New regulations clarify the procedure an employer must follow when requesting a Waiver of Age Bias claim. Employers who terminate older workers often request such a “release," or waiver to eliminate the possibility of lawsuit stemming from a claim that the worker was dismissed because of his or her age. Listed below are a few of the clarifications in the regulations. Please contact our office for more specific details.
- The waiver must be easy to comprehend. It may not contain complicated jargon or legal terms.
- The waiver must refer specifically to the ADEA (by name) and the rights the employee will waive.
- The waiver must acknowledge to the employee that his or her future rights, or claims regarding discrimination which take place after the waiver is signed, are not included in the agreement.
- Before the waiver is signed, the employer must advise the employee to consult with an attorney.
- Individuals who are offered a waiver have at least 21 days to consider the waiver. A group of employees, on the other hand, has, by law, a minimum of 45 days to consider signing the waiver agreement.
- The waiver agreement must notify the employee that he or she has seven days after the waiver has been signed to revoke the agreement. The waiver is enforceable only after that seven-day period.
If you have questions about ADEA compliance, or about any other concerns created by governmental regulations, HR Outsourcing, Inc. prepared to help.
Source: Keller and Heckman LLP, "EEOC Clarifies Requirements for Waivers of Age Bias Claims."
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