In the latest legal decision in what the court called an "apparently never-ending battle" over liability and damages for violating Title VII of the Civil Rights Act, the U.S. Court of Appeals for the District of Columbia has upheld a lower court’s decision denying interest on backpay and attorneys’ fees.
The case, Trout v. Secretary of the Navy, has become sort of a poster child for those who contend that the federal employee appeal procedures are too slow and complex and allow too many chances for appeal. The case originated with a complaint of sex discrimination in employment starting in 1973 and has bounced through the courts since then. After about two decades of fighting, the parties entered into a settlement, and since that time there has been continued fighting over the awards for back pay and attorneys fees.
In the latest round, the plaintiffs argued that a U.S. Supreme Court decision in 2004 entitled them to interest on back pay and attorneys’ fees that accrued before a change in the Civil Rights Act in 1991. The appeals panel agreed with the lower court that interest was not warranted and also rejected a number of other arguments raised with regard to the ongoing dispute over the payments.
