This section contains the nature of the case and procedural background.

P applied for work at D. She was required to sign an arbitration agreement for D to consider her employment application. By signing the arbitration agreement, P agreed to resolve all employment-related legal claims through arbitration. On June 21, 1999, P filed an action against D alleging claims of sexual harassment, sex discrimination, and disability discrimination. D moved to compel arbitration. The district court entered an order denying the motion on the ground that the arbitration agreement was unenforceable in that D's form application for employment unlawfully conditioned P's employment on her agreement to forego statutory rights and remedies. D appealed.

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