Employment: Sexual Discrimination-Attorney Fee Award-Frivolous Claims

The EEOC filed numerous charges of sexual discrimination against defendant. The district court initially awarded defendant attorneys’ fees and costs, which were reversed by the court when it ruled that dismissal did not constitute a ruling on the merits. The court concluded that a favorable ruling on the merits was not necessary for a defendant to be a prevailing party; on remand, the district court against awarded defendant attorneys’ fees and costs, concluding that many of the claimants brought forth by the EEOC failed to use defendant’s reporting procedures, rendering their claims frivolous or groundless.

Where the district court made particularized findings of frivolousness as to each individual claim, it did not abuse its discretion to award defendant prevailing party fees or in its calculation of fees.

Judgment is affirmed.

Equal Employment Opportunity Commission v. CRST Van Expedited Inc. (MLW No. 74268/Case No. 18-1446 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (Susan Ruth Oxford of Washington, DC, for appellant; James L. Lee, of Washington DC, Jennifer S. Goldstein, of Washington DC, Anne Noel Occhialino, of Washington DC on brief) (John H. Mathias, Jr., of Chicago, IL for appellee, Kevin James Visser, of Cedar Rapids, IA., John H. Mathias, Jr., of Chicago, IL., Jessica Ring Amunson, of Washington, DC. On brief)