ADEA Compliance and Waiver


Added on  2019-09-18

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ADEA Compliance and Waiver_1

1Summary It can be stated from the case of OUBRE V. ENTERGY OPERATIONS, INC. SUPREME C OURT OF THE UNITED STATES, 522 U.S. 422 (1998), that if the release does not comply with the OWBPA's requirements, then it cannot bar Oubre's ADEA claim. It is so because the OWBPA has stated that an employee is not allowed to waive any ADEA claim if that waiver is not knowing and voluntary and also it has been stated that the waiver shall be considered to be knowing and voluntary only if it complies various requirements of the OWBPA. In the present case, the main question was as to the fact whether the release violates the ADEA or not and whether the employer can set off the release or not. In this case, it was found by the Supreme Court that the release had violated the ADEA as it had violated the requirements of OWBPA as the employer (1) did not give Oubre enough time to consider her options, (2) give her seven days to change her mind, or (3) make specific reference to ADEA claims.1.It was held by the Supreme Court that since the release did not comply with the requirements of OWBPA, thus the release cannot prevent Oubre's ADEA claim. It was also held that an employee is not allowed to release an ADEA claim unless such release satisfies the requirements of OWBPA. Thus, it was decided that Oubre's retention of her severance did not amount to a valid release of her ADEA claims since such retention did not comply with the OWBPA any more than the original release did. Thus it can be said that such a release violates the ADEA (Glenn, 2014). 2.It was also held by the Court that the plaintiff’s retention of the money which was given to her by the employer to comply with the terms of the severance agreement did not serveas ratification equivalent to a valid release of ADEA claims. This is because the statute
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