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B-195544(MRV) 1 (1980-05-07)

handle is hein.gao/gaobabjtk0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE ' / WASHINGTON, D.C. 20548 IN REPLY REFER TO: B154 MV OFFICE OF GENERAL COUNSEL May 7, 1980 6 Mr. Paul Gonson Solicitor Office of General Counsel Securities and Exchange Commission Washington, D.C. 20549 Dear Mr. Gonson: This is in response to your letter of March 11, 1980, requesting our opinion on thetauthority oof-u-a-e to pay reasonable attorney fees and costs incident to-an-eua L--emunty-p eee g before the agency. _ . As we advised you in our letter B-195544, November 20, 1979, in the absence of specific legislation, further clarification of con- flicting court decisions, or appropriate regulations, we found no authority for Federal agencies to award attorney fees incident to administrative equal employment opportunity proceedings. On April 9, 1980, the Equal Employment Opportunity Commission (EEOC) issued interim regulations on-- -is subJect. See 45 7Fe. Reg. 24130 (29 C.F.R. Part 1613). The interim revised regulations are effective as of April 11, 1980, and provide that an agency or EEOC may award a complainant reasonable attorney fees and costs when an allegation of discrimination is resolved in favor-of the complain- ant, including a settlement under 29 C.F.R. § 1613.217(a). The interim regulations apply to all pending or future complaints. With the issuance of these regulations, Federal agencies now have the authority to pay to a prevailing complainant reasonable attorney fees and costs in connection with the informal settlement or formal resolution of pending and future equal employment opportunity pro- ceedings. Therefore, there is no need for us to issue a formal opinion on your request. Sincerely yours, f Milton J. Socolar General Counsel

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