If an employee has agreed to arbitrate work-related claims against his employer, can the Equal Employment Opportunity Commission (EEOC) still sue the employer in court on the employee’s behalf? If so, can the EEOC seek money damages?
The U.S. Supreme Court on Jan. 15 resolved those questions in the affirmative, at least with respect to claims under Title VII and the American With Disabilities Act. In EEOC v. Waffle House, Inc.,[1]� the Court rejected the position of several federal appeals courts, which had held that under such circumstances, the EEOC could sue but could seek only broad-based relief, not money for the individual.
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