Adams

This is an appeal from the district court’s final order compelling arbitration under the Federal Arbitration Act, 9 U.S.C.A. § 1 , et seq. (West 1999) (“FAA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . The district court, however, lacked the authority, as a matter of substantive law, to compel arbitration because the Federal Arbitration Act does not apply to this case. In Craft v. Campbell Soup Co., 177 F.3d 1083, 1094 (9th Cir.1999), we held that the FAA does not apply to labor or employment contracts.

*1071 Factual and Procedural Background

Saint Clair Adams appeals the district court’s order staying the state court action and compelling arbitration. Circuit City sought mutually binding arbitration under Section 4 of the FAA in response to Adams’s state court lawsuit under the California Fair Employment and Housing Act (“FEHA”). On October 23, 1995, Adams completed a six-page application to work at Circuit City Stores. On pages two and three of the application, Adams signed a document titled “Circuit City Dispute Resolution Agreement” (“DRA”). The DRA requires that employees submit all claims and disputes to mutually binding arbitration. 1 An employee cannot work at…