In Baltazar v. Forever 21, Inc., the Supreme Court today unanimously enforces an arbitration agreement that precludes a court trial on an employee’s action alleging harassment, race and sex discrimination, and retaliation.  The employee claimed the agreement unreasonably favored her employer because, although it allowed either party to seek from a court preliminary injunctive relief even if a claim is being arbitrated, the employer was more likely than an employee to seek that relief.  The court’s opinion by Justice Leondra Kruger rejects the argument because the agreement’s injunctive relief provision just restates a right the parties have by statute anyway.  The court concludes that “an arbitration agreement is not substantively unconscionable simply because it confirms the parties’ ability to invoke undisputed statutory rights.”

The court affirms the Second District, Division One, Court of Appeal.  It disapproves a 2010 decision by the First District, Division Four, Court of Appeal.