In the landmark 2000 case of Armendariz v. Foundation Health Psychcare Services, Inc.1 the California Supreme Court made it clear that employers could require employees to submit statutory claims to arbitration, provided certain minimal standards of fairness were met. The court specifically ruled that a claim of violation of the Fair Employment and Housing Act (FEHA) could be the subject of a mandatory arbitration provision, so long as there was no waiver of statutory rights and the terms of the arbitration agreement were not otherwise unconscionable.
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