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By ALM Staff | Law Journal Newsletters |
September 22, 2003

Employee's Waiver of EEOC Rights Doesn't Invalidate Separ- ation Agreement and Release: The Third Circuit has ruled that where an older worker signs a release promising not to pursue any lawsuits against his former employer, this is still a valid waiver despite the fact that the agreement contained an otherwise invalid clause that prohibited the worker from bringing any charge before the Equal Employment Opportunity Commission. Wastak v. Lehigh Valley Health Network, No 02-2111 (June 11).

The court rejected the argument 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 (ADEA) and cannot be waived. The court stated that while the ADEA clearly prohibits employers from enforcing such charge-filing bans, 'there is no indication that the mere presence of that contractual language would void an otherwise knowing and voluntary waiver.'

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