A Naval employee won his discrimination claim before the EEOC, but the EEOC didn't award the plaintiff his attorneys' fee request. Does a federal court have jurisdiction to hear his claim for attorneys' fees where there is no longer a substantive cause of action under Title VII? Yes, said the Ninth Circuit:
We conclude that, under New York Gaslight Club, Inc. v.Carey, 447 U.S. 54 (1980), federal courts have subject matter jurisdiction over claims brought solely to recover attorney’s fees incurred in Title VII administrative proceedings. Accordingly, we reverse.Porter v. Winter (CA9) (here).