Sex discrimination case 580
April 18th, 2012 
admin Sex discrimination is another area of San-Diego-Personal-Injury-attorney.com
Ajamian v CantorCO2e LLP 203 Cal.App.4th 771 (1/5) (2012) Sex discrimination case. Employer’s arbitration petition denied, affirmed. San-Diego-Auto-Accident-lawyer [1] Arbitration agreement broadly worded, did not “clearly and unmistakably” give power to arbitrator to determine validity of agreement (including unconscionability) as required by Federal Arbitration Act 9 USC 1. (Same rule in California.) Fact that AAA. rules authorized arbitrator to do so is insufficient. [2] Agreement is unconscionable: Procedurally because presented as nonnegotiable adhesion contract. Substantive by requiring employee to waive statutory and punitive damages and for employer-only attorney fees. [3] Unconscionable provisions may be saved by Pearson Dental (If agreement ambiguous and reasonable interpretation would save it, then court should do so), not possible here where terms not ambiguous. [4] Staying in employment or accepting promotion is not tacit agreement to arbitration provision of employee handbook. San Diego personal injury attorney