Where (1) a plaintiff brought suit under the Age Discrimination in Employment Act and (2) the defendant employer has filed a motion to dismiss based on a 300-day deadline in the plaintiff’s arbitration agreement, the dismissal motion should be denied because the ADEA’s statute of limitations is substantive in nature and, thus, cannot be contractually waived.
“This case involves the Age Discrimination in Employment Act (‘ADEA’) and an arbitration agreement. Plaintiff Michael Rumsey (‘Plaintiff’ or ‘Rumsey’) brings this case against his former employer, International Business Machines Corporation (‘IBM’ or ‘Defendant’), seeking a declaration that the 300-day deadline in his arbitration agreement for filing an arbitration demand with IBM is invalid. Alternatively, Rumsey asks this Court to declare that the filing provision is unconscionable or that no agreement was ever formed. Maintaining its position that the 300-day filing deadline is enforceable, IBM moves to dismiss Plaintiff’s Amended Complaint. … The Court answers the question posed to it in Plaintiff’s favor: the 300-day deadline for filing a demand for arbitration is invalid. The arbitration agreement cannot waive the statute of limitations of the ADEA. The Court rules Plaintiff had ninety days after receiving a notice of a right to sue from the Equal Employment Opportunity Commission (‘EEOC’) to file his arbitration demand. The Court acknowledges IBM’s well-crafted arguments, both in their filings and at the...
In 1995, Princess Diana made broadcasting history and shaped the future of the Royal Family when she sat down with Martin Bashir for an episode of BBC's Panorama. Three decades on, the interview c...