Brown v. St. Paul Travelers Companies, Inc.
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Elena Brown appeals from a judgment in favor of defendant-appellee St. Paul Travelers Companies, Inc., (“Travelers”) granting defendant’s motion to dismiss plaintiffs amended complaint and to compel arbitration of her Age Discrimination in Employment Act claim. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.
We review a district court’s order granting a motion to compel arbitration de novo. See Opals on Ice Lingerie v. Bodylines Inc., 320 F.3d 362, 368 n. 2 (2d Cir. 2003). “In the context of motions to compel arbitration brought under the Federal Arbitration Act ..., 9 U.S.C. § 4 (2000), the court applies a standard similar to that applicable for a motion for summary judgment.... [T]he summary judgment standard is appropriate in cases where the District Court is required to determine arbitrability, regardless of whether the relief sought is an order to compel arbitration or to prevent arbitration.” Bensadoun v. Jobe-Riat, 316 F.3d 171, 175 (2d Cir. 2003) (internal citations omitted). A motion to compel arbitration must be dismissed and a trial held “[i]f there is an issue of fact as to the making of the agreement for arbitration.” Id.
Brown challenges the District Court’s finding that an arbitration agreement existed between herself and Travelers. She argues that she is not bound by the arbitration clause in the company’s Employee Handbook because she does not recall receiving one and did not sign a receipt slip for the Handbook. Travelers responds that, regardless of whether she remembers receiving the Handbook, Brown is bound by the arbitration policy because the policy was a clear, written statement upon which her continued employment was conditioned. In Travelers’ view, by continuing to work after the policy was promulgated and distributed to employees multiple times over the course of Brown’s employment, Brown manifested her assent to be bound. We agree with the District Court that under New York contract law, Brown is “deemed to have accepted” the arbitration policy by continuing to work after being advised “that it was her responsibility to ‘read and understand’ all of the company policies including the arbitration policy.” Brown v. St. Paul Travelers Cos., 559 F.Supp.2d 288, 291 (W.D.N.Y. 2008).
Although Brown claims that she never signed the Employee Handbook receipt form, and that the Handbook is not a valid “contract,” it is “established law of this
CONCLUSION
Accordingly, we AFFIRM the judgment of the District Court.
Reference
- Full Case Name
- Elena BROWN v. ST. PAUL TRAVELERS COMPANIES, INC., also known as St. Paul Travelers Company, Inc.
- Status
- Published