Client Alert

10th Circuit Court of Appeals Refuses to Enforce a Group of ADEA Releases, Cites Disclosure Requirements of the Older Workers Benefit Protection Act

September 23, 2005

Allan S. Bloom

In yet another in a series of recent decisions invalidating releases of claims under the Age Discrimination in Employment Act, the Court of Appeals for the Tenth Circuit refused to enforce a group of ADEA releases because they did not comply with the disclosure requirements of the Older Workers Benefit Protection Act. The decision casts further doubt on the enforceability of many already-signed ADEA releases obtained in connection with group termination programs.

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