In a hearing earlier today, the Equal Employment Opportunity Commission discussed the "devastating impact" that age discrimination has on workplaces and employees.
For employers, however, the most notable item from the hearing was the release of new technical guidance regarding separation agreements and the waivers of age discrimination claims contained in such agreements. You can access the EEOC’s new guidance here.
My initial glance at the guidance doesn’t reveal anything particularly revolutionary. After all, age discrimination waivers have long been covered by the Older Workers Benefit Protection Act. I’ve previously discussed these rules at length here.
The appendices are particularly helpful for those unfamiliar with the issues. In Appendix A, for employees, the guidance provides a checklist of issues an employee should review when his or her employer offers a severance agreement.
For employers, Appendix B will be helpful because it provides a sample release that an employer can use as the basis for a future separation agreement.
Either way, expect to hear more about this in the upcoming days. I’ll post a further update, if necessary, upon my review of the new guidance in more detail.