• New EEOC Guidance Clarifies Requirements for Waivers of Discrimination Claims in Employee Severance Agreements
  • August 14, 2009 | Authors: Laura M. Lawless Robertson; Daniel B. Pasternak
  • Law Firm: Greenberg Traurig, LLP - Phoenix Office
  • On July 15, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) issued new Guidance explaining its position on waivers and releases of discrimination claims in employee severance agreements. The Guidance is presented in a userfriendly, question-and-answer format addressed to employees, and answers basic questions regarding the use and enforceability of waivers and releases. The Guidance also contains a sample release that employers can look to as a guide when crafting severance agreements, although they should consult with counsel to tailor their release language to the unique circumstances presented in particular situations.