As a result, the EEOC has seen a rise in both age discrimination charges and requests by employers for laid-off employees to sign waivers of discrimination claims in exchange for severance agreements.
The publication does not appear to be intended to change existing regulations, but employers should anticipate that the EEOC will refer to the document when investigating charges or pursuing lawsuits that involve releases.
If you are in an eligible position, Duke may make contributions on your behalf after you have completed one year of service and have attained age 21.
You may be eligible to waive the one year wait for the Duke contribution if your hire date with Duke is within 90 days of your date of termination with your immediate previous employer and you were receiving fully vested employer contributions or accruals under a Code Section 403(b), 401(k), or 401(a) retirement plan maintained by the prior organization.
Please read the eligibility requirements that apply to your employee group.
For example, the document states that "any provision" that attempts to limit an employee's right to file a charge or participate in an EEOC investigation is "invalid and unenforceable." In making this assertion, the EEOC does not specify whether the inclusion of such a provision invalidates that particular clause or whether it renders the entire agreement unenforceable.If you are a member of the Non-Union Technician and Research Assistant employee group, you have access to the TRA Professional Development Fund.If you are a member of the Association of Administrative and Professional Staff, you are also eligible for professional development funds.As our country struggles with difficult economic times, many employers have chosen to lay off at least some portion of their workforce. This policy document is not an EEOC regulation or even an enforcement guidance, but it summarizes, from the EEOC's perspective, existing legal requirements for severance agreements under the Americans with Disabilities Act (ADA), Title VII, the Equal Pay Act (EPA), and, in particular, the Age Discrimination in Employment Act (ADEA). The EEOC has recently published a document titled "Understanding Waivers of Discrimination Claims in Employee Severance Agreements." While the publication is directed more toward employees than employers, it offers employers some helpful insight on the positions the EEOC takes towards waivers of discrimination claims included in severance agreements.Summary of Requirements for Severance Agreements The EEOC publication emphasizes the following requirements for severance agreements and releases of discrimination claims: In addition, the document reaffirms the following requirements applicable to waivers under the ADEA, as amended by the Older Workers Benefit Protection Act (OWBPA), applicable to employees 40 years of age and over: The document also states that the above requirements are the minimum required for a valid age discrimination release.A release may still be invalidated if an employer uses fraud, undue influence, or other improper conduct to coerce the employee to sign it, or if it contains a material mistake, omission, or misstatement.a visa is required) if a passenger is arriving via air or sea on an unapproved carrier.As of January 2016, the visa waiver does not apply in cases where a person had previously traveled to Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after 1 March 2011 or for those who are dual citizens of Iran, Iraq, Sudan or Syria.To be eligible for a visa waiver under the VWP, the traveler seeking admission to the United States must be a citizen of a country that has been designated by the U. Secretary of Homeland Security, in consultation with the Secretary of State, as a "program country". The criteria stress passport security and a very low nonimmigrant visa refusal rate: not more than 3% as specified in Section 217 (c)(2)(A) of the Immigration and Nationality Act, as well as ongoing compliance with the immigration law of the United States.Permanent residents of designated countries who are not citizens of a designated country do not qualify for a visa waiver. Citizens of 38 countries and territories are eligible for visa-free entry into the United States under the VWP: Visitors may stay for 90 days in the United States which also includes the time spent in Canada, Mexico, Bermuda, or the islands in the Caribbean if the arrival was through the United States.