A plaintiff who files a sexual harassment suit after her employerinstitutes an arbitration policy may still take her case to court if her original claimbefore the state human rights commission predated the enactment of the arbitration policy,a federal judge has ruled.

“It would be patently unfair to require plaintiff to submit herclaims to the Dispute Resolution Program. Were we to hold otherwise, any company couldsuddenly change the rules by enacting a policy requiring its employees to arbitratedisputes once an employee commenced litigation against the company,” Senior U.S. DistrictJudge Charles R. Weiner wrote in McCord v. American General Life and AccidentInsurance Company.

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