Equal Employment Opportunity Commission v. Bruno's Restaurant

The Equal Employment Opportunity Commission (“EEOC”) appeals the district court’s award of attorney’s fees to Bruno’s Restaurant (“Bruno’s) after Bruno’s prevailed as a defendant in a Title VII suit. We reverse and remand.

I

Bruno’s is a family owned and operated restaurant in San Marcos, California. Kim Dunagan, a waitress at Bruno’s, informed her employers that she was pregnant in April, 1985. She was fired the next month. In June, 1985, Dunagan filed a complaint with the EEOC in which she alleged she was fired because of her pregnancy. In the midst of the EEOC investigation, Dunagan settled her claim with Bruno’s in exchange for neutral references and Bruno’s promise to consider her for reemployment if she desired.

Maureen Boucher, another waitress at Bruno’s, became pregnant in 1986. Bruno’s reduced her work schedule and she eventually left Bruno’s under disputed circumstances in October, 1986. Boucher filed a complaint with the EEOC.

Connie Lee Anderson, another waitress at Bruno’s, also became pregnant in 1986. Bruno’s fired her when she was two months’ pregnant. Anderson also filed a complaint with the EEOC.

During the ensuing investigation by the EEOC, representatives…