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Failure to Comply with ADEA/OWBPA Does Not Entirely Invalidate Release

A Ninth Circuit opinion, Harmon v. Johnson & Johnson, held that a release of claims that did not comply with the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”),...more

1/17/2014  /  ADEA , Age Discrimination , Compliance , OWBPA

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit

In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent statements made in the employer’s Equal Employment Opportunity Commission (“EEOC”)...more

1/16/2014  /  Compliance , EEOC , Enforcement , Termination

Fenwick Employment Brief - January 2014

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more

Fenwick Employment Brief - August 2013

As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California’s Fair Employment and Housing Act do not require a showing of sexual desire. The...more

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