'Waffle House': Long View

National Law Journal

In EEOC v. Waffle House Inc., the Supreme Court recently ruled that an arbitration agreement between an employer and an employee does not restrict the Equal Employment Opportunity Commission’s (EEOC’s) ability to pursue claims on behalf of an individual employee. Though Waffle House is a short-term setback for employers because it permits the EEOC to trump private arbitration agreements even with respect to individual relief, it may do more than any other decision to make ADR and compulsory arbitration the most common methods of resolving workplace disputes.  Littler discusses the case's advancement through the courts and the implications of the EEOC's new oversight role.

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