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Campbell v. General Dynamics Government Systems Corp. : ウィキペディア英語版 | Campbell v. General Dynamics Government Systems Corp.
In ''Campbell v. General Dynamics Gov't Sys. Corp.'', 407 F.3d 546 (1st Cir. 2005), the First Circuit had to consider the enforceability of a mandatory arbitration agreement, contained in a dispute resolution policy linked to an e-mailed company-wide announcement, insofar as it applies to employment discrimination claims brought under the Americans with Disabilities Act. Under the Court's analysis, the question turned on whether the employer provided minimally sufficient notice of the contractual nature of the e-mailed policy and of the concomitant waiver of an employee's right to access a judicial forum. The Court weighed the attendant circumstances; concluded that the notice was wanting and that, therefore, enforcement of the waiver would be inappropriate; and upheld the district court's denial of the employer's motion to stay proceedings and compel the employee to submit his claim to arbitration. The case is a principal case in the Rothstein, Liebman employment law casebook.〔Sixth edition Foundation Press Page 59〕 ==Background== An employee filed an Americans with Disabilities Act (ADA) claim, alleging that the employer terminated him because of sleep apnea. Previously, the company had announced a new dispute resolution policy that required discrimination claims to be submitted to arbitration. It announced the policy in a company-wide email; the text was accessed by links in the e-mail. The United States District Court for the District of Massachusetts struck the defendant's affirmative defense and denied its motion to stay proceedings and to compel plaintiff employee to submit to arbitration his claim under the Americans with Disabilities Act, 42 U.S.C.S. §§ 12101-12213.
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