EEOC Issues New Guidance on Discrimination Waivers and Releases

On July 15, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document concerning discrimination waivers and releases contained in employee severance agreements. The full text of the guidance, titled “Understanding Waivers of Discrimination Claims in Employee Severance Agreements” (EEOC Guidance), is available online at www.eeoc.gov/policy/docs/qanda_severance-agreements.html.

The EEOC Guidance does not dramatically change the EEOC’s detailed regulations concerning age discrimination waivers and releases, which center around the complex requirements imposed under the Older Workers Benefit Protection Act of 1990 (OWBPA).

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