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EEOC's Guidance on Waivers of Discrimination Claims
Faegre & Benson Link to more items from this source
[Guidance Overview]
July 28, 2009

Excerpt: The technical assistance document is directed primarily toward employees and includes a checklist of steps employees should take when they are offered severance benefits in exchange for a waiver of claims. It states that in order for a waiver of discrimination claims to be valid, it must: Be knowingly and voluntarily signed by the employee; Provide consideration, such as additional compensation, in exchange for the waiver; Not require the employee to waive rights that may arise after the date the waiver is signed; Not require the employee to waive other claims that may not be waived as a matter of law, such as claims for unemployment compensation, workers' compensation benefits, claims for health insurance benefits under COBRA, or claims with regard to vested benefits under a retirement plan governed by ERISA; Otherwise comply with applicable state and federal laws[.]

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