Watson
Watson v. United States Veterans Administration
Opinion
lead Opinion
Tashima, J.
MEMORANDUM OPINION
In this action, plaintiff, a handicapped 'employee of defendant, Veterans Adminis *268 tration (“VA”), seeks attorney’s fees for the successful resolution, at the agency level, of his employment discrimination complaint. The matter is before the Court on plaintiff’s motion for summary judgment ordering the VA to award plaintiff reasonable attorney’s fees or, in the alternative, that the Court make such an award.
It is undisputed that plaintiff’s physical handicap discrimination complaints were administratively adjudicated in favor of plaintiff and that, as a result, he obtained substantial relief, including retroactive promotion, back pay and correction of his personnel records. Plaintiff was the prevailing party in the employment discrimination proceeding before the VA. However, the VA refused plaintiff’s request for attorney’s fees. This refusal was based on the VA’s position that, although it did not oppose the award of attorney’s fees in principle, it had no authority to award such fees administratively and that such an award could be made only by the Court. This action followed.