[co-author: Christopher Shur - Law Clerk]
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued a Commission Opinion Letter concluding that the group termination program disclosures mandated by the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), are not
required to include employees working outside the United States who are not U.S. citizens but who otherwise might be considered to be part of the termination program’s “decisional unit.”
Relevant ADEA and OWBPA Provisions
When conducting a group termination program that offers employees severance in exchange for a release of potential federal age discrimination claims, the OWBPA imposes specific requirements to obtain a valid and enforceable release of ADEA claims.