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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 Brief 1. CASE NAME, CITATION AND COURT
Hooters of America, Incorporated v. Phillips
173 F. 3d 933 (1999)
Fourth Circuit Court of Appeals
2. SUMMARY OF KEY FACTS
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
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
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.
3. THE ISSUES
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.
5. SUMMARY OF THE COURT?S REASONING
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
v. Hooters can seek to vacate any arbitral award in court, but
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.
This question was answered on: Feb 21, 2020
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