Arbitration agreement
Applicant agrees that, except as otherwise provided, any claims or disputes, past, present or future, arising out of or related to this application and the selection and hiring process, and employment and/or termination (if I am hired), will be decided by mutual, final and binding, and individual arbitration governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) under the then current Employment Arbitration Rules of the American Arbitration Association (“AAA Rules”), which are available on the internet at www.adr.org/employment. Disputes will be decided by a single arbitrator and not by way of court or jury trial. This agreement to arbitrate is intended to apply to the resolution of justiciable disputes that otherwise would be resolved in a court of law or forum other than arbitration, and by way of example and without limitation, this agreement to arbitrate covers claims for discrimination, harassment, retaliation, trade secrets, unfair competition, minimum wage and overtime or other compensation or any monies claimed to be owed, and claims under Title VII of the Civil Rights Act of 1964, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Pregnancy Discrimination Act, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Fair Labor Standards Act, the Genetic Information Non-Discrimination Act, the Uniformed Services Employment and Reemployment Rights Act, and any other federal, state or local statutes, if any, addressing the same or similar subjects. This agreement to arbitrate does not apply to claims that are barred from arbitration under a controlling federal statute. This agreement to arbitrate also does not apply to representative actions for civil penalties filed under the California Private Attorneys General Act, which may only be maintained in a court of competent jurisdiction. The University agrees to pay the fees and costs of arbitration under the AAA Rules and applicable law. Nothing in this agreement to arbitrate prevents an individual from filing a claim or complaint with law enforcement agencies and/or governmental administrative agencies, including without limitation, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and National Labor Relations Board, and the University will not retaliate against you for filing any such claim or complaint. This agreement to arbitrate also does not prevent or prohibit you from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse.
The arbitrator will be an attorney experienced in employment law and licensed to practice law in the state in which the arbitration is convened or a retired state or federal judge from any jurisdiction. The AAA will give each party a list of nine (9) arbitrators from which the parties will strike alternately, with the party to strike first to be determined by a coin toss conducted by AAA, until only one name remains. That person will be designated as the arbitrator. If the individual selected cannot serve, AAA will issue another list of nine (9) arbitrators and repeat the alternate striking selection process. The arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. Either party may file dispositive motions. Judgment on the award issued by the arbitrator may be entered in any court of competent jurisdiction.
THE UNIVERSITY AND I WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD, DECIDED OR ARBITRATED AS A CLASS AND/OR COLLECTIVE ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM (“Class Action Waiver”). Regardless of anything else in this agreement to arbitrate and/or the AAA Rules that now apply or any amendments and/or modifications to those rules, any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, may be determined only by a court of competent jurisdiction and not by an arbitrator. If a final judicial determination is made that the Class Action Waiver is unenforceable and that a class or collective action may proceed notwithstanding the existence of this agreement to arbitrate, the arbitrator is nevertheless without authority to preside over a class or collective action and any class or collective action must be brought in a court of competent jurisdiction—not in arbitration.