Tayler Bayer v. Neiman Marcus Holdings, Inc.

MEMORANDUM

Neiman Marcus Holdings, Inc. (“Neiman”) appeals from the district court’s order denying its motion to compel arbitration. We affirm.

I

Bayer commenced work with Neiman in 2006. He was diagnosed with emphysema in 2007 and placed on medical leave. He was authorized by his physician to return to work on June 1, 2007, subject to medical restrictions on his work, including working no more than eight hour shifts, four days a week. Bayer alleges that Neiman refused to accommodate this schedule, which resulted in his loss of status as a full-time employee and concomitant benefits. He filed an administrative complaint with the Equal Employment Opportunity Commission (“EEOC”) on June 20, 2007.

On that same day, all Neiman employees were mailed notice of a dispute resolution program, which included a mandatory arbitration agreement (“Arbitration Agreement”). The mailing included an acknowledgment form (“Acknowledgment Form”) that required the employee’s signature. The Acknowledgment Form indicated that the employee was “waiving the right to a trial by jury or trial before a judge in a court of law.” The Acknowledgment Form also required the employee to express his or her…