Court dismisses lawsuit filed more than six months after adverse employment action

Ohio's 8th Appellate District enforced a six-month contractual statute of limitations that began to run when the allegedly unlawful adverse employment actions occurred, even though the employee remained employed for another year.

Facts

Amanda Fayak worked in the police department of University Hospitals Health System, Inc., from December 2013 until June 2016, when her employment was terminated following an extended leave of absence. When she originally applied for the position, she filled out, signed, and submitted an employment application that included this statement: "I agree that any claim or lawsuits relating to my service with University Hospitals or any of its subsidiaries or affiliates must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary."

Fayak later alleged that during most of the time she was actively working, she was subjected to sexual harassment, gender discrimination, a hostile work environment, disparate treatment and retaliation. The adverse employment actions allegedly had a negative impact on her job performance and caused stress, anxiety, and panic attacks.