Vanilla Ice as lawyer: Stop, arbitrate, and (hand) sign

Employers' use of arbitration provisions has been a relatively hot topic, with the U.S. Supreme Court ruling just last year that an ambiguous arbitration agreement may not serve as the basis for compelling classwide arbitration. But in a recent federal case from the U.S. District Court from the Southern District of Mississippi, the parties (and court) took it back to the basics, analyzing whether there was ever an agreement to arbitrate in the first place. There are lessons to be learned from the court's decision. Check it out!

Facts

Janell Byars worked at two automobile dealerships in Mississippi, both of which are owned and operated by Asbury Management Services, LLC.

According to Byars, beginning in April 2017, her coworker began sexually harassing her at work and subjected her to an "offensive and sexually hostile working environment." After filing a charge with the Equal Employment Opportunity Commission (EEOC) related to her allegations, she filed suit, asserting various claims, including sexual harassment and retaliation.

Court's decision

In response to Byars' suit, Asbury claimed the matter must be handled in arbitration, as set forth in an arbitration agreement she signed electronically. The agreement bore her digital signature, dated September 15, 2015. She contended, however, she never received or read the agreement and had never signed it. Therefore, there was a dispute between the parties over whether they ever entered into an agreement to arbitrate.