Joey Roland v. Texas Taco Cabana, L.P.; JAMS Case No. 1310020375 (Arbitration before JAMS)

Obtained summary disposition for restaurant chain in JAMS arbitration in defense of age discrimination and retaliation claims under the Age Discrimination in Employment Act ("ADEA") and Chapter 21 of the Texas Labor Code a/k/a the Texas Commission on Human Rights Act ("TCHRA") brought by former manager. Prior to initiating the arbitration, the claimant failed to file a charge of discrimination with the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division. The arbitrator agreed with our client that the claimant was required to exhaust his administrative remedies under the ADEA and TCHRA even though he brought his claims in arbitration and not in court. As a result, the arbitrator dismissed the claimant's claims for failure to exhaust administrative remedies and issued a take nothing judgment against the claimant because he could not remedy his failure to exhaust administrative remedies, as his claims were time-barred.

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