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Dixon v. Dollar Tree Stores Inc.

Store's Manager Assented to Arbitration Agreement by Not Opting-Out by Set Date

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DECISION AND ORDER I. Introduction In this employment discrimination action, Plaintiff Sally Dixon (“Dixon”) alleges sex and age discrimination against Defendant Dollar Tree Stores, Inc. (“Defendant” or “Dollar Tree”) in violation of Title VII, the Age Discrimination in Employment Act (“ADEA”), and the New York State Human Rights Law (“NYSHRL”). Dixon claims being a victim of sexual harassment and retaliatory termination. Before this Court is Defendant’s Motion to Compel Arbitration or to Dismiss (Docket No. 31). Dollar Tree Stores invokes its Arbitration Agreement with Dixon (and its other employees) (Docket No. 3, Steven Pearson Decl. Ex. B, Mutual Agreement to Arbitrate Claims (For Associates Hired Before October 6, 2014) (or “Arbitration Agreement”)) and seeks dismissal of this case in favor of arbitration of her claims. For the following reasons, Defendant’s Motion to Compel Arbitration (Docket No. 3) of Dixon’s present claims is granted as is its Motion to Dismiss (id.), and this case is dismissed. II. Background A. Factual Allegations This Court assumes the truth of the following factual allegations contained in the Complaint. See Hospital Bldg. Co. v. Trustees of Rex Hosp., 425 U.S. 738, 740, 98 S.Ct. 1848, 48 L.Ed.2d 338 (1976). Defendant hired Dixon in February 2013 as an Associate at its Geneseo, New York, store, promoting her in 2014 to store manager (Docket No. 1, Compl.

7, 8; see Docket No. 3, Pearson Decl. 8; Docket No. 3, Def. Memo. at 1). From 2017, Dixon complained to Defendant’s management about inappropriate contacts she had with installation contractors hired by Defendant which she deemed to be instances of sexual harassment. Defendant’s managers, however, dismissed her complaints. (Docket No. 1, Compl.

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