One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully considered, and then rejected, the argument that the Age Discrimination in Employment Act (ADEA) constituted that type of “get out of arbitration free” statute.
The claims in McLeod v. General Mills, Inc., 2017 WL 1363797 (8th Cir. Apr. 14, 2017), stem from a 2012 reduction in force at General Mills. In exchange for severance packages, terminated employees released the company from claims relating to their termination, and agreed to individual arbitration of future disputes. In McLeod, 33 of those employees sued the company alleging violations of the ADEA. In response, the company moved to compel arbitration on an individual basis.
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