Tuesday, March 25, 2014

Too Fast for DFEH, Too Short for FEHA

Ellis v. U.S. Security Associates, No. A136028 (D1d2 Mar. 20, 2014)

The court holds that a contractual shortening of a statute of limitations contained in an employment application to six months is unreasonable and thus unenforceable. Particularly given that the statutorily mandated pre-litigation Fair Employment and Housing Act administrative process can be expected to last up to two years, six months is just too short to be reasonable. Which makes sense. The opinion is mostly notable for taking the defendant’s attorney to task for fast and loose case citations in his brief.


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