Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.

Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed no more than six (6) months after the date of the employment action.” The trial court granted the motion and dismissed plaintiff’s complaint. Finding the shortened statute of limitations period would be against public policy, the appellate court reversed. (Ellis v. U.S. Security Associates (Cal. App. First Dist., Div. 2; March 20, 2014)224 Cal.App.4th 1213, [169 Cal.Rptr.3d 752].)