SCOTUS agrees to decide if company sued by EEOC can collect attorney fees in tossed case
The U.S. Supreme Court has agreed to decide whether a trucking company sued for alleged discrimination by the Equal Employment Opportunity Commission can collect attorney fees for claims dismissed as a result of the agency’s “sue first, ask questions later” strategy.
The court granted certiorari on Friday, report the National Law Journal (sub. req.) and SCOTUSblog, which posted the cert petition (PDF).
The EEOC had sued the company, CRST Van Expedited, on behalf of 270 female drivers who claimed sexual harassment. A federal judge in 2010 dismissed most of the claims because the agency had failed to conduct any investigation or to attempt conciliation before filing suit. The judge also ordered the EEOC to pay the company more than $4.5 million in attorney fees as the prevailing party.
The St. Louis-based 8th U.S. Circuit Court of Appeals reversed the award, finding attorney fees could not be awarded to a defendant in a civil rights case absent a ruling on the merits.
The EEOC argues CRST Van Expedited isn’t entitled to attorney fees unless the EEOC suit is found to be frivolous, and that determination can’t be made unless there is a decision on the merits.
