EEOC v. Waffle House, Inc., 534 U.S. 279, 29 (2002)

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Cite as: 534 U. S. 279 (2002)

Thomas, J., dissenting

no more relief for an individual than the individual could obtain for himself.

Even the EEOC recognizes the dual nature of its role.9 See EEOC Compliance Manual N:2346 (citing General Telephone, supra, at 326). In its compliance manual, the EEOC states that "every charge filed with the EEOC carries two potential claims for relief: the charging party's claim for individual relief, and the EEOC's claim to 'vindicate the public interest in preventing employment discrimination.' " EEOC Compliance Manual N:2346. It is for this reason that "a private agreement can eliminate an individual's right to personal recovery, [but] it cannot interfere with EEOC's right to enforce . . . the ADA . . . by seeking relief that will benefit the public and any victims of an employer's unlawful practices who have not validly waived their claims." Id., at N:2347.10

In the final case cited by the Court, Occidental Life Ins. Co. v. EEOC, this Court held that state statutes of limita-9 The EEOC has consistently recognized that the Commission represents individual employees when it files an action in court. In this case, for instance, the EEOC stated in its answers to interrogatories that it brought this action "on behalf of Eric Scott Baker." See Part I, supra. Moreover, the EEOC has maintained in numerous cases that its attorneys have an attorney-client relationship with charging parties and their communications with charging parties are therefore privileged. See, e. g., EEOC v. Johnson & Higgins Inc., 78 FEP Cases 1127 (SDNY 1998); EEOC v. McDonnell Douglas Corp., 948 F. Supp. 54 (ED Mo. 1996).

10 This Court has recognized that victim-specific remedies also serve the public goals of antidiscrimination statutes. See, e. g., McKennon v. Nashville Banner Publishing Co., 513 U. S. 352, 357-358 (1995). Nevertheless, when the EEOC is seeking such remedies, it is only serving the public interest to the extent that an employee seeking the same relief for himself through litigation or arbitration would also be serving the public interest. It is when the EEOC is seeking broader relief that its unique role in vindicating the public interest comes to the fore. The Commission's motivation to secure such relief is likely to be greater than that of an individual employee, who may be primarily concerned with securing relief only for himself.

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