In the case of Logan v. MGM Grand Detroit Casino, 939 F.3d 824 (6th Cir. 2019), the United States Sixth Circuit Court of Appeals held that employers and employees may not contractually shorten the limitation period of bringing a Title VII claim, outside of an arbitration agreement.
In this case, an employer required an employee to sign an agreement that limited that employee’s time to file claims arising out of their employment. This employee filed a charge with the Equal Employment Opportunity Commission (“EEOC”) alleging that the employee was constructively discharged due to sex discrimination. The EEOC issued the employee a “right to sue” letter after which the employee filed their sex discrimination claim. This filing was outside the time frame allowed in the employee’s contract. The trial court granted summary judgment to the employer and the employee appealed.
The Sixth Circuit held that a contract could not limit the time an employee had to file a Title VII discrimination claim. The Sixth Circuit reasoned that where federal statutes — such as Title VII — create rights, cause of actions, remedies, and their own specific statute of limitations, the employee has a substantive right to file a claim until that statute of limitations runs out and this substantive right cannot be waived.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.