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I have a case study and have to answer 3 question for the case. i

I have a case study and have to answer 3 question for the case. i am looking for some can help me to answer those question in the essay from. I also provide the guide how to answer them, Too busy to put them in the essay format. The is relate to sexual harassment law and some business ethics concept like utilitarianism (cost and benefit), moral dilemma, kantian model, and SIMAC.



Hooters of America, Incorporated v. Phillips


173 F. 3d 933 (1999)


Fourth Circuit Court of Appeals




A. Annette Phillips was a bartender at a Hooters restaurant franchise in


Myrtle Beach, SC (HOMB).


B. In June 1996, Gerald Brooks, an official of the parent Hooters company


and brother of the HOMB?s principal owner, sexually harassed Phillips by


grabbing her.


C. Phillips appealed to her manager who told her to ?let it go.?


D. Phillips promptly quit and threatened to sue Hooters for employment


discrimination under Title VII.


E. Phillips had signed an agreement in 1994, and again in 1995, agreeing to


arbitrate any claim for sexual harassment pursuant to the parent company?s


rules promulgated from time to time.


F. The company stated it would make those rules available upon request but


Phillips didn?t see them until after termination when her attorney


requested them.


G. After seeing the rules, Phillips refused Hooter?s demand to arbitrate.


H. Hooters filed suit first in federal district court in South Carolina to compel


arbitration under the Federal Arbitration Act. Phillips counterclaimed


against HOMB for discrimination under Title VII.


I. The district court denied Hooter?s motions to compel arbitration and to


stay proceedings on Phillip?s counterclaim against HOMB, ruling that the


arbitration agreement was unconscionable. Hooters filed an interlocutory


appeal. Amicus briefs were filed on the appeal.




A. Whether employees can agree to arbitrate Title VII discrimination claims


in pre-dispute agreements; and


B. Whether the arbitration agreement between Hooters and Phillips is binding


requiring Phillips to submit her Title VII claim to arbitration. 1 4. THE HOLDING


A. Yes. Pre-dispute agreements to arbitrate Title VII discrimination claims


are valid and enforceable.


B. No. Hooters breached its agreement to arbitrate by setting up a dispute


resolution process that was so unfair that it excuses Phillips from a duty to


arbitrate and the contract to arbitrate should be rescinded.




A. Despite the EEOC?s contention that Title VII discrimination claims are not


subject to arbitration under the Civil Rights Act, the language of that Act is


quite clear that such claims may be arbitrated.


B. Hooter?s rules viewed as a whole are ?so one-sided that their only possible


purpose is to undermine the neutrality of the proceeding:


i. Employees must give Hooters specific information about their


claims and witnesses but Hooters is not required to disclose


defenses or witnesses.


ii. Employees must pick from a panel of arbitrators that are selected


exclusively by Hooters (may be family and other managers).


iii. Hooters can expand the proceeding beyond the scope of the


employee?s claim, but employee can?t.


iv. Hooters can move for summary dismissal before hearing, but


employee can?t.


v. Hooters can seek to vacate any arbitral award in court, but


employee can?t.


vi. Hooters can cancel the arbitration agreement, but employee can?t.


vii. Hooters can modify the arbitration rules at any time without notice,


even in the middle of the arbitration proceedings.


C. Hooter?s arbitration agreement violates the contractual obligation imposed


on each party to a contract to deal in good faith.


D. Fairness objections normally should be made to the arbitrator and


reviewed after arbitration but this case in an exception because of the


severe nature of Hooter?s contract breach.


. 2


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