Friday, January 15, 2021
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Opinion Letter: Older Worker Benefit Protection Act,” which clarifies that United States employers need not include non-U.S. citizen employees working outside of the United States as part of a “decisional unit” in the disclosure schedules attendant to waivers of age claims covered by the Older Workers Benefits Protection Act (OWBPA). This formal Opinion Letter represents the official position of the EEOC and provides a defense for employers who rely on its terms. 29 C.F.R. §§ 1626.21.
Disclosure schedules are hallmarks of the OWBPA, an amendment to the Age Discrimination in Employment Act (ADEA) that imposes specific requirements for waivers of federal age discrimination claims by workers age 40 or older in order for such waivers to be “knowing and voluntary.” 29 U.S.C. § 626(f). When a waiver is part of a group termination or exit incentive program