Bernardo Huerta, an employee of the Adams Corp., was transferred to a position that prevented him from

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Bernardo Huerta, an employee of the Adams Corp., was transferred to a position that prevented him from being eligible for overtime work. Huerta filed a complaint with the EEOC alleging that he had been discriminated against because of his national origin.

After negotiations subsequent to the filing of the complaint, Huerta and the Adams Corp. reached a settlement agreement on his complaint. A year later, Huerta claimed that Adams had broken the settlement agreement, and he filed suit in federal court. The court granted judgment for Huerta, and he asked the court to award him legal fees. Adams Corp. argued that the action to enforce the settlement agreement was not the same as an action under Title VII. Therefore, Huerta should not be awarded legal fees as a prevailing party under Title VII. Should the court award Huerta legal fees?

Explain your answer. See Robles v. United States [54 Emp. Prac. Dec. (CCH) P 40, 193 (D.D.C. 1990)].

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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