Metters

Ralphs Grocery Company appeals from the order denying its motion to compel arbitration of the action for discrimination and harassment filed against it by its employee, Samuel Metiers. It claims the trial court erred in finding there was no valid agreement to arbitrate. We affirm.

FACTS

Samuel Metiers sued his employer, Ralphs Grocery Company, and his store manager, Bill Frigo (collectively, Ralphs), for racial discrimination and harassment in violation of the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.) (FEHA). Ralphs moved to compel arbitration, claiming Metiers had entered into a binding arbitration agreement when he filled out a dispute resolution form.

Ralphs set forth evidence showing that Metiers answered “yes” to the question: “Do you . . . have any complaints or incidents of unlawful harassment, discrimination or retaliation that you want to report?” on his annual evaluation form in early 2005. On March 9, 2005, Bonnie Franco, the manager of employee relations, sent Metters a letter. Franco’s letter advised she was enclosing the “Notice of Dispute & Request for Resolution form (‘Dispute Form’), the Company’s Policy Against Unlawful…