Plaintiff alleges that while employed as an administrative assistant by the defendant corporation she was sexually harassed at work by defendant Hughes, a corporate employee, and that her supervisor, Norma Romano, failed to take appropriate action when plaintiff complained to her. Plaintiff alleges that Mr. Hughes made vulgar sexual remarks to her, inappropriately touched her clothing on one occasion and her buttocks on another. In her amended complaint, plaintiff asserts parallel Title VII and PHRA claims for sexual harassment and retaliatory discharge. Presently before the court are the motions of defendants Creative Resources and Hughes to dismiss this action.
Defendants argue that plaintiff's claims are subject to binding arbitration.
The parties agree to accept the arbitration award as final and binding upon them, and judgment may be entered upon that award in accordance with the practice of any court having jurisdiction. Plaintiff does not dispute that her claims arise out of and relate to her employment and termination and are thus clearly within the scope of the arbitration provision. Rather, she argues that the agreement is unconscionable and the arbitration provision is unenforceable. She asserts that the employer had superior bargaining power, that she did not read the entire contract, that she was not advised to consult counsel and that the arbitration provision was inconspicuous. That plaintiff may not have read or understood the agreement does not render it invalid.