HATCHETT, Circuit Judge:
In this sex and age discrimination case, appellant, Myra Jeanette Walker, appeals from the district court’s granting of a directed verdict, pursuant to Federal Rules of Civil Procedure 50, and the awarding of attorney’s fees. We affirm the directed verdict ruling, but vacate the attorney’s fee ruling.
FACTS
This case involves the employment relationship of Walker, NationsBank (the bank), and her immediate supervisor, Eugenia Sef-cik. In September, 1987, the bank promoted Walker to the position of branch manager of its Baymeadows Jacksonville, Florida branch. In this new position, Walker reported directly to Sefcik.1 Sefcik’s first evaluation of Walker’s job performance occurred in January, 1988, and she rated Walker at “expected” or “expected plus” in all of the areas listed on the evaluation form. At a meeting in June, 1988, Sefcik angrily accused Walker of failing to offer a Baymeadows branch employee the office manager position at another of the bank’s Jacksonville, Florida, branches, and of failing to notify another Baymeadows branch employee that the employee had been denied a salary increase as a result of excessive absenteeism. At the time of this confrontation, Walker contended that she had carried out the directives as instructed.
In June, 1988, the bank conducted an audit of its three Jacksonville branches. The audit of Walker’s Baymeadows branch uncovered several deficiencies, and the branch was given an overall rating of unsatisfactory.2 In a June 24, 1988 telephone conversation, Sefcik angrily expressed to Walker her displeasure with Walker’s job performance based on the results of the audit of the Baymeadows branch. Walker, in response, sent Sefcik a memorandum in which she characterized Sef-cik’s reaction to the Baymeadows branch’s unfavorable audit as “mental harassment.”
As a result of Walker’s memorandum, Sef-cik and Joyce Sheets, a bank personnel specialist, met with Walker on July 6, 1988. At this counseling session, Sefcik presented Walker with her concerns about Walker’s substandard performance during the first six months of 1988, and also set a number of performance goals for Walker to meet in the coming months. Following this meeting, Sefcik documented Walker’s performance deficiencies in a July 13, 1988 written perfor-[1552]*1552manee evaluation.3 In an August 4, 1988 memorandum, Walker responded to this performance evaluation claiming that the deficiencies cited in the branch audit had been corrected.
Walker and Sefcik also held a regularly scheduled quarterly meeting on September 19, 1988, during which Sefcik instructed Walker to contact a bank employee, Nancy Moore, to ensure that- the Baymeadows branch received credit for certain referrals; Sefcik also instructed Walker to contact another bank employee, Marsha Murphy, who could answer Walker’s questions concerning account analysis.
In November, 1988, the bank conducted a follow-up, pre-audit check of Walker’s Bay-meadows branch and found more deficiencies. On November 28, 1988, Walker and Sefcik held a conference in which Sefcik again rated Walker’s performance as unsatisfactory due to Walker’s failure to meet certain goals established at the July 6, 1988 meeting. As a result of the unsatisfactory rating, Sefcik placed Walker on probation for thirty days. During this period, the bank required Walker to perform satisfactorily or face immediate termination of her employment. Sefcik also provided Walker with a list of changes to be .implemented at the Baymeadows branch. In a memorandum dated November 30, 1988, Walker responded to the follow-up audit’s results asserting that the audit’s conclusion was unfair and unfounded.
The bank contends that during the period between November 28, 1988, and Walker’s dismissal on December 5, 1988, Sefcik determined that Walker had made a second misrepresentation to her: Walker had not contacted the two bank employees, Moore and Murphy, as Sefcik instructed her to do at their September 19, 1988 meeting, although Walker had told Sefcik that the directive had been carried out. Walker admits that Sefcik confronted her with the allegation that she had not contacted Moore and Murphy as ■ instructed.
The bank scheduled Walker to attend a training class in Orlando on November 30, 1988. Due to a problem with Walker’s mother’s health, Walker did not attend the class. The parties dispute the extent of Walker’s efforts to notify Sefcik that she would be unable to attend the training course.
Sefcik terminated Walker’s employment on December 5, 1988. Sefcik stated as justification for the termination Walker’s failure to notify Sefcik of the inability to attend the November 30 training course and Walker’s two earlier misrepresentations that she had carried out Sefcik’s directives.
PROCEDURAL HISTORY
On January 9, 1989 Walker filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that her termination was due to her age and sex, in violation of § 703(a)(1) of Title VII of the Civil Rights Act of 1964, 78 Stat. 255, as amended, 42 U.S.C. § 2000e-2(a)(l), and § 4(a)(1) of the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, 29 U.S.C. § 623(a)(1). On October 4, 1990, the EEOC’s Miami District Office issued a determination letter in which it found no evidence that Walker’s termination had been in violation of the statutes. From that determination, Walker appealed to the EEOC headquarters in Washington, D.C.
On December 4, 1990, Walker filed suit in the United States District Court for the Middle District of Florida. The EEOC’s Washington, D.C. office issued a determination letter on December 5, 1990, in which it found reasonable cause to believe that the bank had discriminated against Walker in violation of Title VII and the ADEA. The bank moved for summary judgment on November 18, 1991. On December 12, 1991, Walker sought leave to amend her complaint on the grounds that the Civil Rights Act of 1991 entitled her to a jury trial, compensatory damages, and punitive damages in connection with her sex discrimination claim. On June 12, 1992, the district court denied the bank’s motion for summary judgment. In denying the bank’s summary judgment motion, the district court assumed the admissibility of the EEOC de[1553]*1553termination letter and found that the EEOC’s determination was sufficient to establish a factual issue as to whether the Bank’s legitimate, non-diseriminatory reason for Walker’s termination was pretextual.4 Following this court’s decision in Curtis v. Metro Ambulance Service, Inc., 982 F.2d 472 (11th Cir.1993), holding that the Civil Rights Act of 1991 would not be applied retroactively, the district court denied Walker’s motion to amend her complaint.
On April 8, 1993, the bank filed a motion in limine and a supporting memorandum of law seeking to exclude the EEOC determination letter on the grounds that it was untrustworthy under Federal Rules of Evidence 803(8)(C), and unduly prejudicial under Federal Rules of Evidence 403. The district court granted the bank’s motion on April 27, 1993, on the ground that the conflicting findings of the two EEOC offices would result in confusion of the issues for the jury. On May 28,1993, the bank filed a motion for reconsideration of the district court’s June 12, 1992 denial of the bank’s summary judgment motion. The district court denied the bank’s motion for reconsideration on September 17, 1993.
In October, 1993, the trial commenced. At the close of Walker’s evidence, the court granted the bank’s Federal Rules of Civil Procedure 50 motion and entered judgment against Walker as a matter of law. The district court also awarded the bank attorney’s fees in excess of $50,000.
ISSUES
Walker raises the following issues: (1) whether the district court committed error in excluding the EEOC determination letter; (2) whether the district court erred in granting the bank’s rule 50 motion; and (3) whether the district court committed error in awarding the bank attorney’s fees.5
CONTENTIONS
Walker contends that the district court’s exclusion of the determination letter on the ground that it would confuse the jury was error, and that the probative value of the determination letter is not substantially outweighed by the potential prejudice to the bank. The bank argues that the EEOC determination letter was properly excluded because its admission would have unduly prejudiced its defense, pursuant to rule 403.
Walker also contends that the bank’s stated justification for her termination was pre-textual. She argues that when she was terminated, Sefcik gave as a justification Walker’s alleged misrepresentations, and her failure to provide Sefcik with advance notice of her inability to attend the November 30,1988 training class. At trial, however, the bank contended that those two reasons justified Walker’s termination and Walker’s deficient job performance. According to Walker, this difference in the explanations for her termination suggests that the bank’s stated reasons were pretextual, and the jury could have inferred that the real reasons for the termination were her gender and age. Walker buttresses this contention with the fact that the bank’s Downtown branch also received an unsatisfactory rating; however, the branch manager, who was a male, was not disciplined. The bank contends that the record is devoid of any direct or circumstantial evidence that the bank terminated Walker’s employment due to her gender or age.
Lastly, Walker argues that the district court erroneously awarded the bank attorney’s fees. She argues that her lawsuit was not frivolous, and supports this contention with the undisputed fact that the court denied the bank’s two summary judgment motions, with the second denial of summary judgment occurring twenty-two days prior to trial, after the district court had ruled that the EEOC letter would not be admitted into evidence. The bank argues that Walker’s claim was frivolous.
[1554]*1554DISCUSSION
A. Admissibility of EEOC Determination Letter
The significance of an EEOC determination letter in employment discrimination litigation can be ascertained through a review of the role of the EEOC in the overall statutory scheme Congress enacted. Congress enacted Title VII and its progeny to assure equality of employment opportunities regardless of race, color, religion, sex, or national origin. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 800, 93 S.Ct. 1817, 1823, 36 L.Ed.2d 668 (1973). To further this effort, Congress created the EEOC to investigate claims of discrimination, to institute civil actions against employers or unions, and to settle disputes through reconciliation before permitting a party to file a lawsuit. Alexander v. Gardner-Denver Co., 415 U.S. 36, 44, 94 S.Ct. 1011, 1017-18, 39 L.Ed.2d 147 (1974). Nevertheless, final responsibility for enforcement of the federal employment discrimination laws is vested in the federal courts. Alexander, 415 U.S. at 44, 94 S.Ct. at 1017-18. Therefore, we ’ must remain mindful of the fact that Congress, in enacting the various employment discrimination statutes, thought it “necessary to provide a judicial forum for the ultimate resolution of discriminatory employment claims. It is the duty of courts to assure the full availability of this forum.” Alexander, 415 U.S. at 60 n. 21, 94 S.Ct. at 1025 n. 21.
The admissibility of evidence is committed to the broad discretion of the district court, and the decision to exclude certain evidence will be reversed only upon a clear showing of abuse of discretion.6 Hines v. Brandon Steel Decks, Inc., 886 F.2d 299, 302 (11th Cir.1989). In this circuit, it is well established that EEOC determinations are generally admissible in bench trials. Barfield v. Orange County, 911 F.2d 644, 649 (11th Cir.1990) (listing cases), cert. denied, 500 U.S. 954, 111 S.Ct. 2263, 114 L.Ed.2d 715 (1991).7 We have not seen fit, however, to apply the same liberal admissibility rule to determination letters in jury trials.8 In particular, the distinction between a bench and a jury trial may affect the district court’s' analysis of a determination letter’s admissibility under Federal Rules of Evidence 403.9 Barfield, 911 F.2d at 651.
The admission of an EEOC report, in certain circumstances, may be much ■ more likely to present the danger of creating unfair prejudice in the minds of the jury than in the mind of the trial judge, who is well aware of the limits and vagaries of administrative determinations and better able to assign the report appropriate weight and no more.
Barfield, 911 F.2d at 651; see also Johnson v. Yellow Freight System, Inc., 734 F.2d 1304, 1309 (8th Cir.) (noting that EEOC reports are not homogenous products but may vary greatly in quality and factual detail), cert. denied, 469 U.S. 1041, 105 S.Ct. 525, 83 L.Ed.2d 413 (1984).
The district court determined that the danger that the EEOC letter would confuse the jury substantially outweighed its probative value. See Fed.R.Evid. '403. According to [1555]*1555the district court, the determination letter’s admission would force the jury to resolve the conflict between the EEOC’s Miami district office’s finding that the bank had not discriminated against Walker in terminating her employment and the EEOC’s Washington, D.C. office’s finding that reasonable cause existed to believe that the bank discriminated against Walker. The district court was concerned that the determination letter’s admission would shift the jury’s focus from deciding the ultimate issue in the case&emdash;whether the bank discriminated against Walker&emdash;to resolving the conflicting findings of two administrative officials who reviewed the same facts.
This case presents one example of the vagaries of administrative determinations which the Barfield court identified: two government officials knowledgeable in the area of employment discrimination law reached different conclusions after independently reviewing the same facts.- The district court was properly concerned that admitting the determination letter would shift the jury’s focus away from the issue of whether the bank considered a prohibited factor in terminating Walker, and towards resolving questions concerning the procedural adequacy of the investigation the two administrative hearing officers conducted. We cannot conclude that the trial court abused its discretion when it decided that the danger of confusing the issues to the jury substantially outweighed the admittedly probative value of the EEOC determination:
B. . Directed Verdict
In reviewing the district court’s disposition of a motion for directed verdict, we employ the same standard as the district court used in determining whether to grant the motion. MacPherson v. University of Montevallo, 922 F.2d 766, 770 (11th Cir. 1991). We review all of the evidence in the light most favorable to, and with all reasonable inferences drawn in favor of, the non-moving party. MacPherson, 922 F.2d at 770. If the facts and inferences are so strong and overwhelmingly in favor of one party that the court believes that reasonable persons could not arrive at a contrary verdict, the grant of a directed verdict is proper. Verbraeken v. Westinghouse Electric Corp., 881 F.2d 1041, 1045 (11th Cir.1989) (quoting Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir.1969)), cert. dismissed, 493 U.S. 1064, 110 S.Ct. 884, 107 L.Ed.2d 1012 (1990). If, however, substantial evidence is presented opposed to the motion, and this evidence is of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions, the motion must be denied. Verbraeken, 881 F.2d at 1045. Nevertheless, a jury question does not exist because of the presence of a “mere scintilla of evidence”; rather, “[t]here must be a conflict in substantial evidence to create a jury question.” Verbraeken, 881 F.2d at 1045.
Title VII proscribes discrimination on the basis of sex in a variety of employment practices.10 The ADEA proscribes age discrimination in the employment of persons at least forty years of age. 29 U.S.C. § 621 et seq.11 Because Walker bears the ultimate burden of proving that age and/or sex was a determining factor in the bank’s decision to terminate her employment, she must first establish a prima facie case of discrimination. Carter v. City of Miami, 870 F.2d 578, 581 (11th Cir.1989). She may do so through presentation of evidence on one of three accepted methods: direct evidence of discriminatory intent; statistical evidence; or the [1556]*1556four-pronged test set out in McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) which allows her to present circumstantial evidence that raises a rebuttable presumption of intentional discrimination. Carter, 870 F.2d at 581. This case concerns only the third method of proof.
This circuit has adapted the principles governing the order and allocation of proof in cases arising under Title VII to claims of age discrimination. Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913, 919 (11th Cir.1993). The analytical structure for evaluating a claim of sex-based discrimination under Title VII is provided in Supreme Court cases such as McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Dept. of Community of Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Batey v. Stone, 24 F.3d 1330, 1333 (11th Cir.1994). Under the McDonnell Douglas/Burdine formulation, a plaintiff must carry the initial burden of establishing a prima facie case of sex discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824. Once the plaintiff establishes a prima facie case, the burden then shifts to the defendant to produce some “legitimate, nondiscriminatory reason” for the adverse employment decision. Burdine, 450 U.S. at 254, 101 S.Ct. at 1094. Because the defendant need only produce, not prove, a nondiscriminatory reason, this burden is “exceedingly light.” Perryman v. Johnson Products Co., Inc., 698 F.2d 1138, 1142 (11th Cir.1983). Once the defendant carries the burden of production, the plaintiff must prove through presentation of a preponderance of the evidence that the employer had a discriminatory intent. Burdine, 450 U.S. at 256, 101 S.Ct. at 1095.
An employee establishes a prima facie case of discrimination in termination when the employee shows (1) membership in a protected class, (2) qualification for the position held, (3) termination, (4) and replacement with a person outside the protected class. Rollins v. TechSOUTH, Inc., 833 F.2d 1525, 1532 n. 14 (11th Cir.1987). The bank does not dispute Walker’s qualifications for the branch manager position, and the bank replaced her with a 24-year-old male; therefore, reviewing the evidence in the light most favorable to Walker, as we must, we find that she established a prima facie case of sex and age discrimination.12
Because Walker established a prima facie case under McDonnell Douglas, the burden shifted to the bank to articulate a legitimate, nondiscriminatory reason for Walker’s termination. The bank pressed three legitimate business reasons for Walker’s termination. First, Walker failed to follow certain of Sef-cik’s directives: She did not offer a Baymea-dows branch employee the office manager-position at another of the bank’s Jacksonville, Florida, branches; she did not notify a Bay-meadows branch employee that the employee’s salary increase had been deferred due to excessive absenteeism; and, she did not contact bank employees Moore and Murphy as Sefcik had instructed her to during their September, 1988 meeting. Second, the bank alleged that Walker misrepresented to Sefcik that the above-mentioned directives had been carried out. Third, the bank pointed to the deficiencies' which were noted in the two audits of the Baymeadows branch as proof that Walker failed to adequately perform her duties as the Baymeadows branch manager. These allegations raised a genuine issue of fact as to whether the bank discriminated against Walker; the bank, therefore, met its burden of production. See Reynolds v. CLP Corp., 812 F.2d 671, 674 (11th Cir.1987). Walker then had to carry the ultimate burden of persuading the trier of fact through a preponderance of the evidence that the bank intentionally discriminated against her. Burdine, 450 U.S. at 255, 101 S.Ct. at 1094-95.
[1557]*1557The Supreme Court recently-clarified the Title VII disparate treatment framework in St. Mary’s Honor Center v. Hicks, - U.S. -, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). In our earlier cases, once the defendant met its burden of production and rebutted the plaintiffs prima facie case, the plaintiff could carry the ultimate burden of persuasion either with evidence demonstrating that the defendant was more likely than not motivated through a discriminatory reason or that the defendant’s nondiscriminatory reason was not worthy of belief. See, e.g., Caban-Wheeler v. Elsea, 904 F.2d 1549 (11th Cir.1990). Hicks makes clear that the fact-finder’s disbelief of the reasons the defendant offers does not compel judgment for the plaintiff. Hicks, - U.S. at-, 113 S.Ct. at 2749. Rather, once the defendant has met its burden of production, the McDonnell Douglas/Burdine framework becomes irrelevant;' the sole inquiry is whether the plaintiff successfully carries the burden of persuading the trier of fact that the defendant engaged in intentional discrimination on the basis of a prohibited factor. Hicks, - U.S.-, 113 S.Ct. at 2747-48. Hicks, however, does not stand for the proposition that the fact-finder’s rejection of the defendant’s proffered reasons is of no probative value in resolving the ultimate question of whether the defendant has engaged in intentional discrimination. “The fact-finder’s disbelief of the reasons put forward by the defendant (particularly if disbelief is accompanied by a suspicion of mendacity) may, together with the elements of the prima facie case,'suffice to show intentional discrimination.” Hicks, - U.S. -, 113 S.Ct. at 2749.
In this appeal, Walker presents several arguments in support of her assertion that the bank intentionally discriminated against her on the basis of age and sex. First, she attacks Sefcik’s credibility. Resolving such credibility determinations is, of course, beyond the purview of the appellate courts. Reynolds, 812 F.2d at 675. We are bound to determine the issues based on the record made in the district court. In any event, we review the evidence in the light most favorable to Walker. Therefore, we assume the following: Walker offered the Baymeadows branch employee the office manager position at another of the bank’s branches; Walker notified another Baymea-dows branch employee that the employee’s salary increase had been deferred due to excessive absenteeism; Walker contacted bank employees Moore and Murphy as she had been instructed; Walker did not misrepresent to Sefcik that she had carried out Sefeik’s directives; and, Walker made sufficient efforts to notify Sefcik in advance that she would be unable to attend the November 1988 training class.
The second prong of Walker’s attack on the bank’s proffered reasons for her dismissal is an attempt to mitigate the probative value of the Baymeadows branch’s two unfavorable audits. Walker alleges that Does-chler, the bank’s Downtown branch manager, who was a male under the age of forty, and whose.branch received an unfavorable audit, was not disciplined as a result of the unfavorable audit. The bank disputes whether Doeschler was the manager of the Downtown branch at the time of the audit. Our review of the record, in the light most favorable to Walker, suggests that Doeschler was the manager of the Downtown branch at the time of the unfavorable audit.13 This evidence of the bank’s different treatment of similarly situated branch managers is of probative value in determining whether the bank intentionally discriminated against Walker. Walker also alleges that the bank did not provide her with training which it provided the other two branch managers and her replacement, all of whom were outside the protected class. Nevertheless, our review of the record in the light most favorable to Walker convinces us that Walker did not prove that the bank intentionally discriminated against her on the basis of her age or sex.
[1558]*1558Walker did not produce evidence that raised a suspicion of mendacity sufficient to permit us to find on this record that the bank intentionally discriminated against her on the basis of her age and/or sex. The record raises a suspicion of mendacity, but suspicion will not allow Walker to prevail under Title VII or the ADEA. As the district court noted, “[ojbviously, there is some bad blood between Miss Sefcik and Mrs. Walker.” As the district court further pointed out, “[perhaps] Miss Sefcik just didn’t like [Walker].” At the very least, the record makes it clear that Sefcik and Walker’s relationship was extremely strained. Walker, however, has not demonstrated that age or sex motivated the bank’s termination decision.
“The ultimate question [is] discrimination vel non.” Hicks, - U.S.-, 113 S.Ct. at 2753. Serious personality clashes may be an unwelcome reality of the workplace, and may lead, as in this case, to unfortunate consequences for employees such as Walker. Nevertheless, such clashes do not, without more, form the basis for relief under Title VII or the ADEA. Reasonable and fair-minded persons, in the exercise of impartial judgment, would not conclude that the bank had discriminated against Walker on either the basis of her age or sex. We therefore affirm the district court’s entry of a directed verdict in favor of the bank.
C. Attorney’s Fees
Lastly, Walker attacks the district court’s award of attorney’s fees to the bank as a prevailing defendant under Title VII. Although the district court did not find that Walker’s Title VII claim was frivolous, the district court awarded the bank attorney’s fees on the grounds that Walker maintained the Title VII claim after it became clear that it was unreasonable and groundless, and “lacked any shred of credibility.” In view of our affirmance of the district court’s directed verdict in favor of the bank, we can understand the court’s inclination to find Walker’s Title VII claim unreasonable. Nevertheless, we must review the award of attorney’s fees against the standards established in the applicable case law. See Sullivan v. School Board of Pinellas County, 773 F.2d 1182, 1188 (11th Cir.1985).
It is within the discretion of a district court to award attorney’s fees to a prevailing defendant in a Title VII action upon a finding that the action was “frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978). The standard has been described as a “stringent” one. Hughes v. Rowe, 449 U.S. 5, 14, 101 S.Ct. 173, 178, 66 L.Ed.2d 163 (1980).14 Moreover, the Supreme Court has cautioned that in applying these criteria, the district court should resist the temptation to conclude that because a plaintiff did not ultimately prevail, the action must have been unreasonable or without foundation. Chris-tiansburg Garment, 434 U.S. at 421-22, 98 S.Ct. at 700-01. Therefore, in determining whether a prevailing defendant is entitled to attorney’s fees under Title VII, the district court must focus on the question of whether the case is seriously lacking in arguable merit. See Sullivan, 773 F.2d at 1189.15
[1559]*1559Although determinations regarding the presence of any or all of the three Christiansburg Garment factors are to be made on a case-by-case basis, our eases have identified three general factors which should guide the inquiry: (1) whether the plaintiff established a prima facie case; (2) whether the defendant offered to settle; and (3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits. Sullivan, 773 F.2d at 1189. Applying these standards to this case, we find that it was an abuse of discretion for the district court to award the bank attorney’s fees.
Although it is clear that the record supports the district court’s decision on the merits of Walker’s claims, we cannot conclude that her suit is so “patently devoid of merit” as to support a finding that its continued prosecution was unreasonable. See Sullivan, 773 F.2d at 1189. Our application of Sullivan’s three general factors to the facts of this case support our holding. We note that Walker has established a prima facie case of both age and sex discrimination, that the district court found no references in the record to any settlement negotiations between the parties, and that the district court denied the bank’s two summary judgment motions and allowed the case to proceed to trial. Additionally, Walker presented evidence that Doeschler, the bank’s Downtown branch manager, who was male and under forty, and whose branch also received an unfavorable audit, was not disciplined. Walker also presented evidence that at .least some of Sefcik’s allegations against her were .unwarranted.
Although the award of attorney’s fees was premised on a finding that Walker continued her Title VII suit after it became clear that it was unreasonable and groundless, the district court “[could not] determine a precise point as to when the plaintiff should have considered discontinuing [the] litigation.” We have held that a plaintiffs claim should not be considered groundless or without foundation for the purpose of awarding fees to a prevailing defendant when the claims are meritorious enough to receive careful attention and review. Busby v. City of Orlando, 931 F.2d 764, 787 (11th Cir.1991) (citing O’Neal v. Dekalb County, Georgia, 850 F.2d 653, 658 (11th Cir.1988)). This case merited careful review. For example, after the bank took'issue with Walker’s allegations, the district court on two separate occasions denied the bank’s summary judgment motions. The second denial occurred twenty-two days prior to trial and after the court had decided to exclude the EEOC determination letter. Thus, the court believed that even after the exclusion of the EEOC letter, a genuine issue of material fact remained as to whether the bank had .pretextually terminated Walker’s employment. Finally, the policy consideration which underlies the stringent standard governing the award of attorney’s fees to prevailing ' defendants militates against awarding fees in this case: “Assessing attorney’s fees against plaintiffs simply because they do not finally prevail would substantially add to the risks inhering in most litigation and would undercut the efforts of Congress to promote the vigorous enforcement of the provisions of Title VII.” Christiansburg Garment, 434 U.S. at 422, 98 S.Ct. at 701.
As we stated earlier, determinations regarding the presence of any or all of the three'Christiansburg Garment criteria are to be made on a case-by-case basis. We hold that on the facts of this case Walker’s continued prosecution of her Title VII lawsuit cannot support an award of attorney’s fees against her.
CONCLUSION
Accordingly, the judgment of the district court is affirmed, except insofar as it found appellant’s continued prosecution of her Title VII claim unreasonable and awarded the bank attorney’s fees. The award of attorney’s fees in favor of the bank is vacated.
AFFIRMED IN PART AND VACATED IN PART.