Is a plaintiff entitled to attorney's fees in the context of her Title VII action?

The attorney's fee provision of the Civil Rights Act provides: "In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party ... a reasonable attorney's fee ... as part of the costs." 42 U.S.C. 2000e-5(k). Smith has merely eestablished a right to proceed to trial on the merits of her Title VII claim, however, she is not, at least as of yet, a "prevailing party" within the meaning of the Civil Rights Act. See, e.g., Sosa v. Hiraoka, 920 F.2d 1451, 1461 (9th Cir.1990).

Consequently, an award of attorney's fees at this juncture would be premature.