Medical Software Maker Appeal Gets Bias Row Sent to Arbitration

It’s up to an arbitrator, not a judge, to decide whether a medical software account executive’s age and disability bias claims belong in private arbitration or a federal forum, an appeals court said Thursday.

A district judge wrongly failed to delegate arbitrability questions to an arbitrator as called for in the worker’s contract with Modernizing Medicine Inc. based on a severability clause that mentioned court action, the US Court of Appeals for the Ninth Circuit said. But that clause doesn’t negate the “clear and unmistakable nature of the delegation,” the opinion said.

Kara Sandler signed an arbitration agreement when ...