What is the test for awarding attorney's fees in a Title VII case?

MultiRegion, United States of America

The following excerpt is from Nat'l Ass'n Adv. Colored People v. Town of E. Haven, 259 F.3d 113 (2nd Cir. 2001):

Title VII provides that "the court, in its discretion, may allow the prevailing party [in litigation under Title VII] . . . a reasonable attorney's fee . . . as part of the costs." 42 U.S.C. 2000e-5(k).5 We review a district court's award of attorney's fees for abuse of discretion. See LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 757 (2d Cir. 1998). Despite this highly deferential standard of review, "[a] district court necessarily abuses its discretion if it bases its ruling on an erroneous view of the law or on a clearly erroneous assessment of the record." Id.

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