Gavin v. AT&T Services, Docket No. 10-3140 (U.S.D.C. June 11, 2012)

Contractual restriction of statute of limitations of NJLAD claim.

The plaintiff alleged violations of the ADA and NJLAD relating to a failure to accommodate her physical impairments. The plaintiff's employment application included a "waiver of statute of limitations for employment-related claims" provision which shortened the statute of limitations for state law claims to six months instead of the two years provided by statute. The District Court found that the terms in the application constituted a valid contract and that the NJLAD did not preclude such a contractual restriction on the ability to assert a claim.

Case Law Alert - 4th Qtr 2012