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SCOTX Will Not Consider Whether Arbitrator Exceeded Authority in Workplace Discrimination Case

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by Beth Graham

Monday, Jul 09, 2018


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The Supreme Court of Texas has declined to consider whether an arbitrator exceeded his authority in a workplace discrimination dispute.  In Methodist Healthcare System, Ltd., LLP v. Friesenhahn, No. 17-0955, a Texas woman, Friesenhahn, was awarded almost $384,000 in damages and legal fees for discrimination following arbitration with her former employer, Methodist Healthcare Systems.  After a trial court confirmed the award, the hospital appealed the case to the Fourth District Court of Appeals in San Antonio based on a claim that “the arbitrator ignored the legal standards applicable in reviewing Friesenhahn’s discrimination claim.”

Last October, the appellate court affirmed much of the lower court’s judgment and Methodist Healthcare Systems filed a petition for review with the Texas Supreme Court the following month.  (A more detailed background on the case is available in another Disputing blog post.)

According to the hospital’s petition, the Issues Presented in the case were:

  1. Whether an arbitration award must be reviewed for legal error to determine whether the arbitrator exceeded his authority where the arbitration agreement required the arbitrator to follow legal precedent and be subject to the same limitations in granting a remedy as a court.
  2. (Unbriefed) Whether the arbitrator exceeded his power by awarding damages for discrimination when, under governing precedent, the claimant presented no evidence of discrimination.

On Friday, the Supreme Court of Texas denied the hospital’s petition for review without further comment.

Photo credit: Foter.com

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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