In an action, the EEOC alleged that CRST, a long-time truck hauler, subjected approximately 270 females to a hostile work environment. The District Court ruled in favor of the employer on all claims for various reasons and indeed awarded attorneys’ fees and costs in excess of $4.5 million to the employer. Unfortunately for the employer, the Court of Appeals reversed in part and threw out, without prejudice, the attorneys’ fees which were largely awarded because of the District Court determining that the EEOC had done such a poor job of investigating and attempting to conciliate these matters.

The situation was basically that the company would have a lead driver, who would go out with new drivers, but this driver had no right to hire, fire, promote, etc. Interestingly enough, the employer had conceded that these people were no different than supervisors in other industries, but the Court ignored its admission based on other cases. Specific individual cases were eliminated because of the fact that certain employees had filed bankruptcy after being involved in these proceedings and had not listed this claim as a source of income. They were therefore estopped from bringing forth this claim, and the Court determined that there was no abusive discretion in making this determination. However, the Court of Appeals actually stated that the EEOC could make such a claim and that they were not estopped by these bankruptcy actions by the individuals from pursuing claims on their behalf. A number of claims also were dismissed because no reasonable investigation was ever undertaken or, thereafter, any attempt at bona fide conciliation. The Court of Appeals agreed that the statute favors administrative rather than judicial resolution of claims, and therefore this was also an appropriate action by the District Court. In regard to some individual claims (less than two handfuls), the Court determined that there was potentially hostile work environment and that further facts needed to be developed. Therefore summary judgment was not appropriate. Peeples v. CRST Van Expedited, Inc. (8th Cir. 2012).