Although clearly divided during Thursday arguments, an en banc 9th U.S. Circuit Court of Appeals seems headed for a ruling that says axing employees for rejecting an arbitration agreement is retaliation. The court took the unusual step of hearing the case en banc without any of the parties calling for it after the EEOC, which initially brought the suit, argued against an en banc rehearing.
9th Circuit Grapples With 'Duffield'
March 28, 2003