Our Maryland age discrimination attorneys help victims of age discrimination in the workplace in the state of Maryland, Washington DC and Northern Virginia.
When is There a Claim for Age Discrimination? Age “40” is the Key!
Age discrimination is prohibited by the Age Discrimination and Employment Act of 1967 (also known as the “ADEA“). The Act protects individuals age forty (40) and above from discrimination on the basis of their age. This protection extends from hiring to any other conditions of employment that are impacted due to one’s age. The ADEA applies to employers with 20 or more employees, including the federal, state and local governments; however if your employer is smaller than 20 persons, a state or local law will probably provide protection.
Waiver of Rights Under the ADEA: Separation Agreements
The Older Workers Benefit Protection Act (OWBPA) provides additional protections in conjunction with the Age Discrimination in Employment Act. It requires that individuals over the age of 40 be provided 21 days to consider any agreement waiving their rights under the ADEA and have an additional seven days after signing it to revoke their signature. This can become an issue when an employee who is forty (40) or older is offered a severance package and agreement upon being separated from his/her employer.
Requirements for a valid waiver are generally:
- the waiver must be in writing and be understandable;
- must specifically refer to ADEA rights and/or claims being waived;
- may not waive rights or claims that may arise in the future;
- must be in exchange for valuable consideration;
- must advise the individual in writing to consult an attorney before signing the waiver; and
- the waiver must be in writing and be understandable;
- must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it.
In addition, if an employer requests an ADEA waiver in connection with an exit incentive program e.g. a buy-out or, other employment termination program, the minimum requirements for a valid waiver are more extensive.
If you need the help of an experienced employment discrimination lawyer, personal injury or insurance attorney in Maryland, Washington DC or Northern Virginia, please contact the Law Offices of Stuart L. Plotnick, LLC in Rockville, Maryland