Causes of Action & Current Statutes of Limitations
Federal & Ohio (as of 1/2007)
Disclaimer: This is meant as a
GUIDE ONLY.
For an accurate reading of any applicable
statute of limitations you must consult a
knowledgeable lawyer. Bear in mind that
statutes of limitations can change almost
instantaneously with new legislation or
court decisions. Therefore, you or your
lawyer’s knowledge must be current!
You also need to be aware or apprised of
pending decisions or legislation that might
immediately alter the legal landscape and
affect your rights. Thus, it generally pays
to have a lawyer regularly engaged in
successful litigation and court interaction.
In addition, the more “connected” your
lawyer is with other lawyer groups and
professional associations in his or her
specialty, the better, generally. There’s
always buzz and chatter about new and
pending legislation and decisions, which
good lawyers use to their advantage.
NOTE: If you are asked to sign an
“arbitration agreement” or even told your
employer has adopted one, you may be in
jeopardy if you try to assert your rights in
court. See below, **. FEDERAL SYSTEM REQUIREMENTS/PROCESS
Discrimination Cases
Note: each of the statutes also allows claims based on harassment and retaliation, as long as you
fall within a protected category and the harassment or retaliation was based on the protected
category or protected activity.
Title VII
$ Includes race, sex, national origin, religion.
$ Affords full remedies, including compensatory and punitive damages generally
$ EEOC charge must first be filed within 300 days of discriminatory act. (Note: this is
Ohio’s filing time; some states have only 180 days to file.) Suit in federal court must be
filed within 90 days of receipt of right-to-sue letter from the EEOC
Age (ADEA)
$ Over age 40
$ Affords “make-whole” remedies only (economic and prospective relief but not
compensatory or punitive damages), plus possible liquidated damages of 2x actual
damages for “wilful” violations)
$ Age-based EEOC charge must be filed within 300 days from the date of notice of the
discriminatory act (e.g., when your pending layoff is known or announced — not when it
actually occurs, unlike Title VII and Section 1981 claims). (Note: this is Ohio’s filing
time; some states have only 180 days to file.) Suit must be filed within 90 days of receipt
of right-to-sue letter
Disability/Handicap (ADA)
$ Includes protections for both employment discrimination and public access
$ EEOC charge must first be filed within 300 days of last discriminatory act. (Note: this is
Ohio’s filing time; some states have only 180 days to file.)
$ Suit in federal court filed within 90 days of receipt of the right -to-sue letter
Civil Rights – Federal
Race (42 U.S.C. § 1981)
$ Statute of Limitations is 2 or 4 years, depending upon the nature of the claim
$ No requirement of EEOC filing; this is a so-called “direct-action statute”
Constitutional: Due Process, Equal Protection, First Amendment (42 U.S.C. § 1983)
$ Statute of Limitations is 2 years from the last adverse act
$ No need to file EEOC charge; this is a so-called “direct-action statute”
Fair Labor Standards Act (FLSA)
1. Overtime
$ Statute of Limitations is 3 years for wilful violations of the Act; 2 years for non-wilful
violations of the Act
$ No need to file EEOC charge; so-called “direct-action statute”
2. Minimum wage
$ Statute of Limitations is 3 years for wilful violations of the Act; 2 years for violations of
the Act
$ No need to file EEOC charge; so-called “direct-action statute”
3. Equal Pay Act
$ Statute of Limitations is 3 years for wilful violations of the Act; 2 years for non-wilful
violations of the Act
$ No need to file EEOC charge; so-called “direct-action statute”
4. Other
ERISA - 15 years (This is for Ohio; other states may differ)
FMLA (Family Medical Leave Act) – See article on FMLA
OHIO SYSTEM REQUIREMENTS/PROCESS
Race, Sex, Disability Discrimination, Harassment & Retaliation (Revised Code Chapter
4112, et seq.) (All Forms of Discrimination EXCEPT AGE):
R.C. 4112.02(N) (Discrimination); R.C. 4112.02(J) (Retaliation)
$ Provides full remedies, including compensatory and punitive damages in most cases
$ Statute of Limitations is 6 years days
Retaliation (R.C. 4112.02(J):
$ Provides full remedies, including compensatory and punitive damages in most cases $ Statute of Limitations is 6 years
$ Includes retaliation for protected activity based on age-related complaints; however, age
discrimination may have a shorter limitations period, as listed below.
Age Discrimination*:
R. C. 4112.02:
$ Provides full remedies, including compensatory and punitive damages in most cases
$ Statute of Limitations is 180 days
R.C. 4112.14
$ “Make whole” remedies only, similar to ADEA but no liquidated damages available
$ Statute of Limitations is 6 years
R.C. 4112.05 OCRC Charge
$ “Make whole” remedies only
$ 300-day Statute of Limitations
$ Filing an OCRC age charge before filing suit in court can procedurally kill a subsequent
age-based lawsuit, forfeiting any further rights (this is particularly negative in that the
OCRC is back-logged, like the EEOC is)
Minimum Fair Wage Standards Act:
RC. Chapter 4111 – Overtime; minimum wage
$ Statute of Limitations is generally 2 years
R.C. 4111.17 – Wage discrimination based on race, sex, disability, age
$ Statute of Limitations is generally 1 year, but you can go back 5 years for wages if timely
filed)
Workers Compensation Retaliation
RC. § 4123.90
$ Statute of Limitations is 180 days from retaliatory act
$ Note: To preserve this claim you must notify employer, in writing within 90 days of
retaliatory act, of your belief you have been s/he has been retaliated against
Whistleblower
RC. § 4112.52 $ Statute of Limitations is 180 days from retaliatory act
$ To preserve claim, you must notify employer first orally and then in writing of employer
conduct that you either believe to be a criminal activity or affects safety
OHIO COMMON LAW (NO STATUTE)
Wrongful Discharge in Violation of Public Policy
$ Statute of Limitations is generally 4 years
$ BEWARE: THIS LAW IS CURRENTLY IN FLUX IN OHIO
$
Promissory Estoppel
$ Statute of Limitations is 6 years
$ requires clear promise and detrimental reliance by the employee, among other criteria
Breach of Implied Contract
$ Statute of Limitations is 6 years
Breach of Written Contract
$ Statute of Limitations is generally 15 years
* Perhaps the best way to distinguish age claims is to remember that age is a shifting status
unlike sex, race, and most disabilities. Everyone “grows” older (we hope!). As a result, courts
tend to be more lenient towards employers on age claims, but only on initial procedural matters.
If you properly and timely file, you have overcome most obstacles and have the same burdens of
proof as other discrimination claims.
** Recent case law purports to say that you can “waive” (give up) your right to file in court and
rights to any of these statutes of limitations listed above – merely by signing an application,
contract, acknowledgment, or some other document or instrument. You also may be giving up
your right to sue or work in the same area of business in the future. Incredibly, you also may
unknowingly give up these rights just by showing up for work on a certain date. If you employer
has adopted an arbitration agreement or “dispute resolution” procedure, your only recourse is to
quit when you are given notice of, or continue working and file an EEOC charge in the event
discrimination or retaliation occurs. Ironically, the EEOC can pursue discrimination actions on
your behalf, whereas you, yourself, cannot.
