Brooks V Phillips Arbitration Summary
ISSUE: Hooters management filed a lawsuit to compel Phillips to arbitrate a sexual claim that she threatened to take to court. According to Arbitration Act 9 U. S. C. §4, Phillips signed an agreement showing her acceptance to resolve all employment-related disagreement through arbitration. Should the courts compel Annette Phillips to consider arbitration?
FACTS: On 25th of November 1994 and in April of 1995, all employees signed the document indication acceptance to arbitration as the primary mode of resolving conflicts at work. However, none of the employees received a copy of the rules and regulations applicable to the arbitration process. The agreement meant that the arbitrary process could resolve the issues such as discrimination and sexual harassment contained in Title VII of the Civil Rights Act of 1964. In June 1996, Gerald Brooks harassed Annette Phillips sexually by grabbing and slapping her buttocks. When she complained to the manager, the manager dismissed the issue by asking her to ignore it. Gerald Brooks was the brother of the owner of the restaurant. When Phillips threatened to sue the business, the legal representatives filed a lawsuit compelling her to use arbitration in resolving the case. However, the rules and regulations in the arbitration process failed to meet the minimum threshold of neutrality. For example, the management had the right to change the rules at any time …show more content…
Mediation processes are shorter and economically friendly, hence, a proffered method. However, the process must be fair to both parties. It was unfair for the restaurant management to be in a position to control the whole process through privileges like changing the rules and selecting the members of the panel. Such actions meant that the process would favor the management by choosing people affiliated with it either through family relations or
FACTS: On 25th of November 1994 and in April of 1995, all employees signed the document indication acceptance to arbitration as the primary mode of resolving conflicts at work. However, none of the employees received a copy of the rules and regulations applicable to the arbitration process. The agreement meant that the arbitrary process could resolve the issues such as discrimination and sexual harassment contained in Title VII of the Civil Rights Act of 1964. In June 1996, Gerald Brooks harassed Annette Phillips sexually by grabbing and slapping her buttocks. When she complained to the manager, the manager dismissed the issue by asking her to ignore it. Gerald Brooks was the brother of the owner of the restaurant. When Phillips threatened to sue the business, the legal representatives filed a lawsuit compelling her to use arbitration in resolving the case. However, the rules and regulations in the arbitration process failed to meet the minimum threshold of neutrality. For example, the management had the right to change the rules at any time …show more content…
Mediation processes are shorter and economically friendly, hence, a proffered method. However, the process must be fair to both parties. It was unfair for the restaurant management to be in a position to control the whole process through privileges like changing the rules and selecting the members of the panel. Such actions meant that the process would favor the management by choosing people affiliated with it either through family relations or