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Diana Soto-Fonalledas, et al v. Ritz-Carlton San Juan Hotel Spa & Casino

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Before Lynch, Chief Judge, Boudin and Thompson, Circuit Judges.

On September 30, 2009, Diana Soto-Fonalledas (“Soto”), her husband, and their conjugal partnership filed an employment discrimination suit against the Ritz-Carlton San Juan Hotel, Spa & Casino in federal court. The complaint alleged discrimination on the basis of sex and disability and retaliation in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and various Puerto Rico laws.

The Ritz-Carlton filed a motion to dismiss and compel arbitration pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., on the grounds that the dispute was covered by an arbitration agreement. Soto’s opposition argued that the arbitration agreement invoked by the Ritz-Carlton was invalid and unenforceable on several grounds.

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