Eeoc Guidance On Release Agreements
The courts have strongly opposed the application of exemptions preventing an employee from filing a complaint of discrimination with a government agency. See EEOC v. Lockheed Martin, 444 F.Supp.2d 414 (D.Md. 2006); Ribble v. Kimberly-Clark Corporation, 2012 U.S. Dist. Lexis 21822 (W.D. Wis. 2012).
The theory behind these rulings is that the EEOC and other government authorities have legal mandates to enforce certain labour laws and, for reasons of public order, private parties cannot agree among themselves to prevent the government from carrying out such legal mandates. See Enforcement Guidance on Non-Waivable Employee Rights under Equal Employment Opportunity Commission Enforced Statutes, EEOC notice 915.002 at §III(a). In the complaint filed by CVS Pharmacy, Inc. However, the EEOC goes beyond this concept and attempts to invalidate a separation agreement that expressly authorizes a person to file a complaint and participate in a state investigation. The document also states that the above requirements are the minimum necessary to obtain a valid age exemption. An authorization can always be invalidated when an employer uses fraud, unlawful influence or other inappropriate behavior to compel the employee to sign or if it contains a material error, omission or misrepresentation. The document also reaffirms the statement in existing regulations that employers who are in a dismissal must not “violate” or impose other sanctions after a worker has appealed against the validity of a waiver. First, the publication takes some expansionist views on possible problems of renunciation or declassification. For example, the document states that “any provision” that attempts to restrict an employee`s right to lay a charge or participate in an EEOC investigation is “invalid and unenforceable.” By this assertion, the EEOC does not specify whether the inclusion of such a provision invalidates this clause or whether it renders the entire agreement unenforceable. 9. The courts have not accepted the argument that the offer of an authorisation containing conditions to which the EEOC has raised objections, such as.
B a non-co-activity clause constitutes unlawful retaliation. See z.B. EEOC v. SunDance Rehabilitation Corp., 466 F.3d 490, 498, 500 (6th Cir. 2006) (the offer of a separation agreement with an allegedly illegal non-cooperation clause was not in itself a violation of the anti-retaliation provision of Title VII).↩ Although the EEOC`s regulations on release agreements are not new, the Agency has recently sued employers for provisions previously deemed benign. The complaint filed by the EEOC in February 2014 against CVS, a retail pharmacy chain, puts an end to the publication of the language that the Agency believes infringes workers` rights under anti-discrimination laws. Employers will be surprised to learn that, according to the EEOC, what they considered a standard language is a “pattern or practice” of an unlawful infringement of workers` rights, contrary to Title VII of the Civil Rights Act of 1964.