The district court concluded that 42 U.S.C. §2000e-5(g)(2)(B)(i) was inapplicable to "a mixed-motive retaliation claim," like the appellant's claim, and denied his motion to retax costs and award attorneys' fees. The cost- and fee-shifting provision does not apply to mixed-motive retaliation claims. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-10642, 04-03-2013.
Carter v. Luminant Power Services Co.
April 9, 2013