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  Manager Responsibilities - Waivers of Discrimination Complaints

                      
                        

          
          
                        Manager Responsibilities - Waivers of Discrimination Complaints
              


          
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                                              decisionYou may ask employees who are laid off or subjected to a reduction in force to formally agree not to file a discrimination complaint against your business (in other words, to "waive," or release, their right to sue). Special rules apply to these types of agreements:  The agreement must provide the employee with something of value that they are not already entitled to in exchange for their promise not to sue.   For example, the agreement may offer the employee a specified amount of money (separate from any salary or other benefits to which the employee is already entitled) in exchange for her agreement not to sue.  The agreement may waive the employee's individual right to file a lawsuit or obtain relief (such as money) based on past experiences.   The agreement may not require the employee to waive any right to sue that might arise after she signs the agreement. For example, if a manager sexually harasses an employee a week after she signs the agreement, a business may not defend itself by claiming that the agreement prevents the employee from filing a lawsuit.  The employee must "knowingly and voluntarily" agree not to file a discrimination complaint. Certain, very specific rules apply, depending on the type(s) of lawsuits that the employee agrees not to file.   One set of rules applies to agreements not to file race, color, religion, sex, national origin, disability, genetic information and pay discrimination complaints.  A different set of rules applies to agreements not to file age discrimination complaints.  The agreement may not restrict the employee from filing a charge of discrimination with the EEOC.  The agreement may not limit the employee's right to testify, assist or participate in an EEOC investigation, hearing or proceeding.  The agreement must comply with applicable state and federal laws.Waiver rules can be complicated. You may want to consult a lawyer or contact the EEOC for assistance.  **See also:**  I need to lay off employees.  Avoiding Discrimination in Layoffs or Reductions in Force (RIF)
      
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