United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant's Motion to
Dismiss and Compel Arbitration or in the Alternative, Stay
Proceedings Pending Arbitration [Doc 7]. Plaintiff did not
file an opposition to the Motion, however, prior to the
filing of the Motion, Plaintiff filed a “Memorandum for
Clerk” wherein she details her position regarding
arbitration. For the reasons set forth below, the Motion to
Compel Arbitration is granted.
filed this action pro se against Defendant on
October 23, 2018, alleging that her employment with Defendant
was terminated in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000e, et
seq., based on her sex.
has submitted the Affidavit of Tammie Knapper, Director, HR
Technology for Charter Communications, LLC which sets out the
Channel is Charter's employment-based legal dispute
resolution program ("the Program"). On October 6,
2017, Charter announced the Program by email to all non-union
below the level of Executive Vice President, who were active,
or who were not on a leave of absence, on that date
(hereinafter “Employees”). Employees received the
email announcement from Paul Marchand, Executive Vice
President, Human Resources, at the Charter work email address
assigned to them.
Solution Channel Announcement indicated to Employees that
they would be enrolled in the Program unless they opted out
of the Program within 30 days. That 30-day period expired on
November 5, 2017. The Solution Channel Announcement stated in
Unless you opt out of participating in Solution
Channel within the next 30 days, you will be enrolled.
Instructions for opting out of Solution Channel are
also located on Panorama.
Solution Channel Announcement included a link to the Solution
Channel web page located on the Charter intranet site
accessible to Employees, named Panorama. The
Solution Channel web page was accessible to the Employees on
Charter's network, and included additional information
regarding the Program.
Solution Channel web page accessible to Employees on
Panorama included a reference and link to
Charter's Mutual Arbitration Agreement. The Solution
Channel web page accessible to Employees on Panorama
also included the following information:
Out of Solution Channel
If you do not opt out of Solution Channel within the
designated time, you will be automatically enrolled in
Solution Channel and considered to have consented to the
terms of the Mutual Arbitration Agreement at that time. To
opt-out of Solution Channel, please click
here. In the new window that will open, click
Main Menu->Self-Service->Solution Channel.
who wished to learn more about opting out of the Program
could select the "click
here" link, which launched the opening of
the PeopleSoft sign-in web page. Employees who signed into
PeopleSoft using their regular network credentials could
select "Self Service" from the main menu on the
PeopleSoft home page, and then select "Solution
Channel" from the Self Service menu. By selecting
"Solution Channel," Employees would land on a page
within PeopleSoft, at which they could opt out of the Program
(the "PeopleSoft Solution Channel Page").
Employees wished to opt out of the Program, they checked the
box next to the phrase "I want to opt out of Solution
Channel", entered their name in an adjacent text field,
and clicked "SAVE." Employees had the ...