Dist. Ct. did not err in denying plaintiff’s request for vacatur of arbitrator’s decision rejecting plaintiff’s claim that defendant-employer violated Americans with Disabilities Act by failing to accommodate him after he suffered work-related injuries. While plaintiff contended that said decision should be set aside, where arbitrator improperly required proof of discriminatory intent in order for plaintiff to prevail on his claim, record showed that arbitrator could consider discriminatory animosity and intent when considering any fault on part of both parties in interactive dialogue process. As such, plaintiff could not show that arbitrator exceeded his authority. Moreover, Ct. emphasized that claim to set aside arbitrator’s decision under 9 USC section 10(a)(4) cannot prevail where losing party merely argues that arbitrator misapplied applicable law.
Federal 7th Circuit Court
Civil Court
Arbitration