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NELSON v. CYPRUS BAGDAD COPPER CORP.

No. 95-17083.

119 F.3d 756 (1997)

Melton NELSON; Lanita Nelson, Plaintiffs-Appellants, v. CYPRUS BAGDAD COPPER CORPORATION; Cyprus Amax Mineral Company; Randy Scott, husband; Jane Doe Scott, wife; Gary Hutchinson, husband; Kathleen Hutchinson, wife, aka Jane Doe Hutchinson; Janette Bush, wife; John Doe Bush, husband; Joseph Mortimer, husband; Jane Doe Mortimer, wife; Jack McKeon, husband; Jane Doe McKeon, wife; Paul Austin, husband; Jane Doe Austin, wife; Raymond Bramlett, husband; Jane Doe Bramlett, wife; Lloyd Flannigan, husband; Jane Doe Flannigan, wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1997.

Attorney(s) appearing for the Case

Michael E. Medina, Jr., Kimble, Gothreau & Nelson, Tucson, AZ, for plaintiffs-appellants.

William M. Shattuck, Phoenix, AZ, for defendants-appellees.

Before: REINHARDT and RYMER, Circuit Judges, and TANNER, District Judge.

Opinion by Judge Reinhardt; Dissent by Judge Rymer.

REINHARDT, Circuit Judge:

We are asked on this appeal to determine whether arbitration provisions contained in an Employee Handbook unilaterally issued by an employer serve to waive an employee's rights to a judicial determination of his claims under the Americans with Disabilities Act of 1990 and the Arizona Civil Rights Act.

I. FACTS

Plaintiff...

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