9th Cir.;
15-15287

The court of appeals reversed a judgment of dismissal. The court held that courts have the power to award equitable damages in civil rights cases.

Full-time Neiman Marcus employee Tayler Bayer returned to work following medical leave to find that his hours had been cut, reducing his status to that of a part-time employee. He filed a charge of discrimination with the Equal Opportunity Employment Commission (EEOC), alleging the store had failed to reasonably accommodate his disability in violation of the Americans With Disabilities Act. While that complaint was pending, the store advised all employees that they were henceforth subject to the store “mandatory conflict resolution program.” Concerned that compliance with that demand would compromise his pending claim, Bayer refused, and filed a second complaint with the EEOC, alleging interference with his rights under the ADA. Sometime thereafter, Bayer was terminated. He then filed a third complaint with the EEOC, alleging retaliation. The EEOC eventually issued Bayer a right-to-sue letter regarding his initial complaint, and Bayer sued Neiman Marcus for failing to reasonably accommodate his disability. The parties settled and the suit was dismissed. Bayer subsequently sued the store for wrongful termination. The district court denied the store's motion to compel arbitration, finding Bayer had never consented to be bound by the store's arbitration agreement. Six years later, while the wrongful termination suit remained pending, Bayer was issued a right-to-sue letter as to his allegation pertaining to the mandatory arbitration agreement. Bayer filed a third lawsuit alleging interference with his rights under the ADA in violation of 42 U.S.C. §12203(b).