Morales v. Sun Constructors, Inc.
United States Court of Appeals for the Third Circuit
541 F.3d 218 (2008)
Spanish-speaking welder Juan Morales (plaintiff) attended an English-language orientation at Sun Constructors (defendant) and was asked to sign a 13-page hourly-employment agreement, eight pages of which were arbitration provisions; a bilingual coworker, Hodge, was asked to help explain the orientation and paperwork to Morales, but Morales never specifically asked about the arbitration provisions and Hodge never specifically explained them. After Sun fired Morales roughly a year later for a safety violation, Morales sued for wrongful termination, and Sun's motion to stay proceedings pending arbitration was denied by the district court; Sun appealed.
Whether an acceptance of a contract is measured by the accepting party's outward expressions of assent.