Fifth Circuit Vacates Attorneys’ Fee Award in Discrimination Case

01/15/2013 // Dallas, Texas, United States // (press release)
The Fifth Circuit Court of Appeals recently affirmed a district court’s summary judgment ruling for an employer but reversed its grant of attorneys’ fees for the employer in a discrimination case. Autry v. Fort Bend Indep. Sch. Dist., No. 11-20639 (5th Cir. Jan. 7, 2013), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-20639-CV0.wpd.pdf.

The plaintiff sued his employer for race discrimination after his employer hired a Caucasian woman instead of promoting the plaintiff. After reviewing the evidence, the Court determined that the plaintiff had been unable to show that he was “clearly better qualified” than the person hired. The Court then determined that no competent evidence existed from which a reasonable juror could infer that the employer’s decision to hire the woman instead of promoting the plaintiff was motivated by impermissible racial considerations.

The Court then ruled that the district court abused its discretion in awarding the employer attorneys’ fees. A successful defendant can recover attorneys’ fees only if the plaintiff’s action was frivolous, unreasonable, or without foundation. The fact that a plaintiff does not ultimately prevail does not mean that his claim was unreasonable or without foundation. Here, the plaintiff’s claim was inadequate to withstand a motion for summary judgment, but it was not frivolous or unreasonable.

To speak to a Dallas, Texas business and employment law attorney, contact the Dallas business and employment lawyers of Rogge Dunn Group PC  at info@RoggeDunnGroup.com

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