Supreme Court rules defendants need not win ‘on the merits’ to receive attorney’s fees under Title VII News
Supreme Court rules defendants need not win ‘on the merits’ to receive attorney’s fees under Title VII

The US Supreme Court [official website] ruled [opinion, PDF] unanimously Thursday in CRST Van Expedited, Inc v. EEOC [SCOTUSblog materials that Section 706 of Title VII of the Civil Rights Act of 1964 [text] does not require a favorable ruling on the merits for defendant as a prevailing party for the purposes of awarding attorney’s fees. In an 8-0 opinion by Justice Anthony Kennedy, the court vacated the Eighth Circuits’ judgment against attorney’s fees and remanded the decision on three other matters. In his opinion, Kennedy determined [SCOTUSblog analysis] that the Eighth Circuit’s “on the merits” requirement was unnecessary as it was not common sense when plaintiff and defendant have different objectives. In this matter, he stated that a defendant may get what it whats and “prevail even if the court’s final judgement rejects the plaintiffs claim for a non-meritorious reason.” Second, Kennedy found that there was a lack of any indication that Congress intended an “on the merits” requirement and that such a requirement would lead to further litigation and frivolous lawsuits. Justice Clarence Thomas filed a concurring opinion.

The court heard oral arguments [JURIST report] in March. The suit arose from the dismissal of a class-wide Title VII claim that had alleged CRST had allowed female truck drivers to be sexually harassed. CRST claimed that they were entitled to attorneys fees under Section 2003-5(k) [text] of Title VII of the Civil Rights Act of 1964 which provides that a court “in its discretion, may allow the prevailing party, other than the Commission of the United States, a reasonable attorney’s fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.