United States District Court, S.D. Ohio, Western Division
MICHAEL R. BARRETT UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Aerotek, Inc.'s
(“Aerotek”) Motion to Compel Individual
Arbitration and Dismiss or Stay Proceedings. (Doc. 11).
Plaintiff responded (Doc. 16) and Defendant Aerotek replied
(Doc. 21). Defendant Hi-Tek Manufacturing, Inc.
(“Hi-Tek”) did not join Defendant Aerotek's
brings this purported class action against Defendants for
alleged violations of the Fair Credit Reporting Act, 15
U.S.C. § 1681, et seq. (“FCRA”). He
asserts that “Defendants took an adverse action based
on [his] consumer report without providing a copy of the
report and his notice of rights as required by 15 U.S.C.
§ 1681b(b).” (Doc. 1).
Aerotek is a temporary employment agency and Plaintiff worked
for Aerotek as a temporary employee starting January 2018.
(Id.). On January 18, 2018, Plaintiff and Defendant
Aerotek entered into a Mutual Arbitration Agreement
(“Agreement”). (Doc. 11, Attachment 1, PageID
72-74). The Agreement includes a class-action waiver
provision. (Id.). Defendant Hi-Tek is a corporation
and was hiring full-time employees around April 2018. (Doc.
1). “Defendant Aerotek processed [Plaintiff]'s
application for fulltime employment with Defendant
Hi-Tek.” (Id.). In April 2018, Defendant
Hi-Tek offered Plaintiff full-time employment subject to a
background check. (Id.). A few weeks later,
Defendant Hi-Tek rescinded Plaintiff's employment offer
allegedly due to the results of his background check.
(Id.). Plaintiff requested that Defendants provide
him a copy of his consumer report and Defendants allegedly
October 2018, Plaintiff filed his Complaint with the Court.
In November 2018, Defendant Aerotek requested that Plaintiff
voluntarily stipulate to dismiss his claims against it in
favor of individual arbitration in light of the Agreement.
(Doc. 11, Attachment 2). Plaintiff declined. (Id.).
Defendant Aerotek moves to dismiss Plaintiff's claims
against it and compel individual arbitration pursuant to the
Agreement and the Federal Arbitration Act
(“FAA”). (Doc. 11).
opening paragraph of the Agreement states that:
As consideration for my application for and/or my employment
with Aerotek, Inc and for the mutual promises herein, I and
the Company (as defined below) (each a “party”
and collectively “the parties”) agree that:
Except (i) as expressly set forth in the section,
“Claims Not Covered by this Agreement, ” all
disputes, claims, complaints, or controversies
(“Claims”) that I may have against Aerotek, Inc
and/or any of its subsidiaries, affiliates, officers,
directors, employees, agents, and/or any of its clients or
customers (collectively and individually “the
Company”), or that the Company may have against me,
including contract claims; tort claims; discrimination and/or
harassment claims; retaliation claims; claims for wages,
compensation, penalties or restitution; and any other claim
under any federal, state, or local statute, constitution,
regulation, rule, ordinance, or common law, arising out of
and/or directly or indirectly related to my application for
employment with the Company, and/or my employment with the
Company, and/or the terms and conditions of my employment
with the Company, and/or termination of my employment with
the Company (collectively “Covered Claims”), are
subject to confidential arbitration pursuant to the terms of
this Agreement and will be resolved by Arbitration and NOT by
a court or jury. The parties hereby forever waive and give up
the right to have a judge or jury decide any Covered Claims.
(Doc. 11, Attachment 1, PageID 72) (emphasis omitted). The
Agreement includes the following provision: “[t]o the
maximum extent permitted by applicable law, the parties agree
that: No. Covered Claims may be initiated or maintained on a
class action, collective actions, or representative basis
either in court or arbitration.” (Id.)
Standard of Review
burden of proving that a claim is non-arbitrable rests on the
party refusing arbitration. See American Exp. Co. v.
Italian Colors Restaurant, 570 U.S. 228, 243, 133 S.Ct.
2304, 2315, 186 L.Ed.2d 41 (citing Green Tree Fin.