The 3rd U.S. Circuit Court of Appeals has ruled that an older worker’s signature on a release agreement promising not to pursue any lawsuits against his former employer constitutes a valid waiver of his rights even if the agreement contains a clause that prohibits the worker from bringing any charge before the Equal Employment Opportunity Commission.
In Wastak v. Lehigh Valley Health Network, the court rejected the EEOC’s argument – made in an amicus curiae brief – that such a provision renders the entire release agreement invalid since the right to file a charge with the EEOC is protected by the Age Discrimination in Employment Act and cannot be waived.
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