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District Court Decision Rejects Common Method for Making Statistical Disclosures Required for ADEA Employment Termination Program Releases

August 11, 2005

By Ethan Lipsig and Patrick W. Shea

A recent district court decision, Burlison v. McDonald’s Corp., raises serious concerns about the validity of many already signed employment termination program Age Discrimination in Employment Act (ADEA) releases:  it invalidated ADEA releases because the employer only gave persons who were asked to sign releases ADEA-required census data about their own “Decisional Units” (a concept explained later in this alert).

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Image: Patrick W Shea
Patrick W Shea
Partner, Employment Law Department