Menards Worker Must Arbitrate Sex Harassment Suit After Appeal

A former Menard Inc. worker must arbitrate her sexual harassment and other claims, the Sixth Circuit ruled, reversing a district court ruling denying the home improvement retailer’s request for alternative dispute resolution.

Michelle Scoggins “repeatedly and unequivocally told the district court that the arbitration agreement” applied to her dispute. “It is ‘an abuse of discretion to override’ a party’s ‘deliberate waiver’ of an argument,” the US Court of Appeals for the Sixth Circuit said Monday, quoting the US Supreme Court’s Day v. McDonough decision.

The district court overstepped when it found the Ending Forced Arbitration of Sexual Assault and Sexual ...