Ohio court enforces six-month limitations period for filing employment claims

An Ohio court of appeals recently enforced an employment application provision requiring any claims for employment law violations to be filed within six months of their occurrence.

Facts

Amanda Fayak worked for the University Hospitals Police Department from December 2013 to June 28, 2016. The employment application she submitted at the time of hire included a provision stating:

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 submitted the application with her typewritten name, which represented her electronic signature, according to the document.

In a lawsuit filed after the termination, Fayak claimed she was subjected to gender discrimination, disparate treatment, sexual harassment, a hostile work environment, and retaliation between December 2013 and April 2015 and that the conduct affected her ability to do the job. She also alleged she suffered from stress, anxiety, and panic attacks.

Fayak took a medical leave of absence from December 11, 2014, to March 9, 2015, during which time she was hospitalized or otherwise under the care of University Hospitals. She then took another leave of absence beginning on April 23, 2015.