Can a severance agreement stop me from filing an EEOC charge?
This is one of the brightest lines in employment law. A severance release trades away your right to sue and recover on past claims — but the EEOC's charge process exists for the public's benefit, and participation in it cannot be signed away.
What survives every release: filing an EEOC charge; testifying or assisting in an EEOC investigation; benefits like unemployment insurance (eligibility is the state's decision, not a contract term); workers' compensation claims in most states; and claims that arise after the signing date, which no waiver can cover.
What the release does waive: your right to personally recover damages on the discrimination claims you released — which is exactly what the employer is paying for. If an agreement in front of you says you may not "file a charge with any government agency," that clause is overreach; some courts have found such overreach infects more than the clause itself.
Related questions
Sources
Educational content, not legal advice. For a live dispute, consult a licensed employment attorney in your state.