Federal Courts Have Jurisdiction to Review Title VII Administrative Attorney Fee Awards

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The Ninth Circuit has clarified that a Title VII claimant can file a civil suit in district court strictly concerning the amount of attorneys' fees awarded in the Title VII administrative proceeding. In other words, the claim need not involve the substantive liability ruling in order to grant the district court jurisdiction to review the fees awarded to the prevailing party.

In Porter v. Winter, 10 C.D.O.S. 5541 (June 5, 2010), a former civilian employee of the Navy complained to the Equal Employment Opportunity Commission (EEOC) of the Navy's gender discrimination against him. The EEOC found the Navy liable to Porter for retailiation but not for gender discrimination.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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