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Archive for Wednesday, January 16, 2002

s right to sue upheld

January 16, 2002

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— Federal anti-discrimination and disability rights laws still apply even when job applicants sign away their rights to take workplace disputes into court, the Supreme Court ruled 6-3 Tuesday.

In a setback for employers who prefer arbitration over legal action, the court held that the Equal Employment Opportunity Commission retains the right to sue on a worker's behalf even when the worker agreed beforehand that any disagreements with this employer would be settled by binding arbitration.

The case involved Eric Baker, who was fired as a short-order cook by Waffle House Inc. in one of its South Carolina restaurants after he had a seizure at work. The EEOC can ignore the arbitration agreement signed by Baker when he filled out his job application, Justice John Paul Stevens wrote in the opinion supported by Justices Sandra Day O'Connor, Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer. The fired cook had complained to the EEOC that Waffle House violated his rights under the Americans with Disabilities Act.

Stephens wrote that the EEOC is free to decide when the public's interest is best served by filing a lawsuit.

Justice Clarence Thomas, who once headed the EEOC, led the dissenters.

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