Employee Cannot be Denied Promised Severance because of EEOC Claim

According to the EEOC, it is a violation of Title VII and the ADA for an employer to offer a large group of employees severance in connection with a lay off, but refuse to pay severance to the one employee in the group who previously filed an EEOC charge against the employer. It will also violate the law if the release you ask the employees to sign in exchange for receiving severance states or suggests that the employees waive their right to participate in administrative proceedings.

In Oregon, employers are not legally required to offer severance to employees upon termination or layoff, but if you are going to offer severance, make sure to offer it in a non-discriminatory manner and to be careful when drafting any release of claims to be signed by employees as a condition of receiving severance.


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