EEOC Required to Pay Employer Almost $2 Million in Legal Fees

In September, a federal judge ruled that the Equal Employment Opportunity Commission ("EEOC") must pay an employer almost $2 million in legal fees for pursing class sexual harassment claims against a company that it knew or should have known were frivolous.  EEOC v. SRST Van Expedited, Inc., No. 07-CV-95 (N.D. Iowa, 9/22/17).  The EEOC had claimed that the company had engaged in the pattern or practice of discrimination against female truck drivers and trainees who were sexually harassed.  The judge making the award rejected the EEOC’s argument that claims against the employer did not have the sufficient "preclusive" effect on potential future legal action by the agency against the company for it to be deemed the prevailing party under Title VII.  However, the judge did reduce a previous award from approximately $4.5 million because not all of the EEOC claims were deemed frivolous.