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How many employees make a ‘Group’ for OWBPA purposes?

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in Discrimination and Harassment,Human Resources

Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group?

A. A group means two or more employees who are terminated as part of the same decision-making process. The OWBPA also requires employers to make certain disclosures (regarding the ages of other employees) to separating employees who are offered a release. You should consult an attorney when preparing the release.

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