Perspective
Sep. 12, 2009
An Uneven Playing Field
Prevailing plaintiffs should ordinarily recover attorney fees, but the opposite presumption applies to prevailing employers, writes D. Gregory Valenza.
The Fair Employment and Housing Act includes a simple provision awarding attorney fees: "In actions brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorney's fees and costs, including expert witness fees." Government Code Section 12965(b). The statute's text does not distinguish between employees and employers. The courts, however, do not treat employers' a...
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