Federal Analysis
Fourth Circuit Bars Contractual Claim Deadlines
March 18, 2026
The U.S. Court of Appeals for the Fourth Circuit has ruled that private agreements which shorten the statutory filing periods for Title VII and Age Discrimination in Employment Act (ADEA) claims are unenforceable. This decision aligns with the Sixth Circuit's position and impacts employers and contractors operating within these jurisdictions, including Maryland and the District of Columbia. Procurement professionals and contractors should review employment agreements, offer letters, and onboarding documents to ensure they do not contain provisions that unlawfully limit claim filing periods, as such clauses may now be invalidated by courts.
- Why this matters: Organizations contracting with federal and state agencies in the Fourth and Sixth Circuit regions must reassess employment-related contractual provisions to mitigate litigation risks.
- Employers should consult legal counsel to audit and potentially revise agreements to comply with this judicial interpretation.
- This ruling may influence a broader national approach, affecting procurement compliance and risk management strategies.
- Procurement teams should incorporate these legal considerations into vendor and contractor evaluations to avoid exposure to employment-related claims.
The agreement cannot function without reducing either the time to file a charge or the time to sue, and either outcome would do violence to the carefully integrated remedial schemes Congress enacted.
— U.S. Court of Appeals for the Fourth Circuit
Employers should consider auditing offer letters, employment agreements, and onboarding documents for such provisions and consult with counsel about whether to revise or remove them.
— Fiona W. Ong, Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Agencies
U.S. Equal Employment Opportunity Commission, U.S. Court of Appeals for the Fourth Circuit, Maryland Commission on Civil Rights
Locations
Sources
- Fourth Circuit Bars Contract Limits on Title VII, ADEA Claims · The National Law Review · Mar 18