WEEKS v. HARDEN MFG. CORP.

No. 01-16638.

291 F.3d 1307 (2002)

Anthony WEEKS, Charles Willingham, Melissa Frye, Angela Gable, Jarir Jackson, Plaintiffs-Appellees, v. HARDEN MANUFACTURING CORP., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 22, 2002.


Attorney(s) appearing for the Case

Jonathan B. Lowe, Lowe, Mobley & Lowe, Haleyville, AL, Susan Salonimer Wagner, Frank S. James, III, Berkowitz, Lefkovits, Isom & Kushner, Birmingham, AL, for Defendant-Appellant.

Rocco Calamusa, Jr., Brian M. Clark, Dennis George Pantazis, Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, AL, for Plaintiffs-Appellees.

Ann Elizabeth Reesman, McGuiness, Norris & Williams, LLP, Washington, DC, for Equal Advisory Council and Chamber of Commerce of U.S., Amici Curiae.

Before CARNES and FAY, Circuit Judges, and MARTIN, District Judge.


MARTIN, District Judge:

In this interlocutory appeal of a retaliatory discharge case, the court is asked to determine whether an employee's refusal to agree to a compulsory arbitration provision regarding employment discrimination claims constitutes protected activity for the purposes of alleging a prima facie case of retaliation. We find that it does not. We therefore vacate in part the district court's order and remand for further proceedings consistent with this...

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