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Circuit City's Arbitration Agreement Is Unenforceable. The Ninth Circuit Court of Appeals has ruled that Circuit
City's arbitration agreement that was imposed as a mandatory condition
of employment is unenforceable because: (1) it required only the employee
to submit all claims to arbitration and (2) it deprived the employee of
statutory remedies, including damages. Circuit City Stores, Inc. v.
Adams EEOC Decision And Order Ruled Inadmissable At Trial. The Ninth Circuit held that an EEOC Decision and Order finding a Title VII violation was properly excluded as evidence at trial where the parties stipulated to liability and the only issue remaining was damages. Amantea-Cabrera v. Potter. An Employer Who Refused To Arbitrate Cannot Defend Lawsuit By Claiming Employee Failed To Exhaust Remedies. The Ninth Circuit held that where an employer rejects grievance procedures established in a collective bargaining agreement, the employee is relieved of the requirement to exhaust administrative remedies. Sidhu v. Flecto Company, Inc. National Guard Duty Absences May Have Been A Motivating Factor In Firing Employee, Precluding Summary Judgment. Even though an employee's absence from work was not necessitated by his National Guard duty, the Ninth Circuit reversed summary judgment where the employee may have been wrongly terminated based upon his past and planned absences under National Guard orders. Leisek v. Brightwood Corp. Employee's Comment Of "Depression Again" May Be Valid Request For FMLA Leave. An employee's statement that she would be absent because of "depression again" could satisfy the "valid request" for leave under the Family Medical Leave Act ("FMLA"). Spangler v. Federal Home Loan Bank of Des Moines Gay Postal Worker Can Proceed With Title VII Suit. Although Title VII does not prohibit sexual orientation discrimination, a District Court in Massachusetts denied an employer summary judgment stating that harassment of men by other men may be actionable where an employer allows the use of sexual stereotypes to create a hostile work environment. Centola v. Potter | |
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