Defense Fees Awarded In Another Failed EEOC Case

Employers sued by the EEOC under the ADA litigate with the threat of the full weigh of the government being brought to bear upon them.  But the tables were turned on the EEOC recently in a rare decision by the U.S. District Court for the District of New Mexico in EEOC v. Tricore Reference Laboratories (Case No. 09-CV-956 (D.N.Mex. April 27 2011), where Judge John Conway awarded attorneys' fees to the employer prevailing on summary judgment. The ruling follows on the heels of other fee sanction awards recently entered against the EEOC.

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