McLeod v. General Mills, Inc.

Case Updates

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The Eighth Circuit reversed and remanded a the lower district court’s denial of decision to deny the defendant’s motion to compel arbitration, holding that the lower court did not have jurisdiction to decide this issue and that ADEA claims are covered by arbitration agreements.

The U.S. Chamber and Equal Employment Advisory Council filed an amicus brief urging the Eighth Circuit to overturn a lower court decision that ruled incorrectly that the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), establishes a non-waivable right to sue in federal court to challenge the validity of releases of ADEA claims.

The brief argued that the OWBPA’s burden of proof provision does not override the Federal Arbitration Act’s (“FAA”) presumption in favor of arbitration. The brief also argued that the decision below imperils substantially all employment-related arbitration agreements, defeating the mutual benefits they offer to employers and employees alike.

Rae T. Vann and Ann Elizabeth Reesman of NT Lakis, LLP served as co-counsel for the amici.