An employer’s dispute resolution program, stating that it was not “intended to violate or restrict any rights of employees guaranteed by state or federal laws,” did not give rise to the right to a jury trial, and so an employee was required to submit his age discrimination claim to binding arbitration, a federal appeals court in New Orleans has held under Louisiana contract law. Klein v. Nabors Drilling USA, L.P., No. 11-30824 (5th Cir. Feb. 26, 2013). The Court found that the quoted language meant simply the employee would maintain his substantive statutory rights in the arbitration proceeding. Therefore, the Court reversed the lower court’s order denying arbitration with instructions to grant the employer’s motion to compel arbitration.
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