You've got to give the EEOC credit for blinding speed. It spent a mere 10 years coming up with these new regulations. Managers often want to make a deal. They offers a generous severance package. In return, departing employees can't claim discrimination based on age.
Regulations allow employers to offer any severance plan they wish.
When the company wants departing employees to give up their rights under the ADEA, however, management must adhere to new rules, which tell employers in great detail just how to write waiver agreements that will stand up. If employers don't do this just right, they risk age discrimination suits. Age discrimination law applies only to people at least 40 years old. If your severance plan applies only to youngsters, you needn't worry. Still, many employers prefer to lay off older workers, who are often paid more and who frequently cost more in benefits.