Finding that the EEOC's action in bringing the suit was not "unreasonable or meritless" and that its statutory interpretation of § 14 was not "frivolous," the District Court ruled that an award to petitioner of attorney's fees was not justified. The company then petitioned for the allowance of attorney's fees against the EEOC pursuant to § 706(k) of Title VII, which authorizes a district court in its discretion to allow the prevailing party a reasonable attorney's fee. The EEOC then sued petitioner on complainant's charge and the District Court granted petitioner's motion for summary judgment on the ground that the charge had not been "pending" at the time of the 1972 amendments. Almost two years later, § 14 of the 1972 amendments to Title VII authorized the EEOC to sue in its own name on charges "pending" with the EEOC on the effective date of the amendments. Two years after a racial discrimination charge under Title VII of the Civil Rights Act of 1964 had been filed against petitioner company, respondent, the Equal Employment Opportunity Commission (EEOC), notified the complainant that its conciliation efforts had failed and that she had the right to sue the company, which she did not do.
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