Tuesday, March 29, 2016

Supreme Court Skeptical of EEOC's Attempt to Avoid Sanctions

The EEOC has appealed an order that would require it to pay about $4.7 million in sanctions to a trucking company that the EEOC had sued for an alleged "pattern or practice" of sex bias.  The district court dismissed 67 claims and found that the case was "frivolous, unreasonable or groundless."  The fee award continued on appeal and the EEOC actually won a reversal before the Eighth Circuit Court of Appeals and the matter was appealed to the Supreme Court.

However, the EEOC did not follow the reasoning at the court of appeals level in arguing before the Supreme Court.  Instead, the EEOC claimed that there was no "prevailing party" that would allow fees to be awarded to the trucking company.

During oral argument, the Supreme Court seemed unimpressed with the EEOC's arguments.  Two liberal justices appeared to disagree with the EEOC.  Given the current vacancy on the Supreme Court, it will be interesting to see the final decision.


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