Court Upholds Contractual Six-Month Filing Deadline for Age Discrimination Claim
After an employee for a delivery service was terminated, he filed an age discrimination claim against his employer. In addition to defending the matter on the merits, the employer also argued that employee's age claim was time-barred due to a six-month limitation period included within the employee's employment agreement. The employee argued that the provision was unenforceable because it foreclosed his ability to wait and receive a right to sue notice from the EEOC before bringing suit. In rejecting this argument, the Sixth Circuit pointed to the fact that claims under the Age Discrimination in Employment Act (ADEA), unlike claims brought pursuant to Title VII of the Civil Rights Act of 1964, do not require an employee to receive a right to sue notice as a precondition to filing suit. Rather, an employee can file suit 60 days after filing a charge of discrimination with the EEOC. Consequently, the provision did not impair the employee's rights and was held to bar his ADEA claim. In light of this holding, coupled with recent strong Supreme Court support for the enforceability of class waivers within employment agreements, employers should evaluate their use of employment agreements within the workforce and determine if additional protections can be incorporated.
Topics
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 2, 2026
Expansive New Commercial Financing Licensing Requirement Signed into Law in California

In The News
Oct 2, 2026
Spencer Kook Explores How AI is Reshaping the Insurance Workforce

In The News
Oct 1, 2026
Jennifer Driscoll Discusses Emerging Antitrust Risks Tied to Social Media Algorithms

Healthcare Alert
Sep 30, 2026
Feeding Better Outcomes: The OIG’s Compliance Roadmap for Food-As-Medicine Programs

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 30, 2026
Illinois Supreme Court Delivers a Third Key Win for Mortgage Lenders

In The News
Sep 28, 2026
Carol Rooney and Adam Topel Co-Author Article on Recent Developments in Appellate Advocacy

In The News
Sep 28, 2026
Lucy Wang Discusses New Landmark California Wildfire Insurance Reforms

Event
September 27–29, 2026
Hinshaw Partners Discuss Key Compliance and Litigation Issues at the 2026 MBA Conference

Press Release
Sep 24, 2026
Hinshaw Recognized as a 2027 “Powerhouse in Litigation” by BTI Consulting



