The Age Discrimination in Employment Act (ADEA) prohibits discrimination by covered employers (generally, those employing 20 or more workers) against employees 40 and over in any aspect of employment and prohibits retaliation.1 Enforcement lies with the EEOC. If your client’s employer offered a severance package with a claim-waiver provision, it might have run afoul of this law’s waiting period and other requirements designed to help older workers avoid discrimination. Administrative filing is required at least 60 days before filing suit, but a plaintiff need not wait the EEOC’s usual “right to sue” notice to issue before filing suit. Upon issuance, however, the 90-day period to bring a suit begins to run. Louisiana’s Employment Discrimination Law may also provide a cause of action.
- 129 U.S.C. § 621, et seq.