Equal Employment Opportunity Commission v. Waffle House, Inc. — Thomas, J., dissenting

Summary

Justice Thomas, joined by the Chief Justice and Justice Scalia, dissented from allowing the EEOC to obtain victim-specific remedies for an employee who had agreed to arbitrate his discrimination claim. The dissent reasoned that the EEOC must take the employee as it finds him, that the governing remedial statute leaves the appropriateness of relief to the court, and that permitting the requested relief would undermine the Federal Arbitration Act. Justice Thomas would have affirmed the Court of Appeals, which allowed broad-based relief but restricted victim-specific remedies. No separate opinions were provided.