World-renowned poker expert Kenny Rogers once sagely advised, “You’ve got to know when to hold ’em. Know when to fold ’em. Know when to walk away.” In the EEOC v. Freeman opinion, the court explained the company, Freeman, held the royal flush and the EEOC held nothing. Continuing the analogy throughout the introduction, the court found that, “Like the unwise gambler, it did so at its peril. Because the EEOC insisted on playing a hand it could not win, it is liable for Freeman’s reasonable attorneys’ fees.” Here, the court found it was unreasonable for the EEOC to continue its investigation with the lack of proper analysis demonstrating disparate analysis and, instead, choosing to rely on flawed investigative reports. Ultimately, the court awarded over $938,000 in attorneys’ fees to Freeman.

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