The Tenth Circuit recently affirmed another fee sanction against the EEOC, and struck down the EEOC’s attempt to litigate questionable issues under the Americans With Disabilities Act in
EEOC v. TriCore Reference Laboratories, No. 11-CV-2096 (10th Cir. 2012). The Tenth Circuit affirmed the District Court’s grant of $140,571.62 in attorneys’ fees against the Commission. The Tenth Circuit also ordered the EEOC to pay additional attorneys’ fees for the Commission’s unfounded appeal.
Noting that the EEOC continued to litigate its claims after it became clear that there were no grounds upon which to proceed, the Tenth Circuit affirmed the District Court’s award of attorneys’ fees to TriCore. The Tenth Circuit reasoned that the EEOC ignored clear signs that it should have stopped pursuing its ADA claims. TriCore even sent a letter to the EEOC explaining why its claims were factually insufficient and notifying the EEOC that it would file a motion for summary judgment and would ask for attorney’s fees if the EEOC did not dismiss the lawsuit.
Other awards of defense fees in litigation with the EEOC include:
- EEOC v. Peoplemark, Inc., No. 08-CV-907 (W.D. Mich. Mar. 31, 2011), the Court awarded the employer $219,350.17 in attorneys’ fees for the EEOC’s questionable litigation tactics
- EEOC o/b/o Serrano, et al. v. Cintas Corp., No. 04-CV-40132, 2012 U.S. Dist. LEXIS 86228 (E.D. Mich. Aug. 4, 2011), the Court ordered the EEOC to pay over $2.6 million in fees and costs
- EEOC v. CRST Van Expedited, Inc., 257 F.R.D. 513 (N.D. Iowa 2012), rev’d and remanded, 679 F.3d (8th Cir. 2012), where the court entertained motions for $4.5 million in attorneys’ fees