Case 3.3: Cruse v. Kroger Co.

????? Stephanie Cruise applied for a job with Kroger Co.?s Compton Creamery & Deli Kitchen. The application contained a clause requiring arbitration of ?employment-related disputes.? Cruise was hired. Four years later, she was fired. Cruise filed a suit in a California state court against Kroger, alleging employment discrimination?retaliation, sexual harassment, sexual and racial discrimination, and failure to investigate and prevent harassment and retaliation?as well as wrongful termination in violation of public policy, intentional infliction of emotional distress, and defamation. Kroger filed a motion to compel arbitration. The court held that there was no proof of a written agreement to arbitrate and denied the motion. Cruse appealed.

????? A state intermediate appellate court reversed. The appellate court concluded that the arbitration clause in the employment application established the parties agreed to arbitrate their ?employment-related disputes? and that Cruise’s claims fell within the meaning of the agreement.

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