The Equal Employment Opportunity Commission is appealing an order requiring it to pay approximately $4.5 million of an employer’s attorneys’ fees and expenses.  The EEOC’s hostile work environment class-action claim on behalf of 67 females was dismissed at trial and the district court held the EEOC failed to conciliate and investigate claims of individual complainants prior to filing its suit.

On appeal to the Eighth Circuit the EEOC argued that any fault for its not identifying individual victims in its investigation was that of the employer.  According to the EEOC, the employer was aware that numerous female employees had complained about harassment, but did not supply the information to the EEOC during its investigation, making it impossible for the EEOC to identify victims.  

The employer’s core argument was that months prior to the EEOC’s complete dismissal for the failure to comply with investigative prerequisites, the district court granted summary judgment to the employer and against the agency on the EEOC’s pattern-or-practice claim.