ARMENDARIZ v. FOUNDATION HEALTH PSYCHCARE

No. S075942.

99 Cal.Rptr.2d 745 (2000)

24 Cal.4th 83

6 P.3d 669

Marybeth ARMENDARIZ et al., Plaintiffs and Respondents, v. FOUNDATION HEALTH PSYCHCARE SERVICES, INC., Defendant and Appellant.

Supreme Court of California.

August 24, 2000.


Attorney(s) appearing for the Case

Pillsbury Madison & Sutro, William Gaus, Craig E. Stewart, Alice Kwong Ma Hayashi and Emily E. Flynn, San Francisco, for Defendant and Appellant.

Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., Leslie L. Abbott, Los Angeles, and Kristen L. McMichael for California Employment Law Council as Amicus Curiae on behalf of Defendant and Appellant.

Jones, Day, Reavis & Pogue, William J. Emanuel, Harry I. Johnson III, Holger C. Besch, Los Angeles; Law Offices of Steven Drapkin and Steven Drapkin, Los Angeles, for Employers Group as Amicus Curiae on behalf of Defendant and Appellant.

Miller, Clark, Calvert & Raimondi, Berkeley, Glenn M. Clark, Orange, Allan C. Miller, Berkeley; Altshuler, Berzon, Nussbaum, Berzon & Rubin, Michael Rubin and Indira Talwani, San Francisco, for Plaintiffs and Respondents.

McGuinn, Hillsman & Palefsky, Cliff Palefsky and Keith Ehrman, San Francisco, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, and Kathleen W. Mikkelson, Deputy Attorney General, for the State of California as Amicus Curiae on behalf of Plaintiffs and Respondents.

The Sturdevant Law Firm and James C. Sturdevant, San Francisco, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Respondents.


MOSK, J.

In this case, we consider a number of issues related to the validity of a mandatory employment arbitration agreement, i.e., an agreement by an employee to arbitrate wrongful termination or employment discrimination claims rather than filing suit in court, which an employer imposes on a prospective or current employee as a condition of employment. The employees in this case claim that employees may not be compelled to arbitrate antidiscrimination claims brought...

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