Arbitration dealt a blow; EEOC suits not barred: High court.(Equal Employment Opportunity Commission )(Brief Article)

Business Insurance, January, 2002 by Hofmann, Mark A.

WASHINGTON-Employers may find the use of arbitration to settle employment disputes less attractive in the aftermath of a Supreme Court decision holding that an arbitration agreement does not bar the Equal Employment Opportunity Commission ``from pursing victim-specific judicial relief'' including back pay and damages.

But the high court's 6-to-3 decision in Equal Employment Opportunity Commission vs. Waffle House Inc. by no means marks the end of arbitration agreements as a means of keeping employment disputes out of the courts, as even the EEOC chair noted in a statement issued shortly after the Jan. 15 decision. ``The ruling embraces the view that, as the agency trusted to enforce the federal statutes prohibiting discrimination in the workplace, the EEOC...

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