Question

If a person, wrongfully forced to take early retirement, signs a Release not to sue the company for violation of the ADEA, is that Release a defense is a subsequent ADEA lawsuit. Can the EEOC still pursue the company? Explain fully.

Answer 1

No , the release signed by the person cannot act as a defense for the subsequent ADEA lawsuit as the employer protected under ADEA has although waived his right to sue the company for early retirement, but the release has been signed by him under force or pressure thus invalidating the waiving. Since the minimum requirement for waiver to be valid under Section 7(f) (1) of the ADEA requires the Waiver to be completely involuntary and knowing to become enforceable. So when employee proves that force was the basis on which he acted, waiver of right will not be enforceable, nullifying the release. .

Yes EEOC (Equal employment Opportunity Commission) can still pursue the company because the release has been signed by using external pressure such as force, threat, coercion etc. Therefore if the person who has been forces to sign a release to waive his rights proves that the release was signed under pressure and force them EEOC can pursue the company.

.

.

.

.

Thanks dear student.. Hope this helps..

Good luck, rate if satisfied :)