EEOC Guidance on Waivers and Releases Under Civil Rights Laws

Recently, the Equal Employment Opportunity Commission (EEOC or the Commission) published guidance setting forth the EEOC's position that an employer may not preclude an employee from filling a charge with the EEOC, even as a condition of settlement. In the guidance, the EEOC asserts its position that an employer may not interfere with the protected rights f employees to file a charge under federal employment rights statutes or participate in an EEOC investigation into violations of such laws.

While not altering existing EEOC policy with respect to releases and waivers of civil right claims, the new guidance nonetheless serves as a reminder that the EEOC views waivers that purport to interfere with the EEOC's enforcement obligations as null and void.