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Seyfarth Synopsis : the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an employer can contractually shorten the limitations periods with respect to certain discrimination claims. In addition, the Court provided a helpful discrimination analysis that employers in the Sixth Circuit may want to rely on in any future litigation. Factual Background Plaintiff Cassandra Thompson, a 52 year old African American, worked for Defendant Fresh Products, LLC at its production facility in Ohio. Plaintiff suffered from arthritis, which affected her ability to lift heavy objects. When hired by Fresh, Thompson signed a “Handbook Acknowledgment,” which in relevant part provided that Thompson would file “any claim or lawsuit arising out of [her] employment … no more than six (6) months after the date of the employment action that is subject [sic] of the claim or lawsuit.”
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review s (NLR’s) and the National Law Forum LLC s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Thursday, February 4, 2021 The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually shortened limitation periods. In Thompson v. Fresh Products, LLC, No. 20-3060 (January 15, 2021), the Sixth Circuit held that the statute of limitations for claims arising under the ADA and ADEA is a substantive right that cannot be waived by agreement of the parties. This decision was an extension of the Sixth Circuit’s 2019 decision in
To embed, copy and paste the code into your website or blog: The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually shortened limitation periods. In Thompson v. Fresh Products, LLC, No. 20-3060 (January 15, 2021), the Sixth Circuit held that the statute of limitations for claims arising under the ADA and ADEA is a substantive right that cannot be waived by agreement of the parties. This decision was an extension of the Sixth Circuit’s 2019 decision in
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review s (NLR’s) and the National Law Forum LLC s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Dr William F Pickard. NASSAU, BAHAMAS The Ministry of Foreign Affairs announced on Thursday that the government has appointed Dr William F Pickard, PhD, as the first honorary consul of the Commonwealth of The Bahamas in Detroit, Michigan. A statement on the appointment noted: “Dr Pickard’s responsibilities will include inter alia liaising with the government when there are Bahamians in distress and representing the interests of The Bahamas in Detroit.” It added: “Dr Pickard comes from humble beginnings and is the first person in his family to earn a four-year degree. His degree is from Western Michigan University. He went on to earn a Master’s degree in Social Work from the University of Michigan and a Doctorate degree from Ohio State University.
The Ministry of Foreign Affairs is pleased to announce that the Government of The Bahamas has appointed Dr William F. Pickard, PhD, as Honorary Consul of the Commonwealth of The Bahamas in Detroit, Michigan. Dr. Pickard comes from humble beginnings and is the first person in his family to earn a four-year degree. His degree is from Western Michigan University. He went on to earn a Master’s degree in Social Work from the University of Michigan and a Doctorate degree from Ohio State University. Dr Pickard is Chairman and Executive Founder of Global Automotive Alliance (GAA) Manufacturing and Supply Chain Management, GAA New Ventures, Co-Managing Partner MGM Grand Detroit Casino, CEO of Bearwood Management McDonald’s, and co-owner of five black-owned newspapers.