Tenth Circuit Rejects Another EEOC Lawsuit And Affirms $140,571.62 In Attorneys' Fees For The EEOC's "Frivolous" Lawsuit

This past week the Tenth Circuit affirmed another fee sanction against the EEOC, and struck down the EEOC’s attempt to litigate questionable (at best) issues under the Americans With Disabilities Act in EEOC v. TriCore Reference Laboratories, No. 11-CV-2096 (10th Cir. 2012). The Tenth Circuit affirmed the U.S. District Court for the District of New Mexico’s grant of summary judgment to the employer, TriCore, and dismissed the EEOC’s lawsuit. The three-judge panel also affirmed the District Court’s grant of $140,571.62 in attorneys’ fees against the Commission. Perhaps most significant, the Tenth Circuit ordered the EEOC to pay additional attorneys’ fees for the Commission’s unfounded appeal.

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