RSSEllis v. U.S. Security Associates, (First District, March 20, 2014) 2014 WL 1229038, 14 Cal. Daily Op. Serv. 3098, 2014 Daily Journal D.A.R. 3098, 2014 Daily Journal D.A.R. 3588
A security guard who resigned from her job after being sexually harassed by her supervisor, filed a timely complaint with the California Department of Fair Employment and Housing (DFEH). Upon receiving a right-to-sue letter, she filed a complaint asserting claims for sex discrimination and sexual harassment in violation of Government Code § 12940, failure to maintain an environment free from harassment (§ 12940(k)), retaliation in violation of § 12940(h), intentional infliction of emotional distress, and negligent hiring, supervision, and retention.
The employer moved for judgment on the pleadings, based on the plaintiff’s signed application for employment which provided that she agreed “any claim or lawsuit … must be filed no more than six (6) months after the date of the employment action,” and waived “any statute of limitations to the contrary.” The trial court granted the motion and dismissed the complaint, apparently concluding that the shortened limitation provision was enforceable. However, the court of appeal reversed, holding that the six-month limitation provision in the application for employment was unreasonable and against public policy, and therefore unenforceable:
Los Angeles