Hooters vs. Phillips

Hooters of America, Incorporated v. Annette R. Phillips Facts Annette R. Phillips, an employee at Hooters restaurant in myrtle Beach, stochasticity 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 autobus 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 due to the fact that prior to quitting she had signed an arbitrament commensurateness, composed by Hooters, which specified the proceedings in regard to call sevensome claims. In 1994, Hooters engineered an alternative dispute resolution syllabus; this curriculum entailed the reason that both Hooters and the employees arbitrate employme nt related disputes equip 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 arbitrament proclaimed by Hooters. Consequently, Phillips refused to arbitrate the dispute.

History In November of 1996, Hooters (D) preemptively filed sheath to force Phillips (P) to comply with arbitrement under the Federal arbitration Act, 9 U.S.C. 4. P disputed their claims on the foundation garment that the agreement to arbitrate was unenforceable. P filed individual and class countercl aims against D for violations of Title VII a! nd for a declaration that the arbitration agreements were unenforceable against the class. In response, D requested that the partition court halt come to headway legal process on the counterclaims until after arbitration as required by 9 U.S.C. 16. In inch of 1998, the district court rejected this request on the basis that there was no meeting of the minds on all of the tangible basis of the...If you want to get a full essay, station it on our website: OrderCustomPaper.com

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