Al-Safin

BACKGROUND

In June 1997, Al-Safin applied for a job at a Circuit City store in the state of Washington. Before Circuit City would consider his application, Al-Safin was required to sign an arbitration agreement entitled “Circuit City Dispute Resolu- tion Agreement” (“DRA”). By signing the DRA, Al-Safin agreed to resolve all disputes arising out of his employment relationship with Circuit City through arbitration in accor- dance with the “Circuit City Dispute Resolution Rules and Procedures” (“DRRP”).

Rule 19 of the DRRP in effect in 1997 (the “1997 DRRP”) stated that both the DRA and the DRRP could be amended “on December 31st of any year upon giving 30 calendar days written notice to Associates, provided that all claims arising before alteration or termination shall be subject to the [DRA] and corresponding [DRRP] in effect at the time the claim arose.”1 (Emphasis added.) 1 “Circuit City refers to all job applicants and to current and former employees as ‘Associates.’ ” Ingle v. Circuit City Stores, Inc., 328 F.3d 1165, 1169 n.1 (9th Cir. 2003). 654 AL-SAFIN v. CIRCUIT CITY STORES While Al-Safin was still employed by Circuit City, the DRRP was amended, effective…