EcommerceBytes-NewsFlash, Number 1517 - April 16, 2007     4 of 6

eBay Discrimination Lawsuit Sent to Arbitration

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A judge granted eBay's Motion to Compel Arbitration in a job discrimination case and stayed the lawsuit proceedings pending the outcome of the arbitration.

Emmanuel Kepas, an employee of eBay in the Draper, Utah office, had filed a sexual and age discrimination lawsuit against eBay in July 2006. After a December hearing, the judge granted eBay's motion with the proviso that the abritrator have no authority to award eBay arbitrator fees or the costs associated with the room or other facility rental for the arbitration hearing. In addition, the judge said the arbitrator may award to eBay only those costs that could be awarded in a proceeding under the Federal Rules of Civil Proedure or the Local Rules of the Utah Federal District Court.

The judge also modified a provision in the Agreement that required the arbitration hearing take place in California (presumably the employment contract). The plaintiff will be allowed to elect whether the arbitration hearing take place in Santa Clara County, California or in Salt Lake County, Utah.

Related Article:
"eBay Sued for Discrimination, Breach of Contract"

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Ina Steiner is co-founder and Editor of EcommerceBytes and has been reporting on ecommerce since 1999. She's a widely cited authority on marketplace selling and is author of "Turn eBay Data Into Dollars" (McGraw-Hill 2006). Her blog was featured in the book, "Blogging Heroes" (Wiley 2008). Follow her on Twitter at @ecommercebytes and send news tips to

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