for Suffolk County - Mass Cases

of independent arbiter, but it may not divest the agency of
its role in acting as a prosecutor to investigate
violations, enforce the law, and rectify the harm. - Id., at
986-987.
B. ENFORCEMENT ACTIONS OF TIIE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION ARE NOT STAYED OR DISMISSED DUE
TO ARBITRATION PROVISIONS
The protection of an agency's prasecutorial function
finds further expression in EEOC v. Waffle House, hc., - 122
S. Ct. 754 (2002), which held that a private arbitration
agreement does not affect enforcement actions of the ELOC
nor docs it. narrow the ranye of remedies the EEOC is
entitled to seek. In Waffle House, an employee signed an
arbitration agreement at the outset o€ employment. 122 S.
Ct., at 158. Sixteen days later, the employee suffered a
seizure and was discharged soon thereafter. - Id. The
employee filed a timely handicap discrimination charge with
the EEOC, but did not initiate arbitration. - Id.
The EEOC investigated the complaint and attempted to
conciliate. I Waffle House,
Inc., 122 S. Ct. at 758. Next,
the EEOC filed an enforcement action in Federal Court in
its own name in the public interest, as it is authorized to
do by statute. Id., at 758, 759, 761. The complaint
alleged 'chat the employee was terminated because of his
disability, and requested injunctive relief to eradicate
the effects of the discrimination, and to compensate the
employee. -- Id. at 758.
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