Court Calls NCR Arbitration Policy ‘Unconscionable,’ Refusing to Enforce It

A federal court in California refused Sept. 13 to compel arbitration in an age discrimination and retaliation suit brought against NCR Corporation by former employee Terry Doubt despite the presence of an arbitration clause in the company’s internal dispute resolution policy (Doubt v. NCR Corp.).

In denying NCR’s motion to compel arbitration, the U.S. District Court for the Northern District of California concluded that the company’s dispute resolution policy “is both procedurally and substantively unconscionable, and therefore is unenforceable.” Writing for the court, Judge Saundra Brown Armstrong said, “To compel arbitration of Plaintiff’s claims would grant an undeserved ...