Mendez

INTRODUCTION

Defendant Mid-Wilshire Health Care Center (Mid-Wilshire) appeals from an order denying its motion to compel arbitration and to stay this wrongful termination action filed by plaintiff Maribel Mendez. We hold that the arbitration provision in the collective bargaining agreement governing Mendez‟s employment does not apply to Mendez‟s statutory discrimination claims, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mid-Wilshire hired Mendez as a nurse‟s assistant in January 1985, when she was 42 years old. Mendez worked at Mid-Wilshire‟s skilled nursing facility in Los Angeles. She was a union member and served on the union bargaining committee. In February 2009 Mendez, then 66 years old, experienced vaginal bleeding. She sought medical care from a gynecologist who provided her with a note stating she could return to work on March 2, 2009. On that date, Mendez gave the note to Betty Aguilar, who Mendez alleged was Mid-Wilshire‟s sole principal with the “ability to hire, fire, discipline, demote and grant raises.” Aguilar told Mendez to go home and said she would call Mendez on March 4. Aguilar did not call Mendez on March 4, so on March 5 Mendez called Aguilar, who…