John T. Patzer v. Board of Regents of the University of Wisconsin System and State Department of Administration

ESCHBACH, Circuit Judge.

In this consolidated appeal of two orders of the district court we must decide whether an action for back pay under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., is barred by res judicata when the plaintiff earlier obtained administrative relief (not including back pay) which was affirmed on appeal to state court. We are also asked to decide whether plaintiff is entitled to attorneys’ fees under Title VII for successfully prosecuting his discrimination claim in state proceedings. We hold that his action for back pay is not barred by res judicata…