The U.S. Supreme Court case Independent Federation of Flight Attendants v. Zipes et al., 1988, revolved around the issue of whether a victorious defendant in a Title VII case could be awarded attorney's fees against an intervening party without showing that the intervenor's action was frivolous, unreasonable or without foundation. The court held that such fees may not be assessed against an unsuccessful plaintiff unless it is found that their claim was frivolous, unreasonable or groundless, and this standard applies to all parties including those who intervene as plaintiffs under Title VII. This decision reversed the judgement by lower courts which had ordered Independent Federation of Flight Attendants (IFFA) to pay legal costs for TWA after IFFA unsuccessfully challenged TWA’s seniority system on behalf of its members.

In the dissenting opinion for Independent Federation of Flight Attendants v. Zipes et al., Justice Blackmun argued that the majority's decision was inconsistent with Title VII’s purpose and precedent. He contended that innocent, non-party employees should not bear the burden of an employer's unlawful discrimination. The majority ruling allowed employers to shift their financial responsibility onto these innocent parties by requiring them to pay attorney fees when they intervene in a lawsuit against discriminatory practices, even if they did not cause or contribute to those practices. According to Justice Blackmun, this interpretation could discourage victims from seeking legal remedies due to fear of potential financial burdens imposed on them as intervenors in such cases.