The Court of Appeal affirmed. The distribution of the memorandum adopting the dispute resolution program made binding arbitration one of the terms of Craig's employment. Her continued employment following distribution of the memorandum constituted implied acceptance of the new procedure. Under Armendariz, mandatory employment arbitration agreements are enforceable so long as they permit employees to vindicate their statutory rights. The cost to the employee is less than the filing fee for a superior court lawsuit.
Adequate discovery is available.
Employees can recover all remedies that would be available in court. The arbitrator must issue a written decision, which is subject to judicial review. Denial of those services does not offend the due process or equal protection clauses. Christopher Hooks received his education at home from his parents, under an exemption from Nevada's compulsory attendance law. The local school district refused his parents' request for speech therapy services, pursuant to a policy that denied such benefits to home-schooled children.