The Fourth Circuit Court of Appeals recently joined the Sixth Circuit in holding that employers cannot enforce contractual provisions that shorten the time employees have to bring claims under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”).
In Thomas v. EOTech, LLC, the Fourth Circuit reversed a lower court decision upholding a contractual provision requiring an employee to bring any employment-related claims—including termination, discrimination, and wage claims—within 180 days of the challenged event or action, even where federal law provided for a longer filing period. 169 F.4th 259 (4th Cir. 2026).
The Fourth Circuit explained that allowing employers to shorten statutory filing deadlines would undermine Congress’s “carefully integrated remedial scheme,” make the administrative remedy process more difficult for employees to navigate and could improperly influence how the Equal Employment Opportunity Commission (“EEOC”) prioritizes cases. Id. at 265-267.
However, the Fourth Circuit clarified that parties may still agree to shortened filing deadlines where there is no controlling statute to the contrary, provided that the shortened period is reasonable, and the agreement is not procured through fraud or duress. Id. at 269. The Fourth Circuit also distinguished its holding in Thomas from contractual provisions shortening the time-period to initiate arbitration, emphasizing that federal policy favors arbitration agreements. Id. at 267.
What Should Employers Do Now?
Employers—particularly those in the Fourth and Sixth Circuits—should review their employment agreements and other employment-related contracts for provisions that shorten filing deadlines for federal discrimination claims and revise accordingly.
Further, with both the Fourth and Sixth Circuits now aligned on this issue, multistate employers should consider adopting a uniform national policy that does not rely on contractual limitations periods for federal anti-discrimination claims, as other circuits may soon follow suit.
*Stephen Zashin, an OSBA Certified Specialist in Employment & Labor Law, regularly advises clients on all employment related matters, including employment discrimination matters. If you have questions about employment agreements or any employment law questions, please contact Stephen at ssz@zrlaw.com or (216)696-4441.