Zuver v. Airtouch Communications, Inc.

103 P.3d 753 (2004)

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Nature of the Case

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Facts

D hired P and required that P sign an agreement to arbitrate her disputes. P signed the arbitration agreement and claims that she was not offered an option to negotiate the terms of the agreement. P had been diagnosed with fibromyalgia in November 1996. After she accepted D's offer of employment, her condition worsened. As a result of her increasing fatigue and chronic pain, P requested that 'she be allowed to work part-time and to telecommute, working at home.' D permitted her to work part-time beginning in June 1999. By July 1999, she could no longer work even part-time because of her disability. Consequently, she went on medical leave until April 6, 2000, when D terminated her employment. P filed a complaint alleging that D violated the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW, by discriminating against her because of her disability and by failing to accommodate her disability. Eventually, D discovered its arbitration agreement and moved to compel arbitration. The court granted the motion and P appealed.