Can an employer compel an employee to shorten the limitation period applicable to a discrimination claim under Title VII of the 1964 Civil Rights Act, the federal law prohibiting most forms of employment discrimination in the workplace? "No" answered the Sixth Circuit in a somewhat surprising recent decision in Logan v. MGM Grand Detroit Casino.
This gets kind of complicated because Title VII has two limitation periods, one of 300 days in states like Kentucky that have a state agency, the Kentucky Commission on Human Rights, that also enforces employment discrimination laws, while in states lacking such an agency the limitation period is 180 days. Title VII also requires that an administrative charge of discrimination be filed with one of these agencies as a predicate to filing suit in federal court.
The employer in the Logan case tried to force the employees to agree to shortening the limitation period. This was unlawful the Sixth Circuit ruled.
The upshot of this for employees in Kentucky is that an employer may not compel an employee to agree to shortening the limitation period for filing a discrimination charge.
Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in employment discrimination cases throughout Kentucky; contact him at 859-254-7076.