Labor & Employment Law Daily Wrap Up, REPORTS—GAO finds limited use of Equal Access to Justice Act at federal agencies, (Aug 13, 2026)
Organizations Mentioned:Employee Benefits Security Administration | Government Accountability Office
By Patricia K. Ruiz, J.D.
The review shows few awards at DOL and the NLRB but none at the EEOC, while stakeholders cite both access and eligibility concerns.
A Government Accountability Office (GAO) review found that the Equal Access to Justice Act (EAJA) was used infrequently at the Department of Labor (DOL), National Labor Relations Board (NLRB), and Equal Employment Opportunity Commission (EEOC) between fiscal years 2019 and 2025, even as federal agencies collectively reported about 15,000 awards annually. The report found that DOL and the NLRB each reported 11 EAJA awards during the period, while the EEOC reported none. Stakeholders interviewed by GAO said the statute can help parties pursue claims against the federal government, but they also described challenges related to eligibility requirements and recovering legal fees.
Federal EAJA awards concentrated at SSA and VA. Congress enacted EAJA in 1980 to allow certain prevailing parties to recover legal fees and expenses in cases against the federal government under specified circumstances. To qualify, a party generally must prevail against the government, meet statutory net-worth and eligibility requirements, and establish that the government's position was not substantially justified.
According to data reported to the Administrative Conference of the United States (ACUS), federal agencies reported an average of about 15,000 EAJA awards annually from fiscal years 2019 through 2025, with combined annual award amounts averaging more than $116 million. Nearly all awards during that period were reported by the Social Security Administration (SSA) and the Department of Veterans Affairs (VA). Federal agencies reported 15,406 EAJA awards totaling about $128.6 million in fiscal year 2025, compared with 8,334 awards totaling about $58.8 million in fiscal year 2019.
DOL awards. GAO found that DOL reported 11 EAJA awards totaling $547,601 from fiscal years 2019 through 2025. The agency reported one award in fiscal years 2019, 2020, 2023, and 2025; four awards in 2021; three in 2022; and none in 2024. According to ACUS data cited by GAO, eight of the 11 DOL awards involved the Office of Foreign Labor Certification, two involved the Employee Benefits Security Administration, and one involved the Wage and Hour Division. Ten awards arose from civil court cases, and one arose from an agency administrative proceeding. Eight were made through settlement agreements, two were awarded by a court, and one by an administrative law judge.
GAO said DOL officials were unable to readily provide historical EAJA data for fiscal years 1995 through 2018 because the office that maintained the information was no longer operating or staffed and compiling the data would require significant resources.
NLRB awards. The NLRB reported 11 EAJA awards totaling $436,913 between fiscal years 2019 and 2025. The agency reported five awards in 2019, one each in 2022 and 2023, and two awards in each of fiscal years 2024 and 2025. It reported no awards in 2020 or 2021. All 11 NLRB awards arose from civil court cases and all were made through settlement agreements, according to the report. NLRB officials told GAO that agency cases rarely involve EAJA because most unfair labor practice matters are dismissed, withdrawn or resolved through settlements. For the period before renewed federal reporting requirements took effect in 2019, NLRB officials identified four EAJA awards totaling about $224,000 between fiscal years 2012 and 2018, and 12 denied EAJA requests.
EEOC awards. The EEOC reported no EAJA awards from fiscal years 2019 through 2025. Agency officials told GAO that its cases rarely involve EAJA because many matters arise under statutes that already contain fee-shifting provisions, including Title VII of the Civil Rights Act of 1964. Officials said some Age Discrimination in Employment Act cases could potentially qualify for EAJA, but no awards were made during the review period. EEOC officials identified two historical EAJA awards before 2019, one for $4,246, and another for $90,000. They also reported seven denied requests and two withdrawn requests during that earlier period.
Stakeholders cite access-to-justice benefits. All five stakeholders interviewed by GAO identified benefits associated with EAJA. Two attorneys said the statute enabled them to represent clients who otherwise could not afford to pursue matters against the federal government. Another attorney said the prospect of recovering legal fees allowed the attorney's organization to challenge federal labor rules despite budget constraints.
GAO noted that the stakeholders' observations were not specific to DOL, EEOC, or NLRB proceedings and were based on interviews with four attorneys and one industry representative.
Eligibility and fee recovery. All five stakeholders also described challenges associated with EAJA. Four cited difficulties meeting eligibility requirements, including establishing that a party prevailed against the federal government and demonstrating that the government's position was not substantially justified. One attorney told GAO that courts' interpretation of the "prevailing party" requirement had narrowed over time.
Four stakeholders said the requirement that the government's position lack substantial justification can make awards difficult to obtain even after a party prevails. One attorney said that requirement discouraged formal EAJA requests in many cases because the government faces a relatively low burden in defending its position as substantially justified.
Three stakeholders cited challenges recovering legal fees. Two attorneys said formal award requests can be time-consuming and financially risky, particularly when an agency may successfully argue its position was substantially justified. The attorneys said parties often negotiate attorney fees through settlement agreements instead of pursuing formal EAJA applications.
Two attorneys also raised concerns about EAJA's attorney-fee reimbursement rate, which is generally capped at $125 per hour absent certain exceptions. According to the report, one attorney said the rate is lower than market rates and reimbursement levels available under some other fee-shifting statutes, while another said the lower rate could deter efforts to seek EAJA recovery.
Methodology. GAO reviewed laws, regulations, case law, and legislative documents, analyzed ACUS data covering fiscal years 2019 through 2025; interviewed officials from DOL, the EEOC, and the NLRB; and conducted interviews with five stakeholders selected from a broader pool of potential participants. GAO said it determined the ACUS data were sufficiently reliable for describing the number and amounts of EAJA awards governmentwide and at the three agencies.
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