Brevard v. Credit Suisse

Background

Myra L. Brevard worked for Credit Suisse as an administrative assistant, first beginning employment in 2004 and later being rehired in 2014. She alleged that severe pain and nerve damage in her right foot and leg prevented her from returning to work after disability leave began in May 2016. In 2020, she sought to return part time with a reduced schedule. Credit Suisse later informed her that her disability leave would expire and terminated her employment effective May 2020.

Brevard filed a charge with the Equal Employment Opportunity Commission and received a notice allowing her to sue. She then filed this action without a lawyer, alleging disability discrimination under the Americans with Disabilities Act and violations of the Health Insurance Portability and Accountability Act.

Motion to Compel Arbitration

Credit Suisse moved under the Federal Arbitration Act to compel arbitration and dismiss the case. It submitted signed agreements from 2004, 2014, and 2015, including a 2014 agreement requiring Brevard to use Credit Suisse’s Employment Dispute Resolution Program.

Brevard said she did not remember signing the 2014 arbitration agreement and argued that it was invalid because she had already been working for Credit Suisse for about 20 days when she signed it. The court held that her continued employment provided sufficient consideration for the agreement. It also held that her failure to remember signing the agreement did not undo it because she did not dispute that the signature was genuine.

Brevard also challenged the 2015 employment agreement based on alleged pressure related to a workplace transfer. The court did not need to resolve that challenge because the separate 2014 arbitration agreement was valid and sufficient to require arbitration. The court also rejected Brevard’s argument that UBS’s acquisition of Credit Suisse invalidated the arbitration agreement, explaining that an arbitration agreement may be enforced by and against a successor in interest.

Scope of the Agreement

The 2014 agreement covered claims relating to or arising from Brevard’s employment or termination and expressly included employment claims under the Americans with Disabilities Act. The court therefore ruled that Brevard’s disability-discrimination claim fell within the agreement’s scope.

The court also ruled that her Health Insurance Portability and Accountability Act claim arose from her employment because it concerned medical information allegedly disclosed during communications about returning to work. The court additionally noted that the statute does not create a private right to sue, meaning individuals cannot enforce its provisions through a federal lawsuit.

Waiver

Brevard argued that Credit Suisse waived arbitration by not invoking it during the Equal Employment Opportunity Commission process or earlier in the federal case. The court rejected that argument. The case had been pending for about three months, Credit Suisse’s motion to compel was its first substantive filing, and discovery had not begun. The court also reasoned that seeking to compel arbitration before the Equal Employment Opportunity Commission would have been futile because that agency is not bound by private arbitration agreements.

Disposition

Judge Liman granted Credit Suisse’s motion to compel arbitration and dismiss. Because neither party requested that the case be stayed while arbitration proceeded, the court dismissed the action and directed the Clerk of Court to close the case and the motion.