"Unlawful waivers that strip older workers of their rights under the ADEA fashion suits will be pursued by the EEOC to the three piece suits men fullest extent of the law," said Commission Chairwoman Ida L. Castro. "Employers will be well served to ensure that staff reductions comply with civil rights protections."
In its suit, EEOC and the Attorney General's Office alleged that Bull's severance plan adversely affected older employees by requiring them to sign waivers of their right to file charges and cooperate with public agencies as a condition of obtaining severance benefits. The suit further charged that Mens Tuxedo Bull's severance plan failed to meet the Double breasted suits requirements of the ADEA, as amended by the Older Workers Benefit Protection Act of 1990, by violating statutory information requirements, not allowing employees sufficient time to consider the terms of the White suits agreement, and/or not providing employees with additional compensation.
In granting the Mens brown suit Motion for Summary Judgment by EEOC and the Commonwealth of Massachusetts, U.S. District Court Judge Nancy Gertner wrote: "The Commonwealth and the black suits EEOC are entitled to judgment as a matter of law on their allegations regarding the Suit three piece unlawful Releases used by Bull from July 1994 - December 1997."
An ADEA waiver, or release, is an agreement between an employer and employee in which the employee gives up the wedding suits right to pursue an age discrimination claim against the employer in exchange for wedding suit severance or early retirement benefits or something else of value. Employees are often asked to sign waivers in connection with men suit layoffs or RIFs.
Under Title II of the Older Workers Benefit Protection Act of 1990, which amended the ADEA, Congress decided to permit these waivers, but set out a mens double breasted suits series of specific requirements with Suit for men which waivers must comply to be valid. Although employers may ask for waivers, they must also comply with the italian suits ADEA requirements to ensure that the process is fair.
"Older employees who are asked to sign waiver agreements have specific statutory rights under the Mens double breasted suits Older Workers Benefit Protection Act," said Katherine Bissell, regional attorney of Mens business suits EEOC's New York District Office, which filed the suit. "Among other things, these provisions include the unequivocal right of employees to bring claims to the EEOC, which was a key issue in this case."
Further information about the Mans Dress Suit ADEA and OWBPA, including EEOC guidance and rulemaking on waivers, is available on EEOC's Web site at http://www.eeoc.gov. In addition to enforcing the Double breasted men suits ADEA, which protects workers who are 40 years of age or older, the EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Equal Pay Act; prohibitions against mens italian suits discrimination affecting individuals with disabilities in the Suits for men federal sector; sections of the Civil Rights Act of 1991; and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the mens wedding suits private sector and state and local governments.