Eighth Circuit Rules That the Older Workers Benefit Protection Act Does Not Preclude Arbitration of Age Discrimination Claims

The U.S. Court of Appeals for the Eighth Circuit has ruled that the federal Older Workers Benefit Protection Act (OWBPA), which sets forth conditions for waiving claims under the Age Discrimination in Employment Act (ADEA), does not preclude enforcement of an agreement to resolve ADEA claims in arbitration rather than in court.

Agreeing with arguments made by NT Lakis lawyers in our “friend-of-the-court” brief, the ruling by the appeals court in McLeod v. General Mills, Inc., No. 15-3540 (8th Cir. April 14, 2017), overturns a troubling federal trial court decision and makes clear that the OWBPA does not override the presumption under federal law that favors the enforcement of arbitration agreements.

The Eighth Circuit’s decision in McLeod v. General Mills is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.