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E.E.O.C. v. WAFFLE HOUSE, INC.

No. 98-1502.

193 F.3d 805 (1999)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. WAFFLE HOUSE, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1999.

Attorney(s) appearing for the Case

ARGUED: Stephen Floyd Fisher, Jackson, Lewis, Schnitzler & Krupman, Greenville, South Carolina, for Appellant. Robert John Gregory, Equal Employment Opportunity Commission, Washington, D.C., for Appellee. ON BRIEF: Paul B. Lindemann, Jackson, Lewis, Schnitzler & Krupman, Greenville, South Carolina, for Appellant. C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellee.

Before NIEMEYER and KING, Circuit Judges, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LEE joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of first impression in this circuit whether and to what extent the Equal Employment Opportunity Commission ("EEOC"), in prosecuting a suit in its own name, is bound by a private arbitration agreement between the...

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