christiansburg
garment
eeoc
argued
decided
january
two
years
racial
discrimination
charge
title
vii
civil
rights
act
filed
petitioner
company
respondent
equal
employment
opportunity
commission
eeoc
notified
complainant
conciliation
efforts
failed
right
sue
company
almost
two
years
later
amendments
title
vii
authorized
eeoc
sue
name
charges
pending
eeoc
effective
date
amendments
eeoc
sued
petitioner
complainant
charge
district
granted
petitioner
motion
summary
judgment
ground
charge
pending
time
amendments
company
petitioned
allowance
attorney
fees
eeoc
pursuant
title
vii
authorizes
district
discretion
allow
prevailing
party
reasonable
attorney
fee
finding
eeoc
action
bringing
suit
unreasonable
meritless
statutory
interpretation
frivolous
district
ruled
award
petitioner
attorney
fees
justified
appeals
affirmed
held
although
prevailing
plaintiff
title
vii
proceeding
ordinarily
awarded
attorney
fees
district
special
circumstances
prevailing
defendant
awarded
fees
exercise
discretion
found
plaintiff
action
frivolous
unreasonable
without
foundation
pp
least
two
strong
equitable
considerations
favoring
attorney
fee
award
prevailing
title
vii
plaintiff
wholly
absent
case
title
vii
defendant
plaintiff
congress
chosen
instrument
vindicate
policy
congress
considered
highest
priority
newman
piggie
park
enterprises
district
awards
counsel
fees
prevailing
plaintiff
awarding
violator
federal
law
pp
statutory
provision
necessary
award
attorney
fees
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defendant
based
plaintiff
bad
faith
bringing
action
even
american
rule
ordinarily
allow
attorney
fees
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party
fees
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party
proceeded
bad
faith
district
properly
applied
foregoing
standards
abuse
discretion
concluding
award
petitioner
attorney
fees
justified
pp
stewart
delivered
opinion
members
joined
except
blackmun
took
part
consideration
decision
case
william
sturges
argued
cause
petitioner
brief
william
poff
thomas
martin
argued
cause
respondent
brief
solicitor
general
mccree
deputy
solicitor
general
wallace
abner
sibal
joseph
eddins
beatrice
rosenberg
justice
stewart
delivered
opinion
section
title
vii
civil
rights
act
provides
action
proceeding
title
discretion
may
allow
prevailing
party
reasonable
attorney
fee
two
years
rosa
helm
filed
title
vii
charge
racial
discrimination
petitioner
christiansburg
garment
company
equal
employment
opportunity
commission
notified
conciliation
efforts
failed
right
sue
company
federal
almost
two
years
later
congress
enacted
amendments
title
vii
section
amendments
authorized
commission
sue
name
prosecute
charges
pending
commission
effective
date
amendments
proceeding
section
commission
sued
company
alleging
engaged
unlawful
employment
practices
violation
amended
act
company
moved
summary
judgment
ground
inter
alia
rosa
helm
charge
pending
commission
amendments
took
effect
district
agreed
granted
summary
judgment
favor
company
supp
wd
va
company
petitioned
allowance
attorney
fees
commission
pursuant
title
vii
finding
commission
action
bringing
suit
characterized
unreasonable
meritless
district
concluded
award
attorney
fees
petitioner
justified
case
divided
appeals
affirmed
granted
certiorari
consider
important
question
federal
law
ii
general
rule
absence
legislation
providing
otherwise
litigants
must
pay
attorney
fees
alyeska
pipeline
wilderness
society
congress
provided
limited
exceptions
rule
selected
statutes
granting
protecting
various
federal
rights
statutes
make
fee
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mandatory
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plaintiffs
others
make
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permissive
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parties
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plaintiffs
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statutes
flexible
authorizing
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attorney
fees
either
plaintiffs
defendants
entrusting
effectuation
statutory
policy
discretion
district
courts
section
title
vii
civil
rights
act
falls
last
category
providing
district
may
discretion
allow
attorney
fee
prevailing
party
newman
piggie
park
enterprises
considered
substantially
identical
statute
authorizing
award
attorney
fees
title
ii
civil
rights
act
case
plaintiffs
prevailed
appeals
held
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attorney
fees
extent
respondents
defenses
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purposes
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faith
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subjective
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ii
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primarily
intent
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cast
title
ii
plaintiff
role
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attorney
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policy
congress
considered
highest
priority
held
prevailing
plaintiff
title
ii
ordinarily
recover
attorney
fee
unless
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circumstances
render
award
unjust
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passing
objective
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permit
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fees
defendants
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faith
new
statutory
provision
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since
even
american
rule
allows
award
attorney
fees
exceptional
circumstances
albemarle
paper
moody
made
clear
piggie
park
standard
awarding
attorney
fees
successful
plaintiff
equally
applicable
action
title
vii
civil
rights
act
see
also
northcross
memphis
board
education
thus
taken
established
parties
case
acknowledge
title
vii
prevailing
plaintiff
ordinarily
awarded
attorney
fees
special
circumstances
iii
question
case
us
standard
inform
district
discretion
deciding
whether
award
attorney
fees
successful
defendant
title
vii
action
surprisingly
parties
addressing
question
briefs
oral
arguments
taken
almost
diametrically
opposite
positions
company
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piggie
park
criterion
successful
plaintiff
apply
equally
guide
award
attorney
fees
successful
defendant
submission
short
every
prevailing
defendant
title
vii
action
receive
allowance
attorney
fees
unless
special
circumstances
render
award
unjust
respondent
commission
contrast
argues
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defendant
receive
award
attorney
fees
found
plaintiff
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faith
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plain
meaning
statute
company
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interpretation
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defendant
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attorney
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basis
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plaintiff
permissive
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language
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even
invite
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alone
require
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provide
indication
whatever
circumstances
either
plaintiff
defendant
entitled
attorney
fees
moment
reflection
reveals
least
two
strong
equitable
considerations
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attorney
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award
prevailing
title
vii
plaintiff
wholly
absent
case
prevailing
title
vii
defendant
first
emphasized
forcefully
piggie
park
plaintiff
chosen
instrument
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vindicate
policy
congress
considered
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priority
second
district
awards
counsel
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plaintiff
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violator
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law
appeals
clearly
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defendant
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company
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seems
clear
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congress
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permit
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plaintiff
motivated
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faith
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action
pointed
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park
intent
congress
statutory
provision
necessary
long
established
even
american
rule
attorney
fees
may
awarded
party
proceeded
bad
faith
furthermore
certainly
policy
congress
title
vii
plaintiffs
vindicate
policy
congress
considered
highest
priority
piggie
park
equally
certain
congress
entrusted
ultimate
effectuation
policy
adversary
judicial
process
occidental
life
ins
eeoc
fair
adversary
process
presupposes
vigorous
prosecution
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defense
lightly
assumed
enacting
congress
intended
distort
process
giving
private
plaintiff
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incentives
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foreclosing
defendant
possibility
recovering
expenses
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even
groundless
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unless
show
brought
bad
faith
sparse
legislative
history
reveals
little
barest
outlines
proper
accommodation
competing
considerations
discussed
specific
reference
legislative
debates
indicates
fee
provision
included
make
easier
plaintiff
limited
means
bring
meritorious
suit
senate
floor
discussions
almost
identical
attorney
fee
provision
title
ii
however
several
senators
explained
allowance
awards
defendants
serve
deter
bringing
lawsuits
without
foundation
discourage
frivolous
suits
diminish
likelihood
unjustified
suits
brought
anything
gleaned
fragments
legislative
history
congress
wanted
clear
way
suits
brought
act
also
wanted
protect
defendants
burdensome
litigation
legal
factual
basis
appeals
district
columbia
circuit
seems
drawn
maximum
significance
senate
debates
concluded
debates
two
purposes
emerge
first
congress
desired
make
easier
plaintiff
limited
means
bring
meritorious
suit
second
equally
important
congress
intended
deter
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lawsuits
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plaintiff
defendant
obtain
legal
fees
grubbs
butz
app
extent
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words
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concept
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adopted
two
courts
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term
meritless
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meaning
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simply
plaintiff
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case
term
vexatious
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subjective
bad
faith
necessary
prerequisite
fee
award
sum
district
may
discretion
award
attorney
fees
prevailing
defendant
title
vii
case
upon
finding
plaintiff
action
frivolous
unreasonable
without
foundation
even
though
brought
subjective
bad
faith
applying
criteria
important
district
resist
understandable
temptation
engage
post
hoc
reasoning
concluding
plaintiff
ultimately
prevail
action
must
unreasonable
without
foundation
kind
hindsight
logic
discourage
airtight
claims
seldom
prospective
plaintiff
sure
ultimate
success
matter
honest
one
belief
victim
discrimination
matter
meritorious
one
claim
may
appear
outset
course
litigation
rarely
predictable
decisive
facts
may
emerge
discovery
trial
law
may
change
clarify
midst
litigation
even
law
facts
appear
questionable
unfavorable
outset
party
may
entirely
reasonable
ground
bringing
suit
allows
fee
awards
prevailing
private
plaintiffs
assure
statutory
provision
operate
incentive
bringing
claims
little
chance
success
take
step
assessing
attorney
fees
plaintiffs
simply
finally
prevail
substantially
add
risks
inhering
litigation
undercut
efforts
congress
promote
vigorous
enforcement
provisions
title
vii
hence
plaintiff
assessed
opponent
attorney
fees
unless
finds
claim
frivolous
unreasonable
groundless
plaintiff
continued
litigate
clearly
became
needless
say
plaintiff
found
brought
continued
claim
bad
faith
even
stronger
basis
charging
attorney
fees
incurred
defense
iv
denying
attorney
fees
company
case
district
focused
standards
discussed
found
commission
action
bringing
suit
characterized
unreasonable
meritless
basis
upon
petitioner
prevailed
issue
first
impression
requiring
judicial
resolution
commission
statutory
interpretation
amendments
frivolous
thus
exercised
discretion
squarely
within
permissible
bounds
accordingly
judgment
appeals
upholding
decision
district
affirmed
ordered
robert
hickey
brockwel
heylin
stephen
bokat
stanley
kaleczyc
lawrence
kraus
filed
brief
national
chamber
litigation
center
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
charles
bane
thomas
barr
armand
derfner
norman
redlich
robert
murphy
richard
seymour
william
caldwell
lawyers
committee
civil
rights
law
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
melvyn
leventhal
eric
schnapper
naacp
legal
defense
educational
fund
robert
williams
douglas
mcdowell
kenneth
mcguiness
filed
brief
equal
employment
advisory
council
amicus
curiae
footnotes
equal
employment
opportunity
act
pub
stat
commission
argued
charges
private
suit
brought
effective
date
amendments
remained
pending
commission
long
complaint
dismissed
dispute
resolved
conciliation
commission
supported
construction
reference
legislative
history
amendments
district
concluded
rosa
helm
notified
conciliation
failed
right
sue
company
commission
action
legally
open
authority
case
terminated
date
section
reference
pending
cases
held
limited
charges
still
process
negotiation
conciliation
effective
date
amendments
district
rejected
merits
two
additional
grounds
advanced
company
support
motion
summary
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dealing
motion
attorney
fees
reported
fep
cases
see
clayton
act
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standards
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merchant
marine
act
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privacy
act
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ed
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housing
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trust
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act
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water
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pursuant
subchapter
discretion
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private
person
propriety
american
rule
awarding
attorney
fees
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party
acted
bad
faith
expressly
reaffirmed
alyeska
pipeline
wilderness
society
chastang
flynn
emrich
finding
special
circumstances
justifying
award
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carrion
yeshiva
johnson
georgia
highway
express
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southwestern
bell
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briefs
amici
also
filed
support
party
view
taken
judge
widener
dissenting
appeals
least
two
federal
courts
expressed
view
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bailey
industries
see
supra
congress
provided
attorney
fee
awards
successful
plaintiffs
argument
made
congressional
action
rule
therefore
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recover
attorney
fees
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faith
cf
byram
concretanks
warren
concrete
products
new
jersey
indication
whatever
purpose
congress
enacting
form
simply
foreclose
argument
remarks
senator
humphrey
cong
rec
remarks
senator
lausche
remarks
senator
pastore
remarks
senator
humphrey
least
three
circuits
general
agreement
see
bolton
murray
envelope
grubbs
butz
app
wright
stone
container
see
remarks
senator
miller
cong
rec
reference
parallel
attorney
fee
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title
ii
initially
commission
argued
costs
assessable
government
include
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steel
van
hoomissen
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courts
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governing
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awards
private
plaintiffs
one
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stresses
commission
unlike
private
litigants
needs
inducement
enforce
title
vii
since
required
statute
distinction
commission
private
plaintiffs
merely
explains
congress
drafted
preclude
recovery
attorney
fees
commission
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difference
treatment
among
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government
greater
ability
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steel
supra
heinsz
attorney
fees
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title
vii
defendants
toward
workable
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toledo
rev
comment
title
vii
civil
rights
act
standards
award
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fees
prevailing
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informed
however
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litigation
budget
every
attorney
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inevitably
divert
resources
agency
enforcement
title
vii
see
comp
comp
side
coin
fact
many
defendants
title
vii
claims
employers
expense
defending
even
frivolous
claim
may
become
strong
disincentive
exercise
legal
rights
short
equitable
considerations
sides
question
yet
explicitly
provides
commission
shall
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hence
although
district
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different
general
standard
whenever
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