920 F. Supp. 2d 1263
N.D. Ala.2013Background
- Cintas filed a Motion to Compel Arbitration (Doc. 7) on January 3, 2013; matter ripe for decision.
- Employment Agreement signed May 27, 2010 required arbitration for disputes arising out of employment.
- Ms. King became pregnant in March 2011; she was reassigned to sanitation then placed in an office role; she took FMLA leave and sought disability.
- Ms. King was discharged on August 25, 2011.
- Ms. King filed suit December 11, 2012 alleging Title VII sex/pregnancy discrimination, retaliation, FMLA interference, and FLSA claims.
- Ms. King concedes arbitration for pregnancy/sex discrimination, FMLA interference, and retaliatory discharge; disputes remain about post-termination failure-to-hire retaliation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitration clause covers post-termination retaliation claims. | King argues post-termination retaliation claims are not within arbitration. | Cintas contends clause covers all claims arising out of employment, including post-termination disputes. | Arbitration clause covers retaliatory failure-to-hire claims. |
| Whether the post-termination retaliation claims arise out of the employment contract such that they are arbitrable. | King's retaliation and failure-to-hire claims relate to past employment. | Clause applies to disputes arising out of or related to employment; post-termination claims are related. | Yes; the claims arise out of or relate to employment and are arbitrable. |
Key Cases Cited
- Telecom Italia, SpA v. Wholesale Telecom Corp., 248 F.3d 1109 (11th Cir. 2001) (arbitration scope depends on whether dispute arises out of or relates to contract; foreseeability standard)
- Caley v. Gulfstream Aerospace Corp., 428 F.3d 1359 (11th Cir. 2005) (generally applicable contract defenses may invalidate arbitration agreements)
- Granite Rock Co. v. Int'l Brotherhood of Teamsters, 130 S. Ct. 2847 (2010) (district court must assess formation/applicability of arbitration clause before arbitration)
- Hemispherx Biopharma, Inc. v. Johannesburg Consol. Inv., 553 F.3d 1351 (11th Cir. 2008) (foreseeability standard for scope of arbitration clause (arising out of or pursuant to contract))
- Doe v. Princess Cruise Lines, Ltd., 657 F.3d 1204 (11th Cir. 2011) (claims outside scope where not tied to contract; arbitration depends on contract relations)