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Requiring Employees to Waive the Right to File Administrative Charges as a Condition of Receiving Severance Benefits is Void, Unenforceable and Retaliatory

MSK Client Alert
September 2006

In recent cases brought by the U.S. Equal Employment Opportunity Commission (“EEOC”), courts have ruled that in severance benefit situations employers may not require employees to waive their rights to file an administrative EEOC charge, and that such waivers are unenforceable and void as a matter of public policy.

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