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Application Denied: Time To Bring Employment Discrimination Suit Cannot Be Reduced By Contract

7/27/2016

Employment Law Monthly - July 2016

By Deborah H. Share

Two years ago, the Porzio Employment Law Monthly newsletter covered an Appellate Division decision affirming the enforcement of a six-month limitations period on an employee's claims against an employer, found in an employment application. See Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (App. Div. 2014). At that time, we warned that the good news for employers might be short-lived, depending upon any review by the New Jersey Supreme Court. Upon review, the New Jersey Supreme Court in fact reversed the decision - employers cannot contract with employees to reduce limitations periods for discrimination claims. Rodriguez v. Raymours Furniture Co., 2016 WL 3263896 (N.J. June 15, 2016).    

What does this mean for employers now? 

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