Back in February, I talked about how a lawsuit brought by the EEOC against CVS challenging the company’s standard separation agreement could be a big deal “if the EEOC prevails”.
But I cautioned about drawing any sweeping conclusions just then stating: “My gut tells me that the courts are not likely to view the government’s arguments with favor. The arguments just seem too ‘out there’.”
It’s fun to say, “I told you so” every once in a while, which is why the news from late Friday brought a smile to my face.
A federal judge in Illinois dismissed the government’s lawsuit during a status conference last week and indicated that his decision would be forthcoming.
So, right now, we don’t quite know all the logic behind it, but suffice to say that employers who were concerned that they would have to rewrite all of their agreements, should breathe a little easier today.
Of course, it’s quite possible (probable?) that the EEOC will appeal the ruling and it’s not clear whether the EEOC will continue to push this aggressive line of arguments in other cases as well.