A Successful Claimant Before The EEOC Is Entitled To Attorneys Fees

The Ninth Circuit recently joined the Eight and Tenth Circuits, which are presently in conflict with the Fourth Circuit, when it determined in Porter v. Winter, that a Claimant who wins claims in an administrative proceeding conducted by the EEOC may sue in federal court regarding the amount of attorneys’ fees and costs awarded.

The Court found that the structure of Title VII and the plain language of its fee shifting provision requires that a successful claimant would be entitled to fees and costs even though the claim was adjudicated at the agency level. The Court noted that the statute creates an “integrated system of administrative and judicial remedies” to provide complete relief, including attorneys’ fees, to victims of employment discrimination.

The Supreme Court has held that the words of Title VII “leave little doubt that fee awards are authorized for legal work done in ‘proceedings’ other than court actions.” The Court then noted that Title VII “authorizes a civil suit in federal court….solely to obtain an award of attorney’s fees for legal work done in state and local proceedings.”

The Court found it irrelevant the Claimant was seeking only attorneys’ fees and costs and not substantive Title VII damages. In addition, the Court found that “the purpose of this integrated system of administrative and judicial remedies is to provide complete relief to victims of employment discrimination.” “Complete relief” includes an award of attorneys fees, the Court noted.

The Third Circuit, which covers Pennsylvania and New Jersey, has not yet ruled on this issue, but it is likely that the Third Circuit would follow the guidance of the Eighth, Ninth, and Tenth Circuits. This rationale also applies to claims that are adjudicated before State agencies, such as the Pennsylvania Human Relations Commission.

It is important to note that any settlements that are reached at the administrative level should include an agreement that the settlement amount includes any and all possible damages, specifically including attorney’s fees and costs.