Wyndham Worker’s Jury Waiver Upheld in Sex Harassment, Tort Suit

December 7, 2023, 7:23 PM UTC

Wyndham Vacation Ownership Inc. got a former employee’s jury trial waiver enforced in a sexual harassment lawsuit stemming from her alleged rape and other abuse.

The ruling Wednesday by the US District Court for the Middle District of Florida held that the burden was on the company to show the waiver was “knowing and voluntary.” The Eleventh Circuit hasn’t addressed which party has the burden to make that showing, but other judges in the district have placed the burden on the party seeking enforcement, which here was the employer, the court said.

The court cited the waiver’s conspicuousness on Jacklyn ...

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