equal employment opportunity commission waffle house argued october decided january respondent employees must sign agreement requiring employment disputes settled binding arbitration eric baker suffered seizure fired respondent filed timely discrimination charge equal employment opportunity commission eeoc alleging discharge violated title americans disabilities act ada eeoc subsequently filed enforcement suit baker party alleging respondent employment practices including baker discharge disability violated ada violation intentional done malice reckless indifference complaint requested injunctive relief eradicate effects respondent past present unlawful employment practices specific relief designed make baker whole including backpay reinstatement compensatory damages punitive damages malicious reckless conduct respondent petitioned federal arbitration act faa stay eeoc suit compel arbitration dismiss action district denied relief fourth circuit concluded arbitration agreement baker respondent foreclose enforcement action eeoc party contract independent statutory authority bring suit federal district venue proper nevertheless held eeoc limited injunctive relief precluded seeking relief faa policy favoring enforcement private arbitration agreements outweighs eeoc right proceed federal seeks primarily vindicate private rather public interests held agreement employer employee arbitrate disputes bar eeoc pursuing judicial relief backpay reinstatement damages ada enforcement action pp ada directs eeoc exercise enforcement powers remedies procedures set forth title vii civil rights act enforcing ada prohibitions employment discrimination basis disability following amendments title vii eeoc authority bring suit enjoin employer engaging unlawful employment practices pursue reinstatement backpay compensatory punitive damages title vii ada actions thus statutes unambiguously authorize eeoc obtain relief seeks prove case respondent neither statutes cases suggest existence arbitration agreement private parties materially changes eeoc statutory function remedies otherwise available pp despite faa policy favoring arbitration agreements nothing faa authorizes compel arbitration issues parties already covered agreement faa mention enforcement public agencies ensures enforceability private agreements arbitrate otherwise purport place restriction nonparty choice judicial forum pp fourth circuit based decision evaluation competing policies implemented ada faa rather language either statutes arbitration agreement baker respondent eeoc prosecute claim baker consent prayer relief dictated baker lower analysis might persuasive charge filed exact opposite true ada clearly makes eeoc master case conferring authority evaluate strength public interest stake determine whether public resources committed recovery relief moreover appeals attempt balance policy goals arbitration agreement clear language inconsistent cases holding faa require parties arbitrate agreed volt information sciences board trustees leland stanford junior eeoc party contract agreed arbitrate claims faa proarbitration policy goals require agency relinquish statutory authority pursue relief regardless forum employer employee chosen resolve disputes pp although employee conduct may effectively limit relief eeoc obtain example employee fails mitigate damages accepts monetary settlement see ford motor eeoc baker sought arbitration indication entered settlement negotiations respondent fact ordinary principles res judicata mootness mitigation may apply eeoc claims mean eeoc claim merely derivative recognized several situations eeoc stand employee shoes see occidental life ins cal eeoc context statute specifically grants eeoc exclusive authority choice forum prayer relief charge filed pp reversed remanded stevens delivered opinion kennedy souter ginsburg breyer joined thomas filed dissenting opinion rehnquist scalia joined equal employment opportunity commission petitioner waffle house writ certiorari appeals fourth circuit january justice stevens delivered opinion question presented whether agreement employer employee arbitrate disputes bars equal employment opportunity commission eeoc pursuing judicial relief backpay reinstatement damages enforcement action alleging employer violated title americans disabilities act ada stat et seq ed supp application employment respondent eric baker agreed dispute claim concerning employment settled binding arbitration condition employment prospective waffle house employees required sign application containing similar mandatory arbitration agreement see app baker began working grill operator one respondent restaurants august sixteen days later suffered seizure work soon thereafter discharged baker initiate arbitration proceedings seven years since termination file timely charge discrimination eeoc alleging discharge violated ada investigation unsuccessful attempt conciliate eeoc filed enforcement action respondent federal district district south pursuant ada ed civil rights act added stat baker party case eeoc complaint alleged respondent engaged employment practices violated ada including discharge baker disability violation intentional done malice reckless indifference federally protected rights complaint requested grant injunctive relief eradicate effects respondent past present unlawful employment practices order specific relief designed make baker whole including backpay reinstatement compensatory damages award punitive damages malicious reckless conduct app respondent filed petition federal arbitration act faa et stay eeoc suit compel arbitration dismiss action based factual determination baker actual employment contract included arbitration provision district denied motion appeals granted interlocutory appeal held valid enforceable arbitration agreement baker respondent exist proceeded consider effect binding arbitration agreement baker waffle house eeoc filed action name public interest behalf baker reviewing relevant statutes language contract concluded agreement foreclose enforcement action eeoc party contract independent statutory authority bring suit federal district venue proper nevertheless held eeoc precluded seeking relief policy goals expressed faa required giving effect baker arbitration agreement majority explained eeoc seeks relief charging party federal policy favoring enforcement private arbitration agreements outweighs eeoc right proceed federal circumstance eeoc public interest minimal eeoc seeks primarily vindicate private rather public interests hand eeoc pursuing injunctive relief balance tips favor eeoc enforcement efforts federal public interest dominates eeoc action therefore according appeals employee signed mandatory arbitration agreement eeoc remedies enforcement action limited injunctive relief several courts appeals considered issue reached conflicting conclusions compare eeoc frank nursery crafts employee agreement arbitrate affect eeoc independent statutory authority pursue enforcement action injunctive relief backpay damages federal eeoc kidder peabody allowing eeoc pursue injunctive relief federal precluding monetary relief merrill lynch pierce fenner smith nixon cert denied granted eeoc petition certiorari resolve conflict reverse ii congress directed eeoc exercise enforcement powers remedies procedures set forth title vii civil rights act enforcing ada prohibitions employment discrimination basis disability ed accordingly provisions title vii defining eeoc authority provide starting point analysis title vii enacted authorized private actions individual employees public actions attorney general cases involving pattern practice discrimination eeoc however merely authority investigate possible conciliate charges discrimination see general telephone northwest eeoc congress amended title vii authorize eeoc bring enforcement actions indeed observed amendments created system eeoc intended bear primary burden litigation amendments authorize courts enjoin employers engaging unlawful employment practices order appropriate affirmative action may include reinstatement without moreover amendments specify judicial districts actions may mention arbitration proceedings congress amended title vii allow recovery compensatory punitive damages complaining party term includes private plaintiffs eeoc amendments apply ada claims well complaining party eeoc may bring suit enjoin employer engaging unlawful employment practices pursue reinstatement backpay compensatory punitive damages thus statutes unambiguously authorize eeoc obtain relief seeks complaint prove case respondent prior amendments recognized difference eeoc enforcement role individual employee private cause action occidental life ins cal eeoc general telephone supra occidental presented question whether eeoc enforcement actions subject statutes limitations govern individuals claims engaging unsuccessful conciliation process eeoc filed suit federal district behalf female employee alleging sex discrimination granted defendant motion summary judgment ground eeoc claim time barred eeoc filed suit california statute limitations run reversed procedural structure created amendments eeoc function simply vehicle conducting litigation behalf private parties hold otherwise undermined agency independent statutory responsibility investigate conciliate claims subjecting eeoc inconsistent limitations periods general telephone eeoc sought bring discrimination claim behalf female employees general telephone facilities four without certified class representative federal rule civil procedure relying plain language title vii legislative intent behind amendments held eeoc required comply rule need look authority bring suit name purpose among others securing relief group aggrieved individuals light provisions granting eeoc exclusive jurisdiction claim days employee files charge concluded eeoc merely proxy victims discrimination enforcement suits considered representative actions subject rule backdrop decisions occidental general telephone congress expanded remedies available eeoc enforcement actions include compensatory punitive damages language statute either cases suggesting existence arbitration agreement private parties materially changes eeoc statutory function remedies otherwise available iii faa enacted stat reenacted codified title code amended since enactment title vii explained purpose reverse longstanding judicial hostility arbitration agreements existed english common law adopted american courts place arbitration agreements footing contracts gilmer lane faa broadly provides written provision contract evidencing transaction involving commerce settle arbitration controversy thereafter arising contract shall valid irrevocable enforceable save upon grounds exist law equity revocation contract employment contracts except covering workers engaged transportation covered act circuit city stores adams faa provides stays proceedings federal district courts issue proceeding referable arbitration orders compelling arbitration one party failed refused comply arbitration agreement see read provisions manifest liberal federal policy favoring arbitration agreements gilmer absent ambiguity agreement however language contract defines scope disputes subject arbitration see mastrobuono shearson lehman hutton faa proarbitration policy operate without regard wishes contracting parties nothing statute authorizes compel arbitration issues parties already covered agreement faa mention enforcement public agencies ensures enforceability private agreements arbitrate otherwise purport place restriction nonparty choice judicial forum iv appeals based decision evaluation competing policies implemented ada faa rather language text either statutes arbitration agreement baker respondent recognized eeoc never agreed arbitrate statutory claim must also recognize case eeoc party arbitration agreement eeoc independent statutory authority vindicate public interest opined permitting eeoc prosecute baker claim significantly trample strong federal policy favoring arbitration baker agreed submit claim arbitration effectuate policy distinguished injunctive relief held eeoc barred obtaining latter public interest served eeoc pursues make whole relief outweighed policy goals favoring arbitration eeoc seeks broad injunctive relief appeals view public interest overcome goals underpinning true eeoc prosecute claim baker consent prayer relief dictated baker analysis might persuasive charge filed exact opposite true statute eeoc command process eeoc exclusive jurisdiction claim days time employee must obtain letter agency prosecuting claim however eeoc files suit employee independent cause action although employee may intervene eeoc suit fact eeoc takes position may pursue claim employee behalf even employee disavowed desire seek relief brief petitioner statute clearly makes eeoc master case confers agency authority evaluate strength public interest stake absent textual support contrary view public agency province determine whether public resources committed recovery relief agency makes determination statutory text unambiguously authorizes proceed judicial forum respondent dissent contend title vii supports appeals bar relief statute limits eeoc recovery appropriate relief determined see brief respondent post thomas dissenting rely provides finding liability may enjoin respondent engaging unlawful employment practice order affirmative action may appropriate may include limited reinstatement hiring employees without back pay equitable relief deems appropriate ed emphasis added claim provision limits remedies available directs courts eeoc determine relief appropriate proposed reading flawed two reasons first plain language statute term appropriate refers subcategory claims equitable relief damages provision authorizing compensatory punitive damages separate section statute limited language dissent responds pointing phrase may recover arguing provides authority prohibiting relief see post contention highlights second error proposed reading appropriate may recover read support respondent position discretionary language constitute authorization per se rules natural reading text terms obviously refer trial judge discretion particular case order reinstatement award damages amount warranted facts case permit announce categorical rule precluding expressly authorized form relief inappropriate cases employee signed arbitration appeals wisely adopt respondent reading instead simply sought balance policy goals faa clear language title vii agreement may coherent approach inconsistent recent arbitration cases faa directs courts place arbitration agreements equal footing contracts require parties arbitrate agreed volt information sciences board trustees leland stanford junior see also prima paint flood conklin mfg purpose congress make arbitration agreements enforceable contracts faa bottom policy guaranteeing enforcement private contractual arrangements mitsubishi motors soler look first whether parties agreed arbitrate dispute general policy goals determine scope agreement ambiguities language agreement resolved favor arbitration volt override clear intent parties reach result inconsistent plain text contract simply policy favoring arbitration implicated arbitration faa matter consent coercion ambiguity one asserts eeoc party contract agreed arbitrate claims goes without saying contract bind nonparty accordingly proarbitration policy goals faa require agency relinquish statutory authority agreed even policy goals underlying faa necessitate limit eeoc statutory authority line drawn appeals injunctive relief creates uncomfortable fit avowed purpose preserving eeoc public function favoring arbitration purpose category relief overinclusive underinclusive example overinclusive punitive damages benefit individual employee also serve obvious public function deterring future violations see newport fact concerts punitive damages definition intended compensate injured party rather punish tortfeasor deter others similar extreme conduct restatement second torts punitive damages may often greater impact behavior employers threat injunction yet eeoc precluded seeking form relief appeals compromise scheme underinclusive injunctive relief although seemingly seen closely tied employees injury public interest see occidental rehnquist dissenting injunctive relief may appear broad based nonetheless redress individuals compromise solution reached appeals turns effectively forum selection clause waiver nonparty statutory remedies federal policy favoring arbitration trumps plain language title vii contract eeoc barred pursuing claim outside arbitral forum statutory language clear eeoc authority pursue relief regardless forum employer employee chosen resolve rather attempt split difference persuaded pursuant title vii ada whenever eeoc chooses among many charges filed year bring enforcement action particular case agency may seeking vindicate public interest simply provide relief employee even pursues entirely relief hold otherwise undermine detailed enforcement scheme created congress simply give greater effect agreement private parties even contemplate eeoc statutory true respondent amici argued baker conduct may effect limiting relief eeoc may obtain example failed mitigate damages accepted monetary settlement recovery eeoc limited accordingly see ford motor eeoc title vii claimant forfeits right backpay refuses job substantially equivalent one denied eeoc goodyear aerospace employee settlement rendered personal claims moot eeoc steel individuals litigated claims precluded res judicata obtaining individual relief subsequent eeoc action based claims noted goes without saying courts preclude double recovery individual general telephone question concerning validity claim character relief appropriately awarded either judicial arbitral forum presented record baker sought arbitration claim indication entered settlement negotiations respondent open question whether settlement arbitration judgment affect validity eeoc claim character relief eeoc may seek issue whether fact baker signed mandatory arbitration agreement limits remedies available eeoc text relevant statutes provides clear answer question authorize courts balance competing policies ada faa agency judgment concerning remedies authorized law shall seek given case moreover simply follow cases holding employee conduct may affect eeoc recovery eeoc claim merely derivative recognized several situations eeoc stand employee shoes see occidental eeoc comply state statutes limitations general telephone eeoc satisfy rule requirements gilmer eeoc precluded seeking classwide equitable relief behalf employee signed arbitration agreement context statute specifically grants eeoc exclusive authority choice forum prayer relief charge filed fact ordinary principles res judicata mootness mitigation may apply eeoc claims contradict decisions render eeoc proxy employee judgment appeals reversed case remanded proceedings consistent opinion ordered equal employment opportunity commission petitioner waffle house writ certiorari appeals fourth circuit january justice thomas chief justice justice scalia join dissenting holds today equal employment opportunity commission eeoc commission may obtain remedies behalf employee agreed arbitrate discrimination claims employer decision conflicts federal arbitration act faa et basic principle eeoc must take victim discrimination finds absent explicit statutory authorization contrary agree eeoc may behalf employee employee agreed accordingly affirm judgment appeals starting work grill operator respondent waffle house eric scott baker filled signed employment application application included arbitration clause providing dispute claim concerning applicant employment waffle house subsidiary franchisee waffle house terms conditions benefits employment settled binding arbitration app dispute arbitration agreement waffle house baker falls comfortably within scope faa see circuit city stores adams provides written provision contract evidencing transaction involving commerce settle arbitration controversy thereafter arising contract transaction shall valid irrevocable enforceable neither contest claims arising federal employment discrimination laws baker claim waffle house discharged violation americans disabilities act ada et seq ed supp may subject compulsory arbitration see gilmer lane holding claim arising age discrimination employment act adea et seq ed may subject compulsory arbitration therefore dispute baker signing arbitration agreement waived ability either bring ada claim waffle house consequently obtain relief forum eeoc complaint sought obtain relief baker seek asking make baker whole providing reinstatement backpay compensatory damages pay baker punitive app responses interrogatories directives produce filed day complaint eeoc stated unambiguously amounts recovered defendant employer litigation received directly baker based charge discrimination defendant employer eeoc also admitted bring ing action behalf eric scott baker allowing eeoc obtain remedies baker therefore concludes eeoc may behalf baker conclusion rests upon following premise advanced eeoc arbitration agreement employer employee may limit remedies commission may obtain title vii grants eeoc right obtain statutory remedies action brings brief petitioner eeoc contends statute clear terms authorizes obtain listed forms relief referring types relief set forth ed including injunctive relief reinstatement backpay well forms relief listed compensatory punitive damages brief petitioner endorsing eeoc position concludes statutes unambiguously authorize eeoc obtain relief seeks complaint prove case respondent ante position however inconsistent relevant statutory provision eeoc statutory right bring suit see statutory entitlement obtain particular remedy rather plain language makes clear role decide whether enjoin respondent order affirmative action may appropriate may include limited reinstatement hiring employees without back pay equitable relief deems appropriate emphasis added whether particular remedy appropriate given case question see albemarle paper moody title vii scheme implicitly recognizes may cases calling one remedy another choices course left first instance district courts selgas american airlines clear title vii case discretion fashion relief comprised equitable remedies sees appropriate parties may determine equitable remedies available congress wished give eeoc authority determine whether particular remedy appropriate clearly knew draft language effect see providing eeoc shall authority enforce prohibition employment discrimination within federal agencies appropriate remedies including reinstatement hiring employees without back pay effectuate policies section congress specifically declined grant eeoc authority empowered commission bring lawsuits private employers original house version original senate version equal employment opportunity act granted eeoc powers similar possessed national labor relations board adjudicate complaint implement remedy see reprinted legislative history equal employment opportunity act pp bills amended however reached floor houses congress replace authority power prosecute action see cong rec cong rec statutory scheme enacted congress thus entitles neither eeoc employee upon filing lawsuit obtain particular remedy establishing employer discriminated violation cases governs provision unambiguously requires determine relief appropriate particular ii congress given eeoc authority usurp traditional role courts determine constitutes appropriate relief given case necessary examine whether appropriate allow eeoc obtain relief baker notwithstanding fact baker signing arbitration agreement waived ability seek relief behalf judicial forum two reasons conclude appropriate allow eeoc behalf baker baker precluded begin eeoc litigates obtain relief behalf particular employee commission must take individual finds whether eeoc employee files particular lawsuit employee ultimate beneficiary relief relevance employee circumstances therefore change simply eeoc rather employee litigating case must consider circumstances fashioning appropriate result eeoc ability obtain relief often limited actions employee whose behalf commission may wish bring lawsuit employee signs agreement waive settle discrimination claims employer example eeoc may recover relief employee behalf see eeoc cosmair eeoc goodyear aerospace see also eeoc guidance waivers ada civil rights laws eeoc compliance manual bna apr hereinafter eeoc compliance manual recognizing valid waiver settlement agreement precludes eeoc recovering relief employee addition employee fails mitigate damages limits ability obtain relief whether files lawsuit eeoc files action behalf see ford motor eeoc employee unilateral attempt pursue discrimination claim may also limit eeoc ability obtain relief employee rejects merits claim private lawsuit brought employee example res judicata bars eeoc recovering relief behalf employee later action see eeoc harris chernin aforementioned situations general principle applies extent eeoc seeking relief particular employee able obtain relief employee employee recover bringing lawsuit eeoc therefore able obtain relief baker lawsuit baker waived right seek relief judicial forum signing arbitration agreement concludes eeoc claim merely derivative employee claim argues recognized several situations eeoc stand employee shoes see ante opinion however attacks straw man case turn whether eeoc claim wholly derivative employee claim like appeals question eeoc ability seek declaratory injunctive relief case particular employee baker able pursue relief rather dispute turns whether eeoc ability obtain relief dependent upon victim ability obtain relief claims three cases support argument eeoc claim merely derivative employee claim see gilmer lane occidental life ins cal eeoc actual nature dispute properly understood however apparent cases support position none suggests eeoc allowed recover relief behalf employee waived ability obtain relief signing valid arbitration agreement gilmer example addressed whether arbitration procedures inadequate discrimination cases allow broad equitable relief class actions rejecting argument noted valid arbitration agreements preclude eeoc bringing actions seeking equitable relief ibid conspicuously absent opinion however suggestion eeoc obtain relief behalf employee signed valid arbitration agreement cf ibid similarly general telephone held lawsuits filed eeoc considered representative actions federal rule civil procedure reaching conclusion noted eeoc merely proxy victims discrimination sure agree extent eeoc seeks declaratory equitable relief commission undoubtedly acts representative specific employee vindicate public interest preventing employment discrimination ibid neither dual function anything general telephone detracts proposition eeoc seeks secure relief may obtain relief individual individual obtain even eeoc recognizes dual nature see eeoc compliance manual citing general telephone supra compliance manual eeoc every charge filed eeoc carries two potential claims relief charging party claim individual relief eeoc claim vindicate public interest preventing employment discrimination eeoc compliance manual reason private agreement eliminate individual right personal recovery interfere eeoc right enforce ada seeking relief benefit public victims employer unlawful practices validly waived claims final case cited occidental life ins eeoc held state statutes limitations apply lawsuits brought eeoc nlike typical litigant statute limitations might appropriately run eeoc required law refrain commencing civil action discharged administrative duties also noted statute limitations issue case circumstances directly conflict timetable administrative action expressly established act precluding eeoc seeking remedies behalf employee signed arbitration agreement however way impede commission discharging administrative duties directly conflict provision statute fact result entirely consistent federal policy underlying decision occidental employment discrimination claims resolved quickly see inappropriate allow eeoc obtain relief behalf baker case contravene liberal federal policy favoring arbitration agreements embodied faa see moses cone memorial hospital mercury constr terms faa waffle house arbitration agreement baker valid enforceable see part supra reasons however faa implicated case eeoc party arbitration agreement goes without saying contract bind nonparty ante analysis entirely misses point relevant question whether eeoc bound baker agreement arbitrate rather whether give effect arbitration agreement waffle house baker whether instead allow eeoc reduce arbitration agreement nullity believe faa compels former allowing eeoc pursue relief behalf baker circumstances eviscerates baker arbitration agreement waffle house liberates baker consequences agreement waffle house gains nothing anything worse cases eeoc brings enforcement action continue utilize arbitration agreements future face prospect defending two different forums two different parties seeking precisely relief face eeoc employee arbitral forum decide whether arbitral judgment affect validity eeoc claim character relief eeoc may seek ante given reasoning opinion however proverbial handwriting wall eeoc indeed master case ante see employee independent decision pursue arbitral proceedings affect validity eeoc claim later case determine unfavorable arbitral judgment employee precludes eeoc seeking similar relief employee jurisprudence stand following proposition eeoc may seek relief employee signed arbitration agreement unless employee decides rather abide agreement arbitrate claim reconciling result faa however seem impossible task make mockery rationale underlying holding eeoc master case ibid assuming means says arbitral judgment preclude eeoc claim relief going forward courts adjust damages awards avoid double recovery see ante employee instance able recover arbitration later concludes action brought eeoc employee actually entitled damages one assumes award eeoc additional give employee suppose however situation reversed arbitrator awards employee later determines employee entitled damages required order employee return employer seriously doubt decision thus places employers utilizing arbitration agreements serious disadvantage employees allowed two bites apple one arbitration one litigation conducted eeoc able benefit favorable two rulings result however discourages use arbitration agreements thus completely inconsistent policies underlying faa explicitly decides today whether fact baker signed mandatory arbitration agreement limits remedies available eeoc opinion sets path logical principled stopping point example statute clearly makes eeoc master case ante filing charge puts commission command process likely decision employee decision enter settlement agreement employer longer preclude eeoc obtaining relief employee suggests ordinary principles mootness may apply eeoc claims ante observation given reasoning opinion seems largely beside point go without saying mootness principles apply eeoc claims instance eeoc settles claims employer commission obviously continue pursue claims employee settlement agreement employer however moot action brought eeoc preclude eeoc seeking relief rather settlement may limit eeoc ability obtain relief employee signing settlement agreement see goodyear aerospace real question addressed decision today whether employee enter agreement employer limits relief eeoc may seek employee behalf view employee compromise eeoc ability obtain particular remedies signing arbitration agreement see employee may permitted exact thing signing settlement agreement see scherk noting one purpose faa place arbitration agreements upon footing contracts citation omitted reasoning example forecloses argument inappropriate award relief case employee already settled claim statutory provision according permit announce categorical rule precluding expressly authorized form relief inappropriate cases employee signed arbitration agreement surely constitute authorization per se rul barring eeoc obtaining remedies behalf employee signed valid settlement agreement ante unfortunately therefore likely logic opinion eeoc able seek relief behalf employees already settled claims result however contradict suggestion gilmer employment discrimination disputes settled without eeoc involvement importantly discourage employers entering settlement agreements thus frustrate congress desire expedite relief victims discrimination see ford motor eeoc occidental life resolve employment discrimination disputes see encouraging alternative means dispute resolution including settlement negotiations avoid litigation ada iii rather allowing eeoc undermine valid enforceable arbitration agreement employer employee manner sanctioned today choose different path stated courts liberty pick choose among congressional enactments two statutes capable duty courts absent clearly expressed congressional intention contrary regard effective pittsburgh lake erie railway labor executives case think eeoc statutory authority enforce ada easily reconciled faa congress indicated ada enforcement scheme interpreted manner undermines faa rather two separate places congress specifically encouraged use arbitration resolve disputes ada first ada congress stated appropriate extent authorized law use alternative means dispute resolution including settlement negotiations conciliation facilitation mediation factfinding minitrials arbitration encouraged resolve disputes arising chapter emphasis added second congress used virtually identical language encourage use arbitration resolve disputes ada civil rights act see pub stat eeoc contends provisions apply dispute commission signed arbitration agreement waffle house provisions encourage arbitration parties consented arbitration reply brief petitioner remarkably eeoc time questions whether even statutory authority take step see brief petitioner result eeoc view seems congress encouraged use arbitration resolve disputes ada situations eeoc wish bring enforcement action limiting principle however nowhere found use arbitration resolve disputes ada clearly authorized law see part supra consequently see indication congress intended grant eeoc authority enforce ada manner undermines valid enforceable arbitration last years expanded reach scope faa holding instance statute applies even claims state contrary state statutes see terminix dobson southland keating always agreed jurisprudence area see supra thomas dissenting seems good goose good gander impose faa upon absence indication congress intended result see southland supra dissenting yet refuse interpret federal statute manner compatible faa especially congress expressly encouraged claims federal statute resolved arbitration given utter lack statutory support holding conclude decision today rooted notion employment discrimination claims treated differently claims context arbitration thought however decisively repudiated principle gilmer see holding arbitration agreements enforced without contravening important social policies furthered adea reasons respectfully dissent footnotes agreement parties agree dispute claim concerning applicant employment waffle house subsidiary franchisee waffle house terms conditions benefits employment including whether dispute claim arbitrable settled binding arbitration arbitration proceedings shall conducted commercial arbitration rules american arbitration association effect time demand arbitration made decision award arbitrator made said rules shall exclusive final binding parties heirs executors administrators successors assigns costs expenses arbitration shall borne evenly parties app evidence employment practices alleged complaint yet presented course express opinion merits eeoc case note one hand state human rights commission also investigated baker claim found basis suit hand eeoc chooses file suit response small number many charges received year see infra keeping normal appellate practice cases arising pleading stage assume arguendo eeoc case meritorious one member panel dissented agreed district matter fact arbitration clause included baker actual contract employment section provides powers remedies procedures set forth sections title shall powers remedies procedures subchapter provides commission attorney general person alleging discrimination basis disability violation provision chapter regulations promulgated section title concerning employment injunctions appropriate affirmative action equitable relief accrual back pay reduction back pay limitations judicial orders finds respondent intentionally engaged intentionally engaging unlawful employment practice charged complaint may enjoin respondent engaging unlawful employment practice order affirmative action may appropriate may include limited reinstatement hiring employees without back pay payable employer employment agency labor organization case may responsible unlawful employment practice equitable relief deems appropriate back pay liability shall accrue date two years prior filing charge commission interim earnings amounts earnable reasonable diligence person persons discriminated shall operate reduce back pay otherwise allowable section provides district place subject jurisdiction shall jurisdiction actions brought subchapter action may brought judicial district state unlawful employment practice alleged committed judicial district employment records relevant practice maintained administered judicial district aggrieved person worked alleged unlawful employment practice respondent found within district action may brought within judicial district respondent principal office purposes sections title judicial district respondent principal office shall cases considered district action might brought framework assumes federal policy favoring arbitration undermined unless eeoc remedies limited failed consider however benefits arbitration already built eeoc statutory duties unlike individual employees eeoc pursue claim without first engaging conciliation process thus eeoc ever filed suit case attempted reach settlement respondent also neglected take account eeoc files suit small fraction charges employees file example fiscal year eeoc received charges employment discrimination although eeoc found reasonable cause charges filed lawsuits intervened others equal employment opportunity commission enforcement statistics litigation visited http contrast employment discrimination lawsuits filed see administrative office judicial business courts table numbers suggest eeoc files less two percent antidiscrimination claims federal indeed even among cases finds reasonable cause eeoc files suit less five percent cases surely permitting eeoc access relief cases employee agreed binding arbitration yet brought claim arbitration negligible effect federal policy favoring arbitration justice thomas notes interpretation title vii faa depend many cases eeoc chooses prosecute particular year see post dissenting opinion yet dissent predicts holding reduce arbitration agreement nullity post discourag use arbitration agreements post discourage employers entering settlement agreements post claims highly implausible given eeoc litigation practice past years speculating impact decision might behavior employees employers think worth recognizing eeoc files suit less one percent charges filed year justice thomas implicitly recognizes distinction qualifying description courts role determining appropriate relief given case particular case see post appeals holding limited holding eeoc may pursue relief specific individuals waived right judicial forum volt parties construction contract agreed arbitrate disputes relating contract specified california law apply one party sought compel arbitration invoked california statute authorizes stay arbitration pending resolution related litigation third parties bound agreement inconsistent rulings possible concluded faa california statute faa confer right compel arbitration dispute time confers right obtain order directing arbitration proceed manner provided parties agreement quoting similarly faa enables respondent compel baker arbitrate claim expand range claims subject arbitration beyond provided agreement decision mastrobuono shearson lehman hutton inconsistent position mastrobuono reiterated clear contractual language governs interpretation arbitration agreements provision case ambiguous read agreement favor arbitration faa rules distinguished volt ground reviewing federal construction contract regardless standard review case appeals recognized eeoc bound agreement much clear volt mastrobuono direct courts respect terms agreement without regard federal policy favoring arbitration held federal statutory claims may subject arbitration agreements enforceable pursuant faa agreement determines choice forum cases recognized agreeing arbitrate statutory claim party forgo substantive rights afforded statute submits resolution arbitral rather judicial forum mitsubishi motors soler gilmer lane extent appeals construed employee agreement submit claims arbitral forum waiver substantive statutory prerogative eeoc enforce claims whatever relief whatever forum eeoc sees fit obscured crucial distinction ran afoul precedent injunctive relief remedy available employee signed arbitration agreement little incentive file charge eeoc greater percentage work force becomes subject arbitration agreements condition employment see voluntary arbitration worker disputes endorsed groups wall june reporting american arbitration association estimates million employees covered arbitration agreements designating administer arbitration proceedings pool charges eeoc choose cases best vindicate public interest likely get smaller become distorted generally reluctant approve rules may jeopardize eeoc ability investigate select cases broad sample claims cf eeoc shell oil crucial commission ability investigate charges systemic discrimination impaired occidental life ins cal eeoc footnotes admittedly case involves claim ada gilmer addressed compulsory arbitration context adea nevertheless see reason employee required abide agreement arbitrate ada claim assessing whether congress precluded enforcement arbitration agreement respect particular statutory claim held party held arbitration agreement unless congress evinced intention preclude waiver judicial remedies statutory rights issue mitsubishi motors soler text ada suggest congress intended ada claims fall outside purview faa indeed ada expressly encourages use arbitration forms alternative dispute resolution rather litigation resolve claims statute appropriate extent authorized law use alternative means dispute resolution including settlement negotiations conciliation facilitation mediation factfinding minitrials arbitration encouraged resolve disputes arising act eeoc prayer relief also requested enjoin waffle house engaging discriminatory employment practice asked order waffle house institute policies practices programs provide equal employment opportunities qualified individuals disabilities eradicate effect past present unlawful employment practices app appeals concluded baker arbitration agreement preclude eeoc seeking relief waffle house appealed ruling see although eeoc complaint alleged waffle house engaged unlawful employment practices violation ada mentioned instances discriminatory conduct part waffle house discharge baker app emphasis added title ada expressly incorporates powers remedies procedures set forth title vii includes procedures applicable enforcement actions well equitable relief available eeoc also points title vii gives eeoc individual victim discrimination choice forum eeoc files enforcement action see since statute gives victim say matter eeoc argues employee signing arbitration agreement able effectively negate ex ante eeoc statutory authority choose forum brings suit brief petitioner wisely rely heavily argument since nothing appeals decision prevents eeoc choosing file suit appropriate judicial district set forth rather appeals holding limits remedies eeoc may obtain decides institute judicial action see fact implicitly admits much contradicting earlier assertion statutes unambiguously authorize eeoc obtain relief seeks complaint prove case respondent ante emphasis added later concludes statutory scheme gives trial judge discretion particular case order reinstatement award damages amount warranted facts case ante similarly eeoc authority obtain legal remedies also greater employee acting behalf title enacted part civil rights act pub stat provides eeoc employee may recover compensatory punitive damages addition forms relief authorized emphasis added nothing however alters fundamental proposition judiciary determine relief relief plaintiffs may recover statute particular plaintiff entitled statutory language purport grant eeoc employee absolute right obtain damages every case proven discrimination despite operation legal doctrines time bar accord satisfaction case binding agreement arbitrate agree order determine whether particular remedy appropriate necessary examine specific facts case hand see ante reason statutory scheme permit us announce categorical rule barring lower courts ever awarding form relief expressly authorized statute set facts arises different cases however cases adjudicated consistent manner therefore surely may specify particular circumstances inappropriate trial courts award certain types relief remedies eeoc consistently recognized commission represents individual employees files action case instance eeoc stated answers interrogatories brought action behalf eric scott baker see part supra moreover eeoc maintained numerous cases attorneys relationship charging parties communications charging parties therefore privileged see eeoc johnson higgins dist lexis sdny eeoc mcdonnell douglas supp ed mo recognized remedies also serve public goals antidiscrimination statutes see mckennon nashville banner publishing nevertheless eeoc seeking remedies serving public interest extent employee seeking relief litigation arbitration also serving public interest eeoc seeking broader relief unique role vindicating public interest comes fore commission motivation secure relief likely greater individual employee may primarily concerned securing relief also reasons faa enables respondent compel baker arbitrate claim expand range claims subject arbitration beyond provided ment ante explain however eeoc ada claim baker behalf differs meaningful respect ada claim baker compelled submit arbitration vast majority cases individual employee arbitral proceeding resolved parallel action brought eeoc see maltby private justice employment arbitration civil rights colum human rights rev reporting arbitration average employment discrimination case resolved nine months average employment discrimination case filed federal district resolved almost two years provision appropriate extent authorized law use alternative means dispute resolution including settlement negotiations conciliation facilitation mediation factfinding minitrials arbitration encouraged resolve disputes arising acts provisions federal law amended title among acts provisions federal law amended civil rights act ada see pub stat see relevance suggestion decision negligible effect federal policy favoring arbitration eeoc brings relatively lawsuits ante view either eeoc authorized statute undermine valid enforceable arbitration agreements one issue case one read commission enforcement authority faa harmonious manner jurisprudence proper interpretation relevant statutes depend many cases eeoc chooses prosecute particular year simply see statutory basis implication eeoc authority undermine valid enforceable arbitration agreements long commission opts interfere relatively limited number agreements