DaVita Medical Group is an American managed care provider that operates practices in California, Colorado, Florida, Nevada, New Mexico and Washington. The company is a subsidiary of DaVita Inc. with approximately 74,500 employees and serves more than 1,700,000 patients. DaVita Medical Group operates several different subsidiaries, in California, it operates as HealthCare Partners, in Colorado it operates as DaVita Medical Group and Mountain View Medical Group, in Nevada it operates as HealthCare Partners and WellHealth Quality Care, in Washington it operates as The Everett Clinic, and in Florida and New Mexico it operates under its flagship name, DaVita Medical Group.
Any controversy or claim arising out of, relating to, or in any way connected with this Agreement, any alleged breach thereof, or Employee’s employment, which was not resolved through the use of the mediation procedure set forth in Section 7.1, shall be settled by arbitration in accordance with the rules of the — National Rules for the Resolution of Employment Disputes of the American Arbitration Association. Without limiting the general nature of the foregoing, such claims include, but are not limited to: wage and benefit claims; contract claims; tort claims; defamation claims; claims for employment discrimination (statutory or nonstatutory) based on age, race, sex, national origin, color, religion, disability (perceived, actual, or record of), medical condition, sexual orientation, and marital status; claims for harassment; and claims for a violation of federal, state, local, or other government law, constitution, statute, regulation, or ordinance. The arbitrator shall apply the appropriate federal or state law, shall have the authority to interpret this Agreement (but does not have the power to amend, change, delete, or add any terms), and shall have the power to determine the appropriate legal or equitable remedy, if any. The arbitrator’s decision, which must be in writing, will be final and binding, and the arbitrator’s award may be entered in any court having jurisdiction thereof. –