U.S. Equal Employment Opportunity Commission v. Robert L. Reeves & Associates

MEMORANDUM **

The United States Equal Employment Opportunity Commission (“EEOC”) appeals the judgment of the district court following a jury trial resulting in a unanimous verdict for Robert L. Reeves & Associates (“R&A”). The EEOC also appeals the district court’s award of attorneys’ fees to R&A. The parties are familiar with the facts of this case, and we reference them here only to the extent necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the judgment of the district court, but reverse its award of attorneys’ fees.

The EEOC challenges several of the district court’s evidentiary rulings. We review those rulings for an abuse of discretion. See Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004); McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003). To reverse on the basis of an erroneous evidentiary ruling, we must conclude not only that the district court abused its discretion, but also that the error was prejudicial. See Tritchler, 358 F.3d at 1155 ; McEuin, 328 F.3d at 1032 . When reviewing the effect of erroneous evidentiary rulings, we begin with a pre *44 sumption of prejudice. Obrey v. Johnson, 400…