Foss v. Circuit City Stores, Inc

477 F.Supp. 2d 230 (2007)

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Nature of the Case

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Facts

Circuit (D) had an online employment application. The initial screen provides: 'Before beginning the employment application, we will ask for your Social Security Number, contact information, consent to arbitration, and consent to perform a background check.' After consenting to proceed electronically, the applicant is presented with Circuit City's Dispute Resolution Agreement, which details an agreement to arbitrate. When an applicant is less than eighteen years of age, the applicant is directed to obtain parental consent to the Agreement. Without parental consent, a person under eighteen is exited from the system. Throughout the application process, the applicant is given numerous opportunities to review and print a copy of the Agreement. Notably, an applicant must read and consent to the Agreement in order to be considered for employment. P applied for a non-management position with the Circuit City store in Maine via the online application system. P was under eighteen at the time he applied for employment. P lied and said his mother Sharon Foss had consented, but she never did. Neither parent signed or consented to the Agreement. Before P was actually hired by D, he was presented with and signed a hard copy of the Agreement. P began working on October of 2004. P turned eighteen on February 4, 2005. P was transferred to the Circuit City in Keene, New Hampshire. While employed at the Keene Circuit City, Foss alleges that his supervisor created a hostile work environment. In December 2005, P provided two weeks' notice that he was going to terminate the employment. P was terminated on December 15, 2005. P filed this lawsuit on September 15, 2006, claiming a hostile work environment and retaliation in violation of Title VII of the Civil Rights Act of 1964. D has moved to compel arbitration.