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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Brandau v. State of Kansas, 168 F.3d 1179 (10th Cir. February 16, 1999)

Keywords: Title VII (attorney's fees, prevailing party, degree of success)

Introduction: Ann Brandau sued the State under Title VII for hostile work environment sexual harassment, retaliation and constructive discharge. Brandau prevailed on the sexual harassment claim and was awarded $1. The district court awarded $41,598.13 in attorney's fees. The Tenth Circuit affirms.

Facts: There are no additional facts relevant to this case summary.

Law:

1. An award of attorney's fees is reviewed for an abuse of discretion.
2. The Tenth Circuit follows a three-part analysis set forth in Farrar v. Hobby, 506 U.S. 103 (1992) by Justice O'Connor to determine whether a prevailing party achieved enough success to be entitled to an award of attorney's fees.
3. The framework requires the district court to determine the "relevant indicia of success" by examining: (1) the difference between the judgment recovered and the judgment sought; (2) the significance of the legal issue on which the plaintiff prevailed; and (3) the public purpose served by the litigation.
4. The Tenth Circuit applies this test and determines that the district court did not abuse its discretion.
5. Circuit Judge Baldock dissents. He believes the decision is contra to Farrar.
6. Click here to see actual case.