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Congratulations, you beat the EEOC! Just don’t expect to recover attorneys’ fees

by on
in Leaders & Managers,Performance Reviews

It’s one of the sad realities of today’s litigious world: Even when you win a lawsuit, you’re seldom able to recoup all your legal fees unless you win big.

That’s true even if your opponent is the EEOC and it’s clear it didn’t have much of a case to begin with.

Recent case: The EEOC sued Ceridian Corp. after the company terminated James Shelton for alleged performance problems. Before the EEOC filed the lawsuit, Ceridian provided the agency with a long list of documents, including past performance evaluations and records showing how it treated other employees with similar jobs who didn’t belong to Shelton’s protected class.

After pretrial discovery proceedings, the company asked the court to dismiss the case. The EEOC decided to withdraw the case voluntarily.

The company then asked the court to order the EEOC to pay its legal fees. It argued that the EEOC knew as soon as it got company documents that there had been no discrimination.

The court rejected the request. It said that, because the EEOC’s lawsuit wasn’t frivolous, unreasonable or groundless, each party had to pay its own costs. (EEOC v. Ceridian, No. 07-4086, DC MN, 2009)

Final note:
When the EEOC seems to be heading toward litigation, have a talk with your attorneys about negotiating a settlement. It may well be more practical and less expensive to settle early on than to fight to the end with no assurance that you will recoup any of the litigation costs. 

{ 3 comments… read them below or add one }

Ricardo Jones December 12, 2011 at 9:48 am

We will not support the president (obama) on anything until he addresses Civil Rights for Black People and reforms same. We want the resignation of Jacqueline Berrien EEOC chair immediately or he will hear from US Black People at the election. NO more passes for the president because he looks Black and has a Black wife and daughters. We will march, call for a government work slow-down, boycott corporation/companies, businesses and the government. Civil disobedience if necessary. This is a promisse

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Ricardo Jones November 23, 2011 at 7:00 am

I Ricardo E. Jones Sr, former Senior Federal Investigator of EEOC-NYDO from 4/9/01 to 4/1/10 have direct and indirect knowledge of Federal Investigators, Federal Trial attorneys and managers of the EEOC who have taken money/gifts and/or positions with law firms to fix and throw investigation for personal gain or on orders from Comissioners of the EEOC (Vice Chair Leslie Silverman,Esq). Neomi Earp-campbell while Acting Chair of the EEOC had cases fixed for friends at law firms. This information was given to me by Federal Investigator Sean Oliveria formerly of the EEOC-NYDO. Former Vice Chair Leslie Silverman Esq, fixed decisions for her present employer Proskauer Rose law firm while she was a commissioner at the EEOC. This information was given to my by Nancy Boyd then Deputy Director of the EEOC-NYDO and Nora Curtin Trial attorney/former regional attorney miami-EEOC. Ms. Silverman was a former staff member of the senate sub-committee that over-saw the EEOC. She currently is using her contacts to fix complaints and issues at the EEOC of Proskauer Rose law firm Washington DC. Assistant General Counsel for the EEOC James Lee is a sexual preditor who has sexually harassed many females at the EEOC over his tenure. This information was given to me by Lois Bramble legal clerk at the EEOC-NYDO. Luis Graziano Trial Attorney at EEOC-NYDO has taken money to fix decisions and conciliation at the EEOC. He’s a close friend of Assistant General Counsel James Lee of EEOC-Hq’s and is also on the take with Graziano. Nancy Boyd fixed decisions for Leslie Silverman at the EEOC. Nancy Boyd is also a close friend of and ex-subordenate of Enforcement Manager Electra Yourke of EEOC-NYDO who worked for Elleanor Holmes-Norton former head of EEOC and NY City Commission of human rights. Ms. Yourke is a racist bigot known by all in NYC and Washington DC. This information was given to me by Ricardo Cuevas Esq and admin judge at the EEOC-NYDO. Clyde Lo-chin Mediator EEOC-Tampa FL, received a bribe from Paul Salvator Esq for Proskauer Rose law firm representing Ralph Loren Polo and now working with former EEOC vice chair Leslie Silverman in Washington DC. This information was given to me by my friend Clyde Lo-cin Mediator at Tampa FL EEOC.
This information is just the tip of the iceberg. The above information was in my sealed law suit. Please google Ricardo Jones EEOC to read more on the above.

Ricardo Jones Sr, Former Senior Federal Investigator for the EEOC-NYDO cell 917-803-0583

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Ricardo Jones November 23, 2011 at 6:57 am

Dear Friends,

The gestation period for this particular blog has taken far too long, it is inspired by the most banal, and for the uninitiated, most questionable of all motives – personal outrage. Organizations become dinosaurs overnight because they fail to listen to the groundswell of an underground movement that has become organized and loud in the varying complaints of a system that perpetuates corruption. The internal corruption within the EEOC has been well documented and demonstrated.

There are drastic consequences of placing far too much power and authority in the hands of the EEOC when they cannot administer justice responsibly. The American justice system has witnessed the horrifying retreat of facts turned into fantasy. The EEOC has run amok in both Congress and the courts wielding unchecked power and influence. The system is propelled by powerful propaganda, virtually impregnated arrogance, and greed: reason gone mad, zero accountability; and money carries the day. The EEOC is a farce, it perpetuates horrific injustices.

Well meaning people tell us that “time heals all.” It is a lie, especially when the wound is constantly ripped open by the intentional acts of others in a conscious attempt to hide the truth. Congress needs to step in for there to be any effective changes.

Respectfully submitted,

Honorable Mary Elizabeth Bullock (Retired)

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