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Mandatory employment arbitration agreements in California

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in Discrimination and Harassment,Employment Law,Human Resources

by Aaron Roblan, Esq.

The California Supreme Court has issued a decision providing useful clarification to employers that want to revise or enforce existing mandatory arbitration agreements.

The court ruled that:

  • Arbitration awards can be overturned if the arbitrator commits a clear error of law and deprives an employee of a hearing on the merits of their Fair Employment and Housing Act (FEHA) claims or other unwaivable statutory claims.
  • Arbitration agreements may preclude employees from pursuing administrative adjudication remedies.
  • In FEHA cases, arbitrators must explain their decisions and can’t simply rule.

The case has important implications for California employers that use mandatory arbitration agreements.

A matter of timing

Luis Turcios worked for Pearson Dental Supplies as a janitor from February 1999 until he was terminated on Jan. 31, 2006. On April 5, 2006, Turcios filed an age discrimination complaint with the...(register to read more)

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