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Rojas v. TK Communs.

United States Court of Appeals for the Fifth Circuit

July 11, 1996, Decided

No. 95-50882, Summary Calendar.


 [*746]  ROBERT M. PARKER, Circuit Judge:


In 1991, Camille Rojas was employed as a disc jockey by TK Communications Inc. ("TK"), which operated KXTN radio station in San Antonio, Texas. During her tenure at the station, Rojas alleges that she was sexually harassed by her supervisor, Jesse Arce. Despite her complaints, Rojas alleges that TK never took corrective action and that Arce and another supervisor retaliated against her because of her complaints. Rojas resigned from employment with KXTN on December 22, 1991.

While working [**2]  at the radio station, Rojas executed an employment agreement with her employer. Paragraph 23 of that agreement provides, in pertinent part, as follows:

23. Arbitration Except for breaches or threatened breaches of the provisions of Paragraphs 15 through 18 relating to equitable relief, any action contesting the validity of this Agreement, the enforcement of its financial terms, or other disputes shall be submitted to arbitration pursuant to the American Arbitration Association in Ft. Lauderdale, Florida….

Despite this arbitration clause, Rojas commenced this lawsuit against TK and Tichenor Media Systems, Inc., ("Tichenor"). 1 


In her original petition, Rojas alleged that she was subjected to sexual harassment and retaliation by TX for having complained of the alleged sexual harassment, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Rojas joined Tichenor as a defendant [**3]  under a theory of successorship liability. TX and Tichenor filed their answers, denying Rojas' allegations.

TX then sought to dismiss the action on the ground that Rojas' claims were subject to the mandatory arbitration clause in her employment agreement. Tichenor filed a motion for summary judgment claiming that it had no successor liability in connection with Rojas' underlying claim.

On October 30, 1995, the district court granted TK's motion to dismiss and Tichenor's motion for summary judgment. The court first ruled that Rojas must arbitrate her claims against TX in accordance with the arbitration clause in her employment agreement. The court further held that, as a matter of law, Tichenor had no liability to Rojas as a successor to TX. This appeal followed.

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87 F.3d 745 *; 1996 U.S. App. LEXIS 17428 **; 71 Fair Empl. Prac. Cas. (BNA) 664; 68 Empl. Prac. Dec. (CCH) P44,262

Camille ROJAS, Plaintiff-Appellant, v. TK COMMUNICATIONS, INC., d/b/a KXTN Radio Station and Tichenor Media Systems, Inc., d/b/a KXTN Radio Station, Defendants-Appellees.

Prior History:  [**1]  Appeal from the United States District Court for the Western District of Texas. SA-94-CV-565. Orlando L. Garcia, US District Judge.

Disposition: AFFIRMED.


arbitration, arbitration clause, employment contract, successor, predecessor, commerce, district court, employment agreement, summary judgment, successor liability, continuity, employees, factors

Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, General Overview, Standards of Review, Summary Judgment, Burdens of Proof, Movant Persuasion & Proof, Entitlement as Matter of Law, Arbitration, Federal Arbitration Act, International Trade Law, Dispute Resolution, International Commercial Arbitration, Arbitration, Labor & Employment Law, Collective Bargaining & Labor Relations, Labor Arbitration, Arbitration Coverage Limits, Admiralty & Maritime Law, Federal Arbitration Act, Business & Corporate Compliance, Contracts Law, Contract Conditions & Provisions, Arbitration Clauses, Title VII Discrimination, Remedies, Alternative Dispute Resolution, Pretrial Matters, Alternative Dispute Resolution, Judicial Review, Mandatory ADR, Discrimination, Actionable Discrimination, Contracts Law, Employment Contracts, Conditions & Terms, Governments, Legislation, Interpretation, Arbitrability, Responses, Defenses, Demurrers & Objections, Waiver & Preservation of Defenses, Statutory Remedies & Rights, Mergers & Acquisitions Law, Liabilities & Rights of Successors, Successor Liability Doctrine, Torts, Employers, Activities & Conditions, Mere Continuation, Vicarious Liability, Corporations, Predecessor & Successor Corporations