News & Analysis as of September 19, 2024

Discrimination › Separation Agreement

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Troutman Pepper on 12/6/2023

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

NY Limits Use of Nondisclosure Agreements by Employers When Resolving Discrimination, Harassment and Retaliation Claims

Fox Rothschild LLP on 11/28/2023

New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

Sheppard Mullin Richter & Hampton LLP on 11/22/2021

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Seventh Circuit Reins in EEOC: Agency Cannot Bypass Conciliation Requirement

Foley & Lardner LLP on 12/23/2015

On December 17, the Seventh Circuit in U.S. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653 (7th Cir. Dec. 17, 2015), rejected the EEOC’s aggressive effort to sue an employer without engaging in...more

Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements

Foley & Lardner LLP on 9/24/2014

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more

EEOC Sues Another Employer Over Separation Agreement Language

Parker Poe Adams & Bernstein LLP on 5/15/2014

Earlier this year, the Equal Employment Opportunity Commission filed suit against the CVS drugstore chain, alleging that a form settlement agreement used by the employer illegally deterred former employees from filing charges...more

Not Settling for Less: The EEOC’s Latest Challenge to Employee Releases

BakerHostetler on 2/14/2014

The Equal Employment Opportunity Commission (“EEOC”) recently filed a “pattern or practice” lawsuit against CVS Pharmacy, Inc., alleging that CVS uses an “overbroad, misleading and unenforceable Separation Agreement” that...more

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