Ruling that taking no action on an employee arbitration clause is not the same as an affirmative opt-out, a federal judge in Newark has dismissed AT&T’s suit seeking to compel arbitration of a discrimination claim lodged by an employee in the company’s Union Township store.

AT&T maintained that its arbitration policy, which was emailed to employees, was binding unless the employee opted out of participation in the agreement. The employee in the present case, Francesca Jean-Baptiste, reviewed the arbitration policy but never opted out, according to the documents.