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Teresa R. Tracy Shares Opinion with Law360 on the High Court’s Ruling on EEOC Attorney’s Fees

Teresa R. Tracy was quoted in Law360‘s May 19 article, “Attorneys React to High Court’s EEOC Attys Fees Ruling.”  In The U.S. Supreme Court ruling in CRST Van Expedited Inc. v. Equal Employment Opportunity Commission, the court found a defendant doesn’t need to obtain a favorable judgment on the merits of a Title VII claim to be a prevailing party, but declined to decide if EEOC must pay $4.7 million in attorneys’ fees.

“The Court’s confirmation that a defendant does not have to win on the merits in order to be a prevailing party is an important step toward allowing employers facing the over-reaching approach taken by the EEOC in this case to recover attorneys’ fees,” Ms. Tracy said.

“It is disappointing that the Court avoided further clarification of the EEOC’s pre-suit obligations and provide guidance on the need to obtain a preclusive judgment in order for an employer to be prevailing party. The fact that it remanded the matter means these important issues will continue to be litigated, thus limiting the impact of the decision.”

Read the full article here (subscription required).

Ms. Tracy is a partner in the firm’s Labor and Employment practice.  She represents management in all areas of labor and employment law and litigation, including wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining.  She also provides preventive services, including comprehensive counseling and training.

The article including Ms. Tracy’s quote was published in Law360‘s Employment section sent to 100,000 daily recipients.  Half of the recipients are corporate counsel.