In EEOC v. Waffle House, 99-1823, an employee, Eric Scott Baker, was fired for having a seizure on the job. Mr. Baker took his complaint to the EEOC, rather than to arbitration. The agency argued that it had made no agreement to arbitrate disputes with this employer, and that by taking the matter to court, it would help other workers. In a 6-3 decision, the high court agreed. Critics of the decision are concerned about its effect on arbitration programs, but proponents point to the tiny number of cases that the EEOC agrees to take on as proof that this decision will have little consequence for ADR in the workplace. Read the decision at http://www.supremecourtus.gov/opinions/opinions.html.
See "Supreme Court Rules in Favor of EEOC", The New York Times, January 15, 2002