NT Lakis lawyers have filed a “friend of the court” brief with the U.S. Supreme Court in a significant case that raises the important issue of whether the Equal Employment Opportunity Commission (EEOC) should be held accountable when it brings a lawsuit under Title VII of the Civil Rights Act without meeting its pre-suit obligation to conciliate.

Our brief in CRST Van Expedited v. EEOC, joined by the National Federation of Independent Business (NFIB), urges the High Court to reverse a troubling ruling by the Eighth Circuit Court of Appeals that absolved the EEOC of any liability for the substantial attorney’s fees incurred by a company that was forced to defend against an EEOC lawsuit that was eventually thrown out because the agency failed to satisfy its pre-suit administrative responsibilities.

In reversing a federal trial court’s $4.5 million attorney’s fee award to the company, the Eighth Circuit concluded that Title VII authorizes attorney’s fees only in cases that are decided on the merits. Our brief contends that the Eighth Circuit got it wrong, not only because its decision conflicts with Title VII’s text and established precedent, but also because it is contrary to Title VII’s underlying policy aims and objectives.

We previously filed a brief in the lower court proceedings, and in support of CRST’s request to the Supreme Court to review the case. Copies of all three briefs are available here.