Attorney Fees And Costs In Employment Discrimination Cases

Under current law, if a plaintiff brings an employment discrimination action that the court finds to be frivolous, groundless, or vexatious, the court may award the defendant attorney fees and costs.

The bill modifies the standard for awarding attorney fees and costs to a prevailing defendant to allow an award when the plaintiff pursues a claim that lacks substantial merit because it is pursued in bad faith or when a reasonable person would not believe the claim is likely to succeed.

(Note: This summary applies to this bill as introduced.)