Originally from:

Journal of American Arbitration (JAA) - Vol. 2, No. 2

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Journal of American Arbitration (JAA)

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ARTICLES

The United States District Court for the
District of Colorado Denies Abrogation of
Shankle in Pérez v. Hospitality Ventures-
Denver, L.L.C.

By D. Caroline Hardy

I. OVERVIEW
A former employee, Laura Pérez, brought action against her
employer, Hospitality Ventures-Denver L.L.C. (Hospitality Ventures),
and two of its managers, under the Family Medical Leave Act (FMLA)1
and Colorado tort law.2 Hospitality Ventures moved to compel
arbitration, arguing that Pérez’s claims were covered by the arbitration
agreement in the employee handbook.3 The Handbook stated that “the
employee and [Hospitality Ventures] . . . agreed to submit any dispute
arising under the Handbook or employment with [Hospitality Ventures]
to binding arbitration pursuant to the provisions of the Federal