Garrett v. Hooters Toledo

295 F. Supp. 2d 774 (2003)

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Garrett v. Hooters Toledo

United States District Court for the Northern District of Ohio
295 F. Supp. 2d 774 (2003)

Facts

Hooters Toledo (Hooters) (defendant) required employees to sign an “Agreement to Mediate and Arbitrate Employment-Related Disputes” (agreement), which required employees to request mediation of disputes against Hooters within 10 days of the last day on which claims arose. Mediation would occur in Jefferson County, Kentucky, as opposed to Toledo, Ohio, where the parties were located. Each party would choose a mediator from a list provided by Hooters. Chris Reil (defendant), a Hooters manager, gave Rachel Garrett (plaintiff), a Hooters employee of three months, a copy of the agreement. Garrett claimed she did not understand the agreement and carried it in her bag for weeks. Reil stated that he offered to answer any questions employees had about the agreement. When Garrett arrived at work one day, Reil told her she must sign the agreement or she would not be permitted to work another shift nor be eligible for any promotion, transfer, or raise. Garrett, who was earning more money than she ever had, signed the agreement. On June 18, 2002, Garrett informed Reil that she was pregnant. Garrett contended that Reil then reduced her shifts and encouraged other employees to harass her about her pregnancy. Garrett was terminated on July 17, 2002, and her position was filled by a non-pregnant person. Garrett sued Hooters and Reil for gender discrimination, claiming the agreement was unenforceable as unconscionable under Ohio law.

Rule of Law

Issue

Holding and Reasoning (Carr, J.)

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