U-Haul and one of its managers recently faced a complaint alleging retaliation; discrimination; harassment based on race, color, or national origin; and failure to prevent the retaliation, discrimination, and harassment under California’s Fair Employment and Housing Act (FEHA).
U-Haul Co. of California – the defendant in the case of Rocha et al. v. U-Haul Co. of California et al. – hired two brothers as mechanics. U-Haul required all its employees to sign an arbitration agreement as a term of continued employment.
U-Haul revised its employee dispute resolution policy in 2007 and 2013. It made the brothers sign an updated arbitration agreement both times.
The brothers filed administrative complaints with the federal Equal Employment Opportunity Commission. They alleged that their manager, another defendant in this case, harassed and discriminated against them.
Several weeks later, the manager terminated the brothers. With the former Department of Fair Employment and Housing, the brothers filed administrative complaints alleging retaliatory terminations.
The brothers then brought a complaint with the Fresno County Superior Court against U-Haul and its manager. They alleged the four FEHA claims plus a retaliation claim under California’s Labor Code against U-Haul and a defamation claim against U-Haul and its manager.
U-Haul and its manager filed a motion to compel arbitration. The brothers wanted to amend their complaint to add a claim under section 1194 of the Labor Code...
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