PARTICIPATION IN EEOC INVESTIGATION DOES NOT WAIVE RIGHT TO ARBITRATE
A federal district court recently dismissed a Title VII discrimination suit and compelled the parties to arbitration, finding that the employer did not waive its right to arbitrate by participating in an EEOC investigation. The court held that the mere involvement of an administrative agency in the enforcement of a statue did not preclude arbitration. The court noted that the employer specifically advised the EEOC that its participation should not be considered as a waiver of arbitration and that the employee would not be prejudiced by arbitration. The court concluded that the EEOC’s provision of 90 days for the employee to file suit against the company in court was subject to the arbitration agreement. Henry v. Turner Construction Co., No. 09-9366 (USDC S.D.N.Y. June 14, 2010).
This post written by Michael Wolgin.
