On March 4, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a significant decision in Thomas v. EOTech, LLC, holding that employers may not contractually shorten the statutory filing deadlines for claims brought under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA). The ruling has immediate implications for employers within the Fourth Circuit who have relied on contractual limitations clauses to narrow the window during which employees may pursue federal discrimination claims.
In reaching its conclusion, the Fourth Circuit reasoned that enforcing such limitations agreements would disrupt the integrated administrative and remedial scheme Congress established under Title VII and the ADEA. The court emphasized that these statutes contemplate a carefully calibrated process involving administrative exhaustion, agency investigation, and prescribed filing windows. Permitting private parties to abbreviate those timeframes by contract, the court concluded, would undermine the statutory framework and the important public interests it was designed to protect.
The decision aligns the Fourth Circuit with the Sixth Circuit, which had previously reached the same conclusion regarding federal discrimination claims. However, the Fourth Circuit drew a meaningful distinction between federal and state law. While contractual shortening of federal deadlines is now impermissible, the court permitted such shortening with respect to filing periods for claims arising under state Fair Employment Practice Acts. This creates a bifurcated approach that employers and practitioners must carefully navigate when drafting or interpreting employment agreements.
For employers operating within the Fourth Circuit—which encompasses Maryland, Virginia, West Virginia, North Carolina, and South Carolina—the practical implications are immediate. Employment agreements containing limitations clauses that purport to shorten the deadlines for filing Title VII or ADEA claims are now unenforceable to that extent. Employers should promptly review offer letters, employment contracts, arbitration agreements, and severance agreements to identify any such provisions. Where applicable, these clauses should be revised to align with the Fourth Circuit’s holding, while preserving any lawful contractual limitations applicable to state law claims.
This alert provides a general overview and does not constitute legal advice. Clients with questions about the impact of this decision on existing agreements or ongoing employment matters should consult counsel for guidance tailored to their specific circumstances.