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Dispute Resolution Keyed to Folberg, 4th Ed.
Cole v. Burns International Security Services
Citation:
105 F.3d 1465 (1997)Facts
Clinton Cole worked as a security guard at Union Station in Washington, D.C. for LaSalle and Partners. In 1991, Burns International Security Services took over LaSalle’s contract and required all employees to sign a “Pre-Dispute Resolution Agreement” as a condition of employment. This agreement waived the right to a jury trial and provided that, at the employer’s option, employment disputes could be arbitrated according to American Arbitration Association (AAA) rules. In October 1993, Burns fired Cole. After filing charges with the EEOC, Cole filed a complaint in federal court alleging racial discrimination, harassment, retaliation, and intentional infliction of emotional distress. Burns moved to compel arbitration pursuant to the agreement. The District Court granted the motion, finding that the FAA applied to the agreement and that it was enforceable. Cole appealed, arguing that the agreement fell within the FAA’s exclusion for employment contracts and that it was unconscionable.
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