Sixth Circuit Holds Employees Cannot Agree to Shortened Federal Anti-Discrimination Statutes Deadlines
The Sixth Circuit Court of AppealsFN1 held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.FN2 The Sixth Circuit previously held that agreements cannot shorten deadlines for Title VII’s deadlines.FN3
In the case before the Circuit, the employee signed a Handbook Acknowledgement obligating her to bring any claim or lawsuit arising out of her employment within six months and waived any statute of limitations to the contrary. However, employment discrimination claims under Title VII, the ADA, and the ADEA, must first be brought to the U.S. Equal Employment Opportunity Commission (EEOC), where employees have 90 days to file a lawsuit in court after the investigation is completed. The Court concluded that allowing employers to alter the statutes’ proscribed filing windows gives them an incentive not to cooperate with the investigation by the EEOC and will result in the federal statues being unevenly applied depending on an employer’s specific policy.
Takeaway
Employers should review their policies with the understanding that an agreement may not allow for a shortened deadline for employees to bring claims against them. Employers should contact the attorneys at Campbell Litigation to assist reviewing policies and the law in your jurisdiction.
Footnotes:
FN1 - The United States Court of Appeals for the Sixth Circuit has jurisdiction over federal appeals arising from the states of Kentucky, Michigan, Ohio and Tennessee.
FN2 - Thompson v. Fresh Products, LLC, et al., No. 20-3060 (6th Cir. 2021).
FN3 – See Logan v. MGM Grand Detroit Casino, No. 18-1381 (6th Cir. 2019).