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B-193144 1 (1980-09-15)

handle is hein.gao/gaobadioi0001 and id is 1 raw text is: 




                                 , THE  C  NPTROLLER GENERAL
At         DECISION   \I OF T              E  UNITED STATES
                                    SVVAS H IN G TON, 0 C 20548



           FILE:   B-193144              DATE: September 15, 1980

           MATTER  OF:   E ual Employment Opportunity Commission
                         Administrative Payment of Attorneys Fee
           DIGEST:   1. _EEOC may provide in its regulations for
                        administrative payment of attorneys fees
                        to prevailing party in Federal employee
                        complaints filed under Rehabilitation
                        Act of 1973, as amended, since scope of
                        regulatory and judicial authority is same
                        as granted under Title VII of Civil Rights
                        Act of 1964, as amended.

                     2. (EEOC may provide in its regulations for
                        administrative payment of attorneys fees
                        to prevailing party in Federal employee
                        complaints filed under Age Discrimination
                        in Employment Act (ADEA) of 1967, as
                        amended.  Scope of authority granted to
                        EEOC to regulate is virtually the same
                        as granted in Title VII of Civil Rights
                        Act of 1964, as amended, and legislative
                        history of 1978 amendments to ADEA shows
                        no  intent to deprive prevailing Federal
                        employees of right available to non-Federal
                        employees to receive attorneys fees .awards.

                We have been asked whether the Equal Employment
           Opporunity  Commission (EEOC) may include, in its
           regulations, provisions for the payment at the adminis-
           trative level of attorneys fees to prevailing parties
           in handicap and age discrimination cases.] For the
           reasons set forth below, we hold that the EEOC, if it
           chooses to do so, may provide for payment of attorneys
           fees to prevailing parties at the administrative level
           in those cases.

               'The EEOC has issued interim revised regulations
           implementing Title VII of the Civil Rights Act of 1964,J
           -as amended, 42 U.S.C. §§ 2000e-16 et sec. (Title VII),
           (which include provisions for the payment of attorneys
           fees at the administrative level. 45 Fed. Reg. 24130
           (1980). LQThey wish to include provisions for the payment
           of attorneys fees in connection with complaints brought

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