5th Circ. Bars Atty Fee Award For Mixed-Motive Retaliation

Law360, New York (April 4, 2013, 4:04 PM EDT) -- A former power plant worker is not entitled to an award of attorneys' fees and costs on a mixed-motive retaliation claim, the Fifth Circuit said Wednesday, finding the fee- and cost-shifting provision of Title VII applies only to mixed-motive discrimination claims.

The appeals court narrowly interpreted the scope of the provision in a case in which Anthony Carter requested fees and costs after a jury found his complaints of racial harassment had motivated Luminant Power Services Co.'s decision to discipline him but awarded him no damages...
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