Dorothy C. Parker v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

561 F.2d 320, 182 U.S. App. D.C. 322, 1977 U.S. App. LEXIS 12645, 14 Empl. Prac. Dec. (CCH) 7637, 18 Fair Empl. Prac. Cas. (BNA) 391
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 30, 1977
Docket76-1416
StatusPublished
Cited by124 cases

This text of 561 F.2d 320 (Dorothy C. Parker v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorothy C. Parker v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, 561 F.2d 320, 182 U.S. App. D.C. 322, 1977 U.S. App. LEXIS 12645, 14 Empl. Prac. Dec. (CCH) 7637, 18 Fair Empl. Prac. Cas. (BNA) 391 (D.C. Cir. 1977).

Opinions

J. SKELLY WRIGHT, Circuit Judge:

This appeal is from the District Court’s judgment1 requiring appellant to pay attorneys’ fees incurred by appellee. The only issue presented is whether in a suit brought by a federal employee under Title VII of the Civil Rights Act of 1964 2 — in which the employee is the “prevailing party”3 — a federal District Court has discretion to award attorneys’ fees that include compensation for legal services performed in connection with related administrative proceedings.

Our review of the statutory language, legislative history,4 case law, and relevant policy concerns convinces us that a District Court does have such discretion and that the judgment below should be affirmed.

I. THE FACTS

On February 15, 1973 appellee Dorothy Parker filed an administrative complaint with the Office of Education (OE) of the Department of Health, Education and Welfare (HEW). Parker, an employee of OE, alleged that she had been discriminated against on racial and sexual grounds and sought immediate promotion from her position as a GS-9 to a GS-14 with appropriate back pay.

Shortly after the complaint was filed, OE’s Equal Employment Office began an investigation of the discrimination charges. An investigative report was filed on September 7, 1973. It concluded that appellee had been discriminated against and recommended that she be promoted to GS-13. Apparently no further action was taken until the spring of 1974 when HEW promoted appellee to GS-11, with assurances that she would soon be promoted to GS-135 as the original investigative report had recommended. In the spring of 1975, however, HEW issued its final determination stating that it would disregard the investigative report and take no further remedial action on appellee’s discrimination claim.

Consequently, appellee — still a GS-11— filed the instant suit on May 21, 1975.6 Appellant filed his answer on July 22, 1975 [322]*322and denied all allegations in the complaint. Despite these denials, less than two months later — on September 18, 1975 — HEW issued a formal decision to the effect that appellee had been discriminated against and should be retroactively promoted to GS-13 with appropriate back pay.7

On November 14, 1975 the District Court entered an order approving this settlement of the suit but reserving the question of attorneys’ fees. After considering the parties’ submissions on the question, the District Court on April 1, 1976 awarded attorneys’ fees of $8,770.36.8 The award included compensation for time spent on the case at both “administrative and judicial levels.” Parker v. Matthews [sic], 411 F.Supp. 1059, 1066 (D.D.C.1976). This appeal followed.9

II. THE STATUTORY FRAMEWORK

Title VII of the Civil Rights Act of 196410 prohibits employment discrimination based on race, color, religion, sex, or national origin. Sections 703, 704 of Title VII, 42 U.S.C. §§ 2000e-2,2000e-3 (1970 & Supp. V 1975). Originally, however, this statutory prohibition was inapplicable to federal employees. Section 701, 42 U.S.C. § 2000e(b). See Brown v. GSA, 425 U.S. 820, 825, 96 S.Ct. 1961, 1964, 48 L.Ed.2d 402 (1976). Thus, “[ajlthough federal employment discrimination clearly violated both the Constitution, Bolling v. Sharpe, 347 U.S. 497 [74 S.Ct. 693, 98 L.Ed. 884] (1954), and statutory law, 5 U.S.C. § 7151,” specific implementing legislation was lacking and “the effective availability of either administrative or judicial relief was far from sure.” Id. In fact, federal employees faced numerous and difficult obstacles in attempting to enforce their right of freedom from employment discrimination. Hackley v. Roudebush, 171 U.S.App.D.C. 376, 520 F.2d 108, 115, 128-129, 132, 133-136 & n.67 (1975).

This anomaly was eliminated in 1972 by the addition of Section 717 to Title VII of the Civil Rights Act of 1964. See 42 U.S.C. § 2000e-16 (Supp. V 1975).11 Hackley v. Roudebush, supra, 529 F.2d at 115-116. Subsection 717(a) of Title VII, 42 U.S.C. § 2000e-16(a) (Supp. V 1975), provides that “[a]ll personnel actions affecting employees or applicants for employment * * * in executive agencies [of the United States] * * * shall be made free from any discrimination based on race, color, religion, sex, or national origin.” To effectuate this provision subsections 717(b) and (c), 42 U.S.C. § 2000e-16(b), (c) (Supp. V 1975), establish complementary administrative and judicial enforcement provisions. Subsection (b) authorizes the Civil Service Commission to enforce the provisions of subsection (a) [323]*323“through appropriate remedies, including reinstatement or hiring of employees with or without back pay,” to issue “rules, regulations, orders and instructions as it deems necessary and appropriate” to carry out its responsibilities under the Act, and to review equal employment opportunity plans that are annually submitted to it by each agency and department.

Subsection 717(c) permits an aggrieved employee or applicant for employment to file a civil action in a federal District Court to review her claim of employment discrimination. Before filing in District Court, however, the employee must meet certain administrative prerequisites. Initially, the complainant must seek relief in the agency that has allegedly discriminated against her. If not satisfied with relief obtained from the agency, the complainant may seek further administrative review with the Civil Service Commission. Alternatively, the complainant, within 30 days of receipt of notice of the agency’s final decision, .may file suit in federal District Court without appealing to the Civil Service Commission. If she does appeal to the Commission, she may file suit within 30 days of the Commission’s final decision. “In any event, the complainant may file a civil action if, after 180 days from the filing of the charge or the appeal, the agency or Civil Service Commission has not taken final action.” Brown v. GSA, supra, 425 U.S. at 832, 96 S.Ct. at 1968. In Brown the Supreme Court held that Section 717 provides the “exclusive, pre-emptive administrative and judicial scheme for the redress of federal employment discrimination.” Id. at 829, 96 S.Ct. at 1966. Consequently, failure to comply with the administrative pre-condi-tions of Section 717, as in Brown, precludes the complainant from even getting into court.

Subsection 717(d) of Title VII, 42 U.S.C.

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561 F.2d 320, 182 U.S. App. D.C. 322, 1977 U.S. App. LEXIS 12645, 14 Empl. Prac. Dec. (CCH) 7637, 18 Fair Empl. Prac. Cas. (BNA) 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorothy-c-parker-v-joseph-a-califano-jr-secretary-of-health-cadc-1977.