Cronin v. Sheldon12/17/1999
Special Action from the Superior Court in Maricopa County The Honorable Steven D. Sheldon, Judge (Cronin) The Honorable John H. Seidel, Judge (Finley)
JURISDICTION ACCEPTED; RELIEF DENIED
Petitioners Janette Cronin (Cronin) and Linda Finley (Finley) bring separate actions against their respective employers, Denny's Restaurants, Inc. (Denny's) and Calvary Rehabilitation Center (Calvary). We have consolidated the two cases because in relevant part they involve the same issue: Whether a cause of action alleging the tort of wrongful termination in violation of the public policy set forth in the Arizona Civil Rights Act (ACRA), A.R.S. §§ 41-1401 to -1492 (1999), may be constitutionally restricted to ACRA's statutory remedies by the exclusive remedies provision of the Employment Protection Act (EPA), A.R.S. § 23-1501(3)(b)(i) (Supp. 1998). The state legislature enacted ACRA in 1965 and substantially amended it in 1974. The EPA was enacted in 1996.
I. Special Action Jurisdiction
We accept special action jurisdiction pursuant to Rule 4(a), Rules of Procedure for Special Actions, but we emphasize that " irect filing in [the Supreme Court] is exceptional . . . ." Green v. Superior Court, 132 Ariz. 468, 470, 647 P.2d 166, 168 (1982). The sole issue before us is one of law and of statewide significance, affecting employees and employers throughout Arizona. See Denton v. Superior Court, 190 Ariz. 152, 154, 945 P.2d 1283, 1285 (1997); Arizona Dep't of Pub. Safety v. Superior Court, 190 Ariz. 490, 493-94, 949 P.2d 983, 986-87 (App. 1997).
Moreover, the cases at bar raise an issue of first impression. See Vo v. Superior Court, 172 Ariz. 195, 198, 836 P.2d 408, 411 (App. 1992). The constitutionality of the EPA has been challenged on various grounds in both the federal and state courts, and numerous published articles express differing points of view. The potential exists that trial courts may produce conflicting results, see Denton, 190 Ariz. at 154, 945 P.2d at 1285; Valler v. Lee, 190 Ariz. 391, 392, 949 P.2d 51, 52 (App. 1997), and the question of constitutionality now demands consistent, statewide application.
Though we accept jurisdiction, we reject petitioners'
jurisdictional arguments. We disagree that under Special Action Rule 3(c), the trial courts acted arbitrarily, capriciously, or otherwise abused their discretion in upholding the constitutionality of the EPA. On the contrary, the trial courts did not ignore the law, but rather applied the EPA, presumptively a valid statute, to bar petitioners' wrongful discharge tort claims.
Nor do we agree that, pursuant to Special Action Rule 1(a), petitioners are afforded no equally plain, speedy and adequate remedy by appeal. See Purcell v. Superior Court, 172 Ariz. 166, 169, 835 P.2d 498, 501 (App. 1992). While petitioners ultimately have an avenue of appeal available, such availability "does not foreclose the exercise of [an appellate] court's discretion to accept jurisdiction." Arizona Dep't of Pub. Safety, 190 Ariz. at 493, 949 P.2d at 986.
Accordingly, we take jurisdiction to decide the constitutional issue. Jurisdiction is predicated on article 6, § 5(3) of the Arizona Constitution and Special Action Rule 4(a).
II. Facts & Procedural History
A. Cronin's Claim
Petitioner Janette Cronin was employed as manager of a Denny's restaurant from March 19, 1993, until her discharge on July 3, 1996. During three years as manager, Cronin reported to Herbert Eckhardt, who, according to the complaint, propositioned her persistently and made inappropriate sexual remarks. Cronin claims Eckhardt's beha
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