Civil Rights: FEHA Slight Wins On One Claim Can Result In Far-Outpacing Fee Awards

Ted Bacon Of AlvaradoSmith Provided A “Real Life” War Story Illustrating The Point.

            During a two-hour sexual harassment mandatory training session, Ted Bacon of AlvaradoSmith provided a “real life” war story about how the liberal, pro-plaintiff FEHA fee shifting statute can still result in a fee award which dwarfs a plaintiff’s compensatory recovery.  What happened in one FEHA case that Ted litigated was plaintiff recovered only one of several FEHA claims, winning $10,000 in compensatory damages and $10,000 in punitive damages.  However, plaintiff also recouped $140,000 in FEHA fees, so that a $20,000 verdict turned into a total $160,000 exposure for the defense.  Just goes to show you how FEHA fees are the “tail that wags the litigation dog” in many instances.