Can You Recover Attorney’s Fees in a Federal Employment Discrimination Lawsuit?
Facing workplace discrimination is stressful, and many employees hesitate to take legal action because of the potential cost of hiring an attorney. The good news: in many federal employment discrimination lawsuits, the law allows you to
recover attorney’s fees if you win. This protection helps level the playing field against powerful employers and gives workers the ability to pursue justice.
Federal Laws That Allow Attorney’s Fees
Several key federal employment laws contain
fee-shifting provisions, which means the losing party may be required to pay the prevailing party’s legal fees. These include:
- Title VII of the Civil Rights Act of 1964 (discrimination based on race, sex, religion, national origin, and color)
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act (EPA)
If you hire an employment discrimination lawyer and successfully prove your case under these laws, you may be able to recover reasonable attorney’s fees in addition to other damages.
When Employees Can Recover Attorney’s Fees
- Winning Your Case: If the court rules in your favor, your employer may be ordered to cover your attorney’s fees.
- Settlement Agreements: Many discrimination cases settle before trial, and an experienced federal employment attorney can negotiate attorney’s fees as part of the settlement package.
- If You Lose: Employees typically do not have to pay the employer’s legal fees unless the case was frivolous or filed in bad faith.
How Courts Calculate “Reasonable” Attorney’s Fees
Courts use several factors to determine what counts as “reasonable” attorney’s fees, including:
- The number of hours your lawyer spent on the case
- The attorney’s hourly rate compared to rates in your geographic area
- The complexity and success of your lawsuit
This ensures the amount awarded is fair and proportionate to the work performed.
Why Recovering Attorney’s Fees Matters
Employment discrimination lawsuits often pit individual employees against large corporations or government agencies with significant resources. By allowing the recovery of attorney’s fees, the law encourages workers to stand up for their rights without fear of overwhelming legal costs.
Key Takeaway
Yes—you may be able to recover attorney’s fees in a federal employment discrimination lawsuit if you win or reach a favorable settlement. This important legal protection ensures employees have real access to justice. If you believe you’ve been a victim of workplace discrimination, consult with an experienced
employment discrimination attorney to discuss your case, your rights, and whether your attorney’s fees can be recovered.









