A defendant, represented by Rainey Kizer attorney Geoffrey Lindley, was awarded legal costs and attorney’s fees by federal district and appellate courts following the successful defense of a race discrimination and retaliation claim. In Connor v. City of Jackson, Tennessee, Plaintiff George Connor alleged that the City discriminated against him on the basis of his race and then retaliated against him for filing a complaint with the Equal Employment Opportunity Commission (EEOC).
“I am pleased that the court found this claim to be without merit, and even more pleased that legal costs and fees were awarded to the defendant. This frivolous complaint distracted city and fire department officials from more important duties at a cost to Jackson taxpayers,” Lindley said.
The plaintiff alleged that he was unlawfully denied assistance from the City in preparing for a certification test, the successful completion of which was a requirement to maintain his position as a fire inspector in the City Fire Department’s Fire Prevention Bureau. Connor also claimed retaliation and harassment for filing the EEOC complaint.
The U.S. Court for the Western District of Tennessee ruled favorably on the defendant’s pre-trial motion finding that there was no legal justification for the plaintiff’s claims. The Court subsequently ordered the plaintiff to pay the city for legal costs and attorney’s fees. Connor’s attorney then appealed the case to the U.S. Court of Appeals for the 6thCircuit. However, hours prior to the start of oral arguments Connor dismissed his appeal. The appellate court then, upon motion by the City, ordered the plaintiff’s attorney to pay the City additional fees and costs.
While courts are authorized to award reasonable attorneys’ fees to prevailing parties in civil rights litigation, there is a tough standard that must be met for parties defending against such claims. According to legal precedent, the claim must be “frivolous, unreasonable or without foundation.”
Lindley joined Rainey Kizer shortly after graduation from the University of Tennessee College of Law in 2001. His practice includes advising employers and representing them in court on issues concerning Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and other laws applicable to employers. Law & Politics Mid-South Super Lawyers magazine recently named Mr. Lindley a “Rising Star” in the area of Employment Litigation Defense.
Rainey, Kizer, Reviere & Bell, PLC is AV rated by Martindale-Hubbell and was named a Go-To Firm® by Fortune 500 general counsels. The full-service law firm with offices in Jackson and Memphis represents local, state, and national clients before state and federal courts and regulatory agencies throughout the Mid-South. For more information visit https://raineykizer.com.
For additional information on this release, please contact:
Casey Smith
Phone: (731) 426-8122
Email: csmith@raineykizer.com
Source: Rainey, Kizer, Reviere & Bell, P.L.C.
Website: https://raineykizer.com