First they come for your jury trial rights, and next they come for your EEOC filing deadlines!
Companies will do almost anything to subvert an employee’s right to a jury trial. One of the most popular efforts is sliding an arbitration provision into the huge stack of onboarding paperwork that an employee has to sign during orientation for a new job. The arbitration provision strips away an employee’s right to a jury trial, and most employees have no idea what they are signing and what the legal impacts will be. On the employee side in employment law, we fight against arbitration agreements all the time–sometimes we win and sometimes we lose.
But another common trick by companies has just been struck down by the Fourth Circuit Court of Appeals (the federal appellate court that covers the Federal District Court of South Carolina). This time the company in question unlawfully attempted to change the EEOC filing deadlines through a provision hidden within onboarding paperwork. In Natalie Thomas v. EOTech, LLC, No. 25-1094, 2026 U.S. App. LEXIS 6421, the Fourth Circuit looked at EOTech’s attempts to circumvent the EEOC filing deadlines set by Congress, and the Fourth Circuit rejected such attempts as unlawful.
How Long Does an Employee Have to File a Charge of Discrimination with the EEOC?
The short answer: 300 days if you live or worked in South Carolina. [Read more: What is the Deadline to File an EEOC Charge in SC?] The EEOC handles claims under Title VII, which covers discrimination based on sex, race, and religion; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Some states only provide for 180 days, so my answer here is state specific. Not all employment claims will fall under the EEOC’s filing requirement, but many do, so it’s best to talk with an employment lawyer right away so as not to miss any filing deadlines.
Other common employment claims, like violations of the Family and Medical Leave Act (FMLA), do not require any involvement from the EEOC. A South Carolina employee can file an FMLA lawsuit immediately, subject to the two year statute of limitation under that law.
So What Shenanigans Did EOTech, LLC Try to Pull with Its Employee’s Filing Deadlines?
In this case, EOTech snuck a provision into onboarding paperwork that stated the employee would have to file any employment-related lawsuit within 180 days of the claim coming into existence, including any claims for wrongful termination or discrimination. Normally, an employee would follow the 300 day deadline to file first with the EEOC, then once the EEOC dismisses the charge, the employee would have a further 90 days to file a lawsuit. But under EOTech’s agreement, the employee would not have time to properly file the EEOC, allow the EEOC to complete its investigation, and then get the lawsuit filed. Remember the EEOC has six months of jurisdiction in which to conduct an investigation. If the employee waited that long (i.e., followed the law and its timelines), then the employee would miss the artificially shortened deadline set by the company. The employee would be screwed either way. And in the case, that’s exactly what happened. The employee followed the law set down by Congress in terms of timely filing her charge and her lawsuit, but the company said that its agreement trumped the laws of Congress.
I have had a case involving a very similar provision set forth in an onboarding document for a South Carolina company. While the case settled before we could appeal that issue, I’ve seen versions of these provisions elsewhere during my career. Companies have used them for years in an effort to impede an employee’s right to pursue legal action against the company. I suppose that’s easier for the company than just doing the right thing to begin with. But I digress.
The Fourth Circuit, thankfully, has finally resolved this issue, finding that a company cannot force an employee to agree to a shortened filing deadline that conflicts with the deadline set by Congress in Title VII and other employment statutes: “We hold that parties may not prospectively render untimely a lawsuit that would otherwise be timely under Title VII or the ADEA.”
The Court of Appeals sent the case back down the trial judge. The employee’s lawsuit gets to move forward, and hopefully she will receive justice in a court of law.
Takeaways for South Carolina Employees
The filing deadlines remain the same for South Carolina employees as before: 300 days with the EEOC. If you have an attorney, your attorney can draft the charge for you and file it directly with the EEOC online. Otherwise, if you contact the EEOC yourself, you’re probably looking at least a three to four month wait just to get an initial interview, and then potentially months more before the charge is drafted.
My best advice is not to sit around and wait. If you believe you have suffered discrimination or harassment based on age, race, sex, national origin, religion, or disability, then you should reach out to a South Carolina employment lawyer immediately for a review of the facts of your case. Feel free to contact our office at (864) 278-5389 or via our Contact Us page.
