Edward M. Kennedy: “I want to take a few moments of the Senate's time to explain in detail what the position of the conference is and what…”

“I want to take a few moments of the Senate's time to explain in detail what the position of the conference is and what we reported back in terms of the attorney's fees issue, since this has been raised by two Members of the Senate this morning. Mr. President, the conference report adopts the same language that was in the bill passed by the Senate last year. This body has already approved it once. This language makes it clear that prevailing plaintiffs can recover their attorney's fees and costs from the defendant. And the statement of managers that accompanies the conference report makes clear that defendants, too, may recover attorney's fees and costs from the plaintiffs in certain circumstances, the same circumstances in which defendants can recover the fees and costs in civil rights cases. It states the following on page 10: The conferees intend this provision to be interpreted in the same way that the attorney's fee provision in title VII of the Civil Rights Act of 1964 has been interpreted. . .. Specifically, the conferees intend that under this provision, as under [title VII], attorney's fees and costs may be awarded to a defendant upon a finding that the plaintiff's action was ``frivolous, unreasonable, or without foundation even though not brought in subjective bad faith. Christiansburg Garment Co. v. E.E.O.C., 434 U.S.…”