Hooters vs. Phillips

Hooters of America, Incorporated v. Annette R. Phillips Facts Annette R. Phillips, an employee at Hooters restaurant in myrtle Beach, haphazardness 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 rig 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 collectable to the fact that prior to quitting she had signed an arbitrament commensurateness, composed by Hooters, which specified the proceedings in regard to claim 7 claims. In 1994, Hooters engineered an alternative dispute resolution syllabus; this design entailed the proportionateness that both Hooters and the employees arbitrate emplo yment related disputes scoff 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 facial expression to force Phillips (P) to comply with arbitration under the Federal arbitration Act, 9 U.S.C. 4. P disputed their claims on the background that the agreement to arbitrate was unenforceable. P filed individual and class co unterclaims against D for violations of Titl! e VII and for a declaration that the arbitration agreements were unenforceable against the class. In response, D requested that the partition court halt confine headway legal process on the counterclaims until after arbitration as required by 9 U.S.C. 16. In b piece district of 1998, the district court rejected this request on the basis that there was no meeting of the minds on all of the temporal basis of the...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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