Equal Access to Justice Act: Use at Selected Labor and Employment Agencies
Fast Facts
The Equal Access to Justice Act allows some people and businesses to recover legal fees in certain cases involving the federal government. This Q&A report looks at how many awards agencies have made under the act.
Federal agencies paid over $116 million for about 15,000 awards on average each year from FY 2019-25. The Department of Labor and the National Labor Relations Board paid nearly $1 million for 22 awards, and the Equal Employment Opportunity Commission paid none in that same period.
Some attorneys noted challenges with the law. Others cited benefits like being able to represent clients who otherwise wouldn't be able to afford legal fees.
Gavel and scales of justice on a wood table with file folders
Highlights
What GAO Found
The Equal Access to Justice Act (EAJA) was enacted in 1980, in part to address individuals’ and organizations’ ability to challenge or defend themselves against civil or administrative actions involving the federal government. EAJA authorizes the award of legal fees to parties that prevail against the federal government and meet other eligibility criteria, under certain circumstances.
Federal agencies reported paying over $116 million for about 15,000 EAJA awards, on average per year from fiscal years 2019 through 2025. Among the three selected agencies GAO reviewed, the agencies reported the following EAJA data to the Administrative Conference of the United States (ACUS) for this time period:
- the Department of Labor (DOL)—11 awards totaling about $548,000,
- the National Labor Relations Board (NLRB)—11 awards totaling about $437,000, and
- the Equal Employment Opportunity Commission (EEOC)—no awards.
Equal Access to Justice Act (EAJA) Awards Reported by the Department of Labor (DOL), National Labor Relations Board (NLRB), and Equal Employment Opportunity Commission (EEOC), Fiscal Years 2019–2025
|
Fiscal year |
Number of awards (DOL) |
Total amount of awards (DOL) |
Number of awards (NLRB) |
Total amount of awards (NLRB) |
Number of awards (EEOC) |
Total amount of awards (EEOC) |
|---|---|---|---|---|---|---|
|
2019 |
1 |
$87,824 |
5 |
$70,000 |
0 |
$0 |
|
2020 |
1 |
$62,500 |
0 |
$0 |
0 |
$0 |
|
2021 |
4 |
$72,600 |
0 |
$0 |
0 |
$0 |
|
2022 |
3 |
$138,266 |
1 |
$150,000 |
0 |
$0 |
|
2023 |
1 |
$110,221 |
1 |
$56,374 |
0 |
$0 |
|
2024 |
0 |
$0 |
2 |
$55,000 |
0 |
$0 |
|
2025 |
1 |
$76,190 |
2 |
$105,539 |
0 |
$0 |
|
Total |
11 |
$547,601 |
11 |
$436,913 |
0 |
$0 |
Source: GAO summary of information published by the Administrative Conference of the United States. | GAO-26-108644
All five stakeholders GAO interviewed cited both benefits and challenges of EAJA. For example, two attorneys who primarily represent clients in labor and employment matters said that for some cases, EAJA enables them to assist clients who otherwise could not afford to pursue cases against the federal government. All five stakeholders cited challenges with EAJA such as meeting EAJA eligibility requirements and recovering legal fees under EAJA. For example, they cited difficulty establishing that a party prevailed against the government. Specifically, one attorney said that the definition of “prevailing party” has narrowed over time due to various court decisions, making it more difficult to meet this requirement.
Why GAO Did This Study
EAJA awards primarily arise from civil court cases and are typically paid by the specific agency that the party prevailed against.
Since 2019, agencies have reported their annual EAJA awards and other data to ACUS.
GAO was asked to review data on EAJA awards paid by DOL, EEOC, and NLRB. This report describes these agencies’ EAJA awards for fiscal years 2019 through 2025, as well as selected stakeholders’ views on the benefits and challenges of EAJA.
GAO reviewed EAJA award data that federal agencies reported to ACUS for fiscal years 2019 through 2025, the most recent data available. GAO reviewed relevant federal laws and regulations related to EAJA. GAO also interviewed DOL, EEOC, and NLRB agency officials and five stakeholders knowledgeable about EAJA, including attorneys and industry representatives. GAO primarily identified these stakeholders through a review of literature on EAJA and a review of available EAJA data. Stakeholders’ perspectives shared with GAO are not generalizable.
For more information, contact Thomas Costa at costat@gao.gov.