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California Court Rejects Arbitration Agreement for Unconscionability

February 12, 2016

On October 27, 2015, the California Court of Appeal, in an unpublished decision, issued yet another ruling applying the unconscionability doctrine to arbitration agreements in the employment context. In Prince v. Pletcher, B260864, a former  production company employee alleged that the defendants violated California’s Fair Employment and Housing Act (FEHA) and committed various other wrongs including fraud, misrepresentation, and breach of contract. The defendants moved to compel arbitration and the plaintiff argued that, among other things, the arbitration agreement was both procedurally and substantively unconscionable.

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.
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