Darrington v. Milton Hershey School

Two former employees of Milton Hershey School for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement and the district court denied that motion. On appeal, the 3rd Circuit found that the state-law claims were still subject to the Federal Arbitration Act and that, in the absence of any state law to the contrary, the federal clear-and-unmistakable standard was applied and met. Thus the matter must head to arbitration.

DARRINGTON