OWBPA - Older Workers' Benefit Protection Act

The Older Workers Benefit Protection Act forbids discrimination by employers based on age when providing employee benefits, like severance. The OWBPA also ensures that no employee is coerced or pressured into signing legal waivers of rights under the Age Discrimination in Employment Act (ADEA).  Continue OWBPA

 

Applicable Law(s): Age Discrimination in Employment Act (ADEA)

 

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NEWS/ARTICLES

EEOC Issues Technical Assistance Document On Waivers In Severance Agreements 

 

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FAQs

1. If a waiver is deemed invalid, must an employee return the consideration he/she originally received in exchange for signing it before he/she can challenge it in court?
   
   
2. What factors do the courts consider when determining the validity of a waiver?
   
   
3. What can employers do when drafting and executing waivers to make sure that employees can't later claim that they didn't knowingly and voluntarily waive their right to sue?
   
   
4. What are the implications if a waiver contains a minor error? For example, a waiver mistakenly states that 154 employees were separated from one location, when the number is actually 152 employees. 
   
   
5. What type of information must be given to employees regarding the "eligibility factors" used to determine who is covered by a group termination program?