Former Tinder Brand Manager Alleging Sexual Harassment Must Adhere to Arbitration Agreement

A former Tinder Brand Manager took her sexual harassment case to the Ninth Circuit arguing the arbitration agreement did not apply as the incidents predated the agreement. The court found the arbitration agreement enforceable based on broad language.

The Case: Elizabeth Sanfilippo v. Match Group LLC et al.

The Court: US Court of Appeals for the Ninth Circuit

The Case No.: 20-55819

The Plaintiff: Elizabeth Sanfilippo

Elizabeth Sanfilippo, the plaintiff in the case, was hired by Tinder in September 2016 as a brand manager. According to the complaint, the plaintiff complained to human resources at her employment in mid-2017 and January 2018 stating that she was being subjected to sexual harassment at the hands of her Tinder coworkers and supervisors.

The Defendant: Match Group LLC et al.

During the same time period when Sanfilippo submitted sexual harassment complaints to the Tinder human resources department, the company was acquired by Match Group, Inc. (in July 2017). After Match Group acquired Tinder, they sent out a mandatory arbitration agreement to the employees. The plaintiff, Elizabeth Sanfilippo, signed the agreement and continued working for Match Group until March 2018 when Match Group terminated her employment.

Summary of the Case: Elizabeth Sanfilippo v. Match Group LLC et al.

Sanfilippo sued in California state court claiming sexual harassment and retaliation. The case was removed to federal court where Match Group successfully moved to compel arbitration. On appeal, the plaintiff argued that the arbitration agreement was unenforceable, and did not cover her claims (which predated the arbitration agreement with Match Group). However, the Ninth Circuit held the arbitration agreement enforceable and applicable to the allegations (even though the plaintiff didn’t sign the arbitration agreement until after the claims occurred).

More Details on the Case: Elizabeth Sanfilippo v. Match Group LLC et al.

The court noted the arbitration agreement’s broad language applying the arbitration requirement to “all claims and controversies arising from or in connection with [the employee’s] application with, employment with, or termination from the Company.” Since the arbitration agreement referenced “all claims and controversies,” the court found that the plaintiff’s claims that predated the arbitration agreement were included. The Ninth Circuit was also not swayed when the plaintiff argued that the arbitration agreement included a provision allowing the employer to modify the terms unilaterally. The court did recognize that this provision could be unconscionable. However, since Match Group did not attempt to modify the agreement and were instead attempting to enforce the agreement as is, the court found that while the provision itself could be found unconscionable, its existence did not render the entire arbitration agreement unenforceable. Accordingly, the Ninth Circuit Court of Appeals ruled that the plaintiff, ex-Tinder employee, Sanfilippo, must arbitrate her claims against her former employer.

If you have questions about California employment law or if you need help with an arbitration agreement, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.