In a FEHA suit, a prevailing defendant may not recover its fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(b).)  The employer may compel arbitration of FEHA claims, but only if the arbitrator may award any remedy a court could award in the action.  Here, the employer’s arbitration clause allowed a fee award to the party that prevailed on a motion to compel arbitration.  This decision holds that the prevailing defendant cannot be awarded attorney fees in that context unless the employee’s opposition to the motion to compel arbitration was frivolous, unreasonable, or groundless.