Gibson v. Neighborhood Health Clinics

Mona Gibson (plaintiff) was formerly employed by Neighborhood Health Clinics, Inc. (NHC) (defendant) and rehired on December 22, 1994. Before Gibson reported to work on January 9, 1995, NHC distributed a new Associates Policy Manual (manual) to its employees, who were required to acknowledge receipt by signing an Associates Understanding (understanding). The understanding had a provision requiring employees to waive their rights to a jury trial and requiring any and all disputes to be resolved through NHC’s grievance and arbitration provisions stated in the manual. The manual but not the understanding included language binding NHC to the arbitration process. The manual required all disputes to be handled through arbitration under the Indiana Uniform Arbitration Act. The manual’s provisions were not in effect when Gibson previously worked at NHC, and she did not receive a copy of the manual until her first day, after she was asked to sign the understanding. Gibson was told that the understanding related to time-off grievances. Gibson signed the understanding but not the manual. After filing a claim with the Equal Employment Opportunity Commission, Gibson filed a Title VII Americans with Disabilities Act (ADA) complaint against NHC, alleging discrimination. The district court granted NHC’s motion to dismiss based on the arbitration provision. Gibson appealed.