Omnitech Institute, Inc. Et Alv.Jasmine Norwood
Jasmine Norwood sued her former employer and its president alleging employment discrimination and other workplace misconduct. Her employment contract contained an arbitration clause, but she argued that the provision could not be enforced because the cost of arbitration would prevent her from effectively vindicating her claims. The Court of Appeals of Georgia reversed the denial of the defendants’ motion to compel arbitration. The majority held that the cost issue was not ripe because Norwood had not yet shown that she would actually be required to pay the projected fees, and it declined to resolve fact-dependent affordability questions prematurely. A dissent argued that the record already showed a prohibitive initiation fee and that the court’s ruling effectively ended the opportunity to litigate the effective-vindication issue in the trial court.
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