Equal Employment Opportunity Commission, Plaintiff-Appellee,
v.
Luce, Forward, Hamilton & Scripps, Defendant-Appellant.
Equal Employment Opportunity Commission, Plaintiff-Appellant,
v.
Luce, Forward, Hamilton & Scripps, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 27, 2003.
Filed September 30, 2003.
Attorney(s) appearing for the Case
Charles A. Bird, Kelly Capen Douglas, Luce, Forward, Hamilton & Scripps LLP, San Diego, California, for the defendant-appellant-appellee.
Dori Bernstein, EEOC, Washington, DC, for the plaintiff-appellee-appellant.
Cliff Palefsky, McGuinn, Hillsman & Palefsky, San Francisco, California, for intervenor Donald Lagatree, and for amici curiae National Employment Lawyers Association and American Association of Retired Persons.
Robert F. Walker, Paul Hastings Janofsky & Walker LLP, Los Angeles, California, for amicus curiae The Employers Group.
David S. Schwartz, University of Wisconsin Law School, Madison, Wisconsin, and John M. True, Leonard Carder, LLP, Oakland, California, for amici curiae George Miller, Barney Frank, Dennis J. Kucinich, John Conyers, Jr., Robert E. Andrews, William D. Delahunt, Harold E. Ford, Jr., Ron Kind, Edward J. Markey, Major R. Owens, Donald M. Payne, Hilda L. Solis, John F. Tierney, and Lynn L. Woolsey, Members of the United States House of Representatives.
Ann Elizabeth Reesman, McGuiness Norris & Williams, LLP, Washington, DC, for amici curiae Equal Employment Advisory Council and LPA, Inc.
Before: Mary M. Schroeder, Chief Judge, Harry Pregerson, Stephen Reinhardt, Pamela Ann Rymer, A. Wallace Tashima, Barry G. Silverman, Susan P. Graber, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, and Richard R. Clifton, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted March 27, 2003 — San Francisco, California.
Opinion by Judge Tashima; Partial Concurrence and Partial Dissent by Judge Pregerson; Dissent by Judge Reinhardt.
OPINION
TASHIMA, Circuit Judge.
Donald Scott Lagatree was refused employment as a legal secretary by Luce, Forward, Hamilton & Scripps LLP ("Luce Forward") because he refused to sign an agreement to arbitrate all claims arising from his employment. Lagatree...
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