Failure to prove all claims shouldn’t reduce attorneys’ fee award

The California Fair Employment and Housing Act (FEHA) says it’s illegal for employers with five or more employees to discriminate against an employee because of a protected category or retaliate against him because he asserted his rights under the law. The Act also prohibits harassment based on a protected category. In fact, harassment is prohibited in all workplaces, even those with fewer than five employees.

If an employee prevails on two FEHA employment claims in a lawsuit against his employer but not on numerous others, should he be able to recover over half a million dollars in attorneys’ fees? Should an attorneys’ fee award be reduced because of an employee’s unsuccessful discrimination and harassment claims when they are sufficiently linked to a successful retaliation claim?

Those questions were recently answered in a case brought before the California Court of Appeal.

The complaint, the jury award, and the judge’s reduction

Renee Vines sued his former employer, O’Reilly Auto, for violations of the FEHA, including race and age discrimination, harassment, and retaliation. Vines, a 59-year-old African American, claimed he had been subjected to illegal treatment by his supervisor and coworkers because of his age and race.