Employee worked for employer for 14 years. A year before his termination the company required him to sign an acknowledgement of its dispute resolution policy, which contained an arbitration provision. He signed another acknowledgement the following year. After his termination, he filed a sex harassment case. The employer moved to compel arbitration. The district court denied the motion because?? the?? acknowledgement?? itself?? did?? not mention waiver of the right to jury trial. Employer appealed. The Ninth Circuit reversed. It acknowledged that prior Ninth Circuit law required the signed acknowledgment? itself? mention? arbitration? and the waiver of the right to jury trial. The court distinguished those cases because they involved handbook acknowledgements rather than a ?Dispute Resolution Policy.? Because the policy, which was not provided to the employee, contained? an? arbitration? provision,? and? a? jury trial waiver, the employee had ?knowingly? agreed to arbitration.
Ashbey v. Archstone Property Mgt., Inc., — F.3d— (9th Cir. 5/12/15) (Bea, Bybee, Christen).