Perez v. State Of Maine

760 F.2d 11 (1985)

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Nature of the Case

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Facts

D decided not to hire Nazario Perez. D claimed discrimination against Hispanics. Nazario sued D in state court, alleging a violation of state antidiscrimination law. In 1979, Nazario and D entered into a settlement agreement. The Agreement referred explicitly to Perez's claims under state antidiscrimination law. Nazario agreed to waive all claims against D 'with respect to any alleged violations of the Maine Human Rights Act.' There was no mention of any claims under federal antidiscrimination law. The language used could be taken as settling the entire discrimination dispute, regardless of which particular statute granted Nazario a legal right. D paid Nazario $20,000 as full and final settlement of this matter. Nazario signed the Agreement and received the money, and then sued D in federal court alleging that the same facts made out a violation of federal anti-discrimination law, Title VII, 42 U.S.C. § 2000e et seq. The court found the language ambiguous and set the matter for trial. The court eventually found for D. Nazario had died and P, daughter of Nazario, now appeals.