This section contains the nature of the case and procedural background.

P sued D for race discrimination, harassment, and retaliation pursuant to 42 U.S.C § 1981. D moved to compel arbitration under the terms of the company's Dispute Resolution Process. In 2004, P acknowledged in writing his receipt of D's Policy Guide to Workplace Conduct, which included the terms of the Dispute Resolution Process. The Guide, by its terms, applied to all applicants and nonunion employees and submitting to it is a condition of employment. P refused to sign the Dispute Resolution Agreement. After receiving the Guide in 2004, P continued to work until sometime around April 2007.

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