I first wrote about this case a couple of years ago. See my prior post about EEOC v. CRST Van Expedited, Inc. It struck me as a good case, but the court parsed the evidence to make it seem like a weak case. Too, the court rejected the view that certain “lead” drivers could constitute managers. If those lead drivers were not managers, then the employer would not be liable for sexual harassment. In any event, the EEOC lost. In that appeal, the court of appeals did vacate the award of attorney’s fees. The higher court found that the employer did not prevail on any issue. A party must be a “prevailing” party to be entitled to attorney’s fees.
Well, the case apparently got worse for the EEOC, because the district court assessed $4.6 million in attorney’s fees, again. The EEOC did settle one case for one plaintiff for $50,000. But, what had