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Hooters of America, Inc. v. Phillips, 173 F.3d 933 (4th Cir. April 8, 1999)

Keywords: Arbitration agreement (unenforceable)

Introduction: Hooters filed suit against Annette Phillips seeking to compel her to pursue her sexual harassment claim in arbitration. The district court refused to compel arbitration. The Fourth Circuit affirms.

Facts: Phillips, a bartender at a Hooters restaurant in Myrtle Beach, South Carolina, quit after a Hooters official allegedly sexually harassed her. Prior to quitting, she had signed an arbitration agreement which applied to any Title VII claims. But she was not provided a copy of the rules and procedures for arbitration promulgated by Hooters.

Law:

1. The rules and procedures for arbitration promulgated by Hooters are so one-sided as to render the agreement to arbitrate unenforceable.

2. Click here to see actual case.