Case: Discrimination/Arbitration (9th Cir.)

The Ninth Circuit Court reversed the district court’s denial of a motion to compel arbitration of age and disability discrimination claims brought by an age-protected and disabled employee against Modernizing Medicine, Inc., ruling that the district court erred by not enforcing the delegation clause in the arbitration agreement that clearly required an arbitrator, not a court, to decide questions about the validity of the arbitration agreement, and finding that the presence of a severability clause didn’t negate the clear and unmistakable delegation to an arbitrator.

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