Supreme Court settles conflicting opinions on enforceability of releases of claims under the ADEA

A paper answers the questions: Can a release of potential claims under the Age Discrimination in Employment Act that does not strictly comply with the statutory requirements of the Older Workers Benefit Protection Act be enforced or considered enforceable, or ratified, by an employee's acceptan...

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Bibliographic Details
Published in:Employment relations today 1998-04, Vol.25 (1), p.97
Main Authors: Silbergeld, Arthur F, Cosgrove, Patricia M
Format: Article
Language:English
Subjects:
Age Discrimination in Employment Act 1967-US
Federal court decisions
Litigation
Older Workers Benefit Protection Act 1990-US
Supreme Court decisions
Waivers
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Summary:A paper answers the questions: Can a release of potential claims under the Age Discrimination in Employment Act that does not strictly comply with the statutory requirements of the Older Workers Benefit Protection Act be enforced or considered enforceable, or ratified, by an employee's acceptance and retention of severance benefits? If such a release is invalid and cannot be ratified, does an employee have to return or tender back the severance benefits before pursuing an ADEA claim? The US Supreme Court recently answered "no" to these questions in Oubre v. Entergy Operations Inc. (1998).
ISSN:0745-7790
1520-6459