Question
In October 1995, Saint Clair Adams applied for a job at Circuit City Stores, Inc., a now-defunct national retailer of consumer electronics. Mr. Adams signed
In October 1995, Saint Clair Adams applied for a job at Circuit City Stores, Inc., a now-defunct national retailer of consumer electronics. Mr. Adams signed an employment application that included the following provision.
I agree that I will settle any and all previously unasserted claims, disputes or controversies arising out of or relating to my application or candidacy for employment, employment and/or cessation of employment with Circuit City, exclusively by final and binding arbitration before a neutral Arbitrator. By way of example only, such claims include claims under federal, state, and local statutory or common law, such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, including the amendments of the Civil Rights Act of 1991, the Americans with Disabilities Act, the law of contract and the law of tort.
Mr. Adams was hired as a sales counselor in Circuit City's store in Santa Rosa, California.
Two years later, Mr. Adams filed an employment discrimination lawsuit against Circuit City in state court, asserting claims under California's Fair Employment Act. Circuit City filed suit in the U.S. District Court seeking to stop the state court action and to compel arbitration under the FAA. Mr. Adams says the arbitration clause violates his statutory rights for protection against employment discrimination and that he has the right to go to court, not arbitration. Who is correct? Can Mr. Adams be required to submit to arbitration? [Circuit City Stores, Inc. v Adams, 532 U.S. 105 (2001)]
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