Fowler

BACKGROUND

As a condition of applying for employment with CarMax, Fowler and Areso were required to sign the CarMax dispute resolution agreement, which provided that any claims arising out of employment with CarMax be “settle[d] . . . exclusively by final and binding arbitration before a neutral Arbitrator,” and any arbitration “will be conducted in accordance with the CarMax Dispute Resolution Rules and Procedures.” Fowler signed the agreement on August 5, 2006, and Areso signed it on May 17, 2006; CarMax also signed the agreement. Fowler and Areso received a copy of the associated Dispute Resolution Rules and Procedures. We hereinafter refer to the agreement and the incorporated rules and procedures collectively as the arbitration agreement. The arbitration agreement allowed each party up to 20 interrogatories or document requests, and allowed each party to take up to three depositions. The arbitrator had the discretion to permit additional discovery “[u]pon the request of any Party and a showing of substantial need . . . but only if the Arbitrator finds that such additional discovery is not overly burdensome, and will not unduly delay conclusion of the arbitration.” The…