If you’re like many employers, you offer severance pay when you have to implement a reduction in force. Never pay severance without getting something in return from the employee, namely a release and waiver of liability.
There’s an important catch to understand when you ask for such a release from older workers. The Older Workers Benefit Protection Act (OWBPA) requires all releases and waivers of federal age discrimination claims to include a written disclosure of the job titles and ages of all eligible individuals selected for the program—and everyone not selected for the program.
The EEOC, in its guidance “Understanding Waivers of Discrimination Claims in Employee Severance Agreements,” provides an example of what this disclosure should look like.
When the lone 63-year-old assembly worker is going to decide whether to sign the waiver or pursue an age claim, the only fact he and his lawyer will have ...(register to read more)