOC argued that the trial court abused its discretion by awarding fees. The appeals court disagreed. The EEOC has ninety days to ask the U.S. Supreme Court to accept the case for review. EEOC v. Propak Logistics, Inc., Case No. 13-1687 (2nd Cir., Mar. 25, 2014).

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