United States Tenth Circuit

In a case in which the EEOC asserted claims of sex discrimination and retaliation under Title VII, judgment as a matter of law and an award of attorney's fees to defendant-car dealership are reversed in part and remanded for a new trial where: 1) a reasonable jury could find that a female employee was subjected to a hostile work environment on the basis of sex; and 2) the EEOC's claims related to the employee were clearly not frivolous, and thus, the award of attorney's fees was an abuse of discretion.

Appellate Information

• Decided 05/14/2007
• Published 05/15/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McWILLIAMS, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel Travis Vail, Attorney (Ronald S. Cooper, General Counsel, James L. Lee, Deputy General Counsel, Lorraine C. Davis, Assistant General Counsel, and Carolyn L. Wheeler, Acting Associate General Counsel, with him on the briefs), United States Equal Employment Opportunity Commission, Washington, DC, appearing for Plaintiff-Appellant.


• For Appellees:
  
• Linda G. Hemphill, Attorney (Stephanie A. Fuchs, Attorney, with her on the brief), Linda G. Hemphill, P.C., Santa Fe, New Mexico, appearing for Defendant-Appellee.