4-H | WHAT IS REQUIRED TO OBTAIN A WAIVER OF ADEA RIGHTS GOVERNED BY THE OWBPA?

1) Permissible to request waiver of any ADEA right or claim:

a) In a settlement of an administrative or court claim;

b) In connection with an exit incentive program; and

c) Employment termination.

2) Valid waiver must knowing and voluntary and:

a) Be in writing and be understandable;

b) Specifically refer to ADEA rights or claims;

c) Not waive rights or claims that may arise in the future;

d) Be in exchange for valid consideration in addition to any benefits or other amounts to which the employee is already entitled;

e) Advise the employee in writing to consult an attorney before signing waiver; and

f) Provide the employee at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing.

g) There are additional requirements if waiver involves termination or severance program offered to a group of employees.

3) No waiver or agreement may affect the EEOC’s enforcement responsibilities or interfere with and employee’s right to file a charge or participate in EEOC investigation. American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

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