An Agreement to Arbitrate Applies to Discrimination Claims and May Be Applied Retroactively

This week, the California Court of Appeal - Second District - held that an agreement to arbitrate "any claim, dispute, and/or controversy" that an employee may have against her/his employer is applicable to the employee's claim of discrimination. The Court of Appeal further determined that the arbitration agreement may be applied retroactively to transactions which occurred prior to execution of the arbitration agreement. (See, Salgado v. Carrows Restaurants Inc. - filed Feb. 26, 2019, 2019 S.O.S. 1332.)