Considering an airline's appeal, the Seventh Circuit in
Cloutier v. GoJet Airlines LLC, provided
additional guidance about what is needed to require
arbitration of federal antidiscrimination claims.
The case involved a dispute between a pilot diagnosed with Type
II diabetes and the airline. Under FAA regulations, he was
not permitted to pilot an airplane until he received medical
clearance from an FAA-approved doctor, a process that would take at
least 60 days. After notifying the airline of his diagnosis,
the pilot received leave under the federal Family and Medical Leave
Act. However, the airline terminated his employment weeks
later.
The pilot and his union sought to arbitrate a grievance under
the collective bargaining agreement, but the airline, claiming the
pilot improperly commenced the arbitration, refused to
arbitrate. Consequently, the pilot brought his claims in
court.
