EEOC v. PJ Utah, LLC, No. 15-4079 (10th Cir. 2016)
Annotate this CaseThe Equal Employment Opportunity Commission (EEOC) brought a civil enforcement action against three Papa John’s entities for violating the Americans with Disabilities Act (ADA) by denying a reasonable workplace accommodation to the appellant. Scott Bonn, and firing him for requesting this accommodation. Bonn moved to intervene, but the district court determined that Bonn’s claim was subject to arbitration under an agreement that Bonn’s mother had executed. Based on this determination, the district court denied the motion to intervene and ordered Bonn to arbitrate his claim. Bonn appealed the denial of his motion to intervene and the order compelling arbitration. After review, the Tenth Circuit concluded that the arbitration agreement did not curtail Bonn’s unconditional statutory right to intervene. Accordingly, the Court reversed the denial of the motion to intervene. Furthermore, the Court concluded that it lacked appellate jurisdiction over the order compelling arbitration. "Although the district court ordered Mr. Bonn to arbitrate his claim, that order did not affect the EEOC’s claim against Papa John’s, which remains pending. Because that claim remains, the order compelling arbitration did not constitute a 'final decision,' which is necessary for appellate jurisdiction over an order compelling arbitration. Therefore, we dismiss this part of Mr. Bonn’s appeal."
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