Mathews filed a grievance under a CBA with owners of the Denver Post and Rocky Mountain News, alleging that his demotion was motivated by national origin discrimination and in retaliation for previous complaints, which were ultimately denied by an arbitrator. Mathews subsequently sued the employer under Title VII in federal district court for national origin discrimination and retaliation. The antidiscrimination clause in the CBA between the union and the employer stated:

The Employer and the Union acknowledge continuation of their policies of no discrimination against employees and applicants on the basis of age, sex, race, religious beliefs, color, national origin or disability in accordance with and as required by applicable state and federal law.

Is Mathews entitled to bring a Gardner Denver-based statutory case of discrimination against the employer, having lost his grievance in arbitration? Or are his statutory claims under Title VII precluded under the Pyett decision? [Mathews v. Denver Newspaper Agency, LLP, No. 09-1233 (10th Cir., Mar. 16, 2011)]