Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, “AGREEMENT TO ARBITRATE.” The Agreement continued onto the ninth page, at the bottom of which was a yellow highlighted signature line. Plaintiff signed all of the signature lines in the application with the exception of the one for the Agreement. She handed the application to [the human resources employee]. He reviewed the application and gave it back to her, saying she had to sign the Agreement. Plaintiff shook her head, indicating she would not do so. [The human resources employee] took the application and spoke to another employee. The other employee told plaintiff, “sign it or no job.” Plaintiff signed the Agreement to arbitrate. The trial court denied the employer’s petition for arbitration, finding the agreement was unconscionable. The appellate court reversed, stating the agreement was not unconscionable. Baltazar v. Forever 21, Inc. (Cal. App. Second Dist., Div. 1; December 20, 2012) 212 Cal.App.4th 221.
Leave a Reply
You must be logged in to post a comment.