Carter v. Luminant Power Services Co., No. 12-10642 (5th Cir. 2013)Annotate this Case
Plaintiff sued Luminant, his employer, alleging several unlawful employment practices. The jury agreed with plaintiff that plaintiff's complaints motivated Luminant's decision to discipline him. The jury also found, however, that Luminant proved, by a preponderance of the evidence, that it would have made the "same decision" irrespective of his complaints. The district court entered judgment in Luminant's favor and taxed all costs against plaintiff. Plaintiff moved to retax costs and sought an award of attorney's fees. The court held that 42 U.S.C. 2000e-5(g)(2)(B)(i) authorized cost-and-fee-shifting only for violations of section 2000e-2(m). Retaliation did not violate section 2000e-2(m). Consequently, the district court correctly decided that section 2000e-5(g)(2)(B)(i) did not authorize cost-and-fee-shifting. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on April 15, 2013.