A federal
anti-discrimination agency may step in to win back pay or
other help for workers who have signed away the right to
sue their employers, a divided Supreme Court ruled January
15, 2002.
The
6-3 ruling clarifies the reach of the federal Equal Employment
Opportunity Commission (EEOC), and curbs the ability of
employers to keep workplace disputes out of the courts.
The
high court held that the EEOC may sue for money in federal
court on behalf of a short-order cook who was fired after
he had a seizure at work. The cook had agreed when he was
hired that any on-the-job dispute would be resolved by arbitration,
but the EEOC can ignore that agreement, Justice John Paul
Stevens wrote in the majority opinion.
The
court's decision means that in some cases the EEOC can circumvent
an arbitration agreement to do for an individual wronged
worker what the worker is unable or perhaps unwilling to
do for himself.
The
EEOC is "the master of its own case," and free
to decide for itself whether it is in the public's interest
to pursue a given lawsuit, Stevens wrote on behalf of himself
and Justices O'Connor, Kennedy, Souter, Ginsburg and Breyer.
"It
is the public agency's province, not that of the court,
to determine whether public resources should be committed
to the recovery of victim-specific relief," Stevens
wrote.
Justice
Clarence Thomas, who once headed the EEOC, dissented. The
EEOC must "take a victim of discrimination as it finds
him," Thomas wrote on behalf of himself, Chief Justice
Rehnquist and Justice Scalia .