Facts Annette R. Phillips, an employee at Hooters restaurant in myrtle Beach, entropy Carolina, quit after Gerald Brooks, a Hooters official and brother of the Hooters of Myrtle Beach primary owner, purportedly sexually harassed her by grabbing and slapping her buttocks in June of 1996.Phillips quit her job after she petitioned her coach for help and was told to let it go. Shortly after, Phillips threatened to sue Hooters in court, claiming that her statute title septenary rights had been violated. Hooters responded that she was required to submit her claims to arbitrement collectible to the fact that prior to quitting she had signed an arbitration commensurateness, composed by Hooters, which specified the proceedings in regard to Title VII claims.
In 1994, Hooters engineered an alternative dispute resolution syllabus; this program entailed the agreement that both Hooters and the employees arbitrate employment related disputes correspond to the rules put forth by Hooters. Phillips signed the agreement on November 25, 1994 and again in April of 1995. However, Phillips was never provided with a copy of the rules and procedures for arbitration proclaimed by Hooters. Consequently, Phillips refused to arbitrate the dispute.
History In November of 1996, Hooters (D) preemptively filed fount to force Phillips (P) to comply with arbitration under the Federal arbitration Act, 9 U.S.C. 4. P disputed their claims on the basis that the agreement to arbitrate was unenforceable. P filed individual and class counterclaims against D for violations of Title VII and for a declaration that the arbitration agreements were unenforceable against the class. In response, D requested that the partition court halt make headway legal process on the counterclaims until after arbitration as required by 9 U.S.C. 16. In March of 1998, the district court rejected this request on the basis that there was no meeting of the minds on all of the material basis of the...If you want to get a full essay, order it on our website: Orderessay
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