Case: Individual Employment Rights/Arbitration (Cal. Ct. App.)

The California Court of Appeal denied Blue Origin, LLC’s motion to compel arbitration of sexual harassment claims under the Fair Employment and Housing Act and other employment claims brought by a male senior director of program management, finding that the arbitration agreement was both procedurally unconscionable as a contract of adhesion and substantively unconscionable because it was overbroad, lacked mutuality by exempting claims likely to be brought by the employer, improperly waived the right to a jury trial, and impermissibly waived the right to bring representative PAGA claims, with these unconscionable provisions being inseverable.

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