The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s arbitration policy despite that it was made available to her online because she was not explicitly informed about it. | In Doe v. Columbia North Hills Hospital Subsidiary, et al. , No. 02-16-00275-CV (Tex. App. – Fort Worth [2d Dist.], March 23, 2017), Columbia North Hills Hospital (the “Hospital”) implemented a mandatory binding arbitration policy related to all future disputes with employees in 2006. Following implementation, the arbitration policy was posted on the Hospital’s intranet and available to workers at all times. In 2012, the Hospital hired a part-time technician, Jane Doe. During Doe’s new employee orientation, she was informed the Hospital maintained an intranet that included a copy of numerous policies related to her employment. Doe was instructed to familiarize herself with the policies included on the intranet and signed an acknowledgement stating it was her responsibility to review the contents of the Hospital’s orientation handbook. Doe also signed an acknowledgment stating she was aware that additional employment-related policies were available on the Hospital’s intranet. Doe was never specifically informed about or provided with a copy of the Hospital’s mandatory arbitration policy. A few months after Doe began working for the Hospital, she was sexually assaulted by a co-worker. As a result, Doe filed a sexual harassment, retaliation, and negligence lawsuit against both the perpetrator of the assault and the Hospital in Tarrant County, Texas. In response to Doe’s case, the Hospital filed a motion to compel arbitration based on the company’s mandatory arbitration policy and the acknowledgements Doe signed during her new employee orientation. The trial court granted the Hospital’s motion with regard to Doe’s claims against her employer and the parties proceeded to arbitration. After an arbitrator issued a decision in favor of the hospital, the trial court confirmed the award over Doe’s objections. Doe then filed an appeal with the Court of Appeals for the Second District of Texas in Fort Worth .

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