Last week, South Texas College of Law Houston Professor Ryan H. Nelson, joined by Gerstein Harrow LLP and the National Legal Advocacy Network, filed an opening brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of his pro bono client, One Fair Wage. The case raises novel issues of personal jurisdiction, standing, and employment discrimination law and, if successful, would forge a new path for securing nationwide injunctive relief against discriminatory employers despite their employees being forced to sign individual arbitration agreements.
One Fair Wage alleges that Darden Restaurants — the largest owner and operator of full-service restaurants in the United States, with brands like Olive Garden, LongHorn Steakhouse, and The Capital Grille — maintains two nationwide policies that cause servers and bartenders to suffer increased sex and race discrimination.