For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers, arbitration agreements and a host of other aspects of the employment relationships. The Equal Employment Opportunity Commission, apparently not content to allow the NLRB to have all of the fun, has stepped up the use of its authority to attack separation and employment agreements.
In EEOC v. CVS Pharm., Inc., 809 F.3d 335 (7th Cir. 2015), the EEOC contended that CVS’ standard severance agreement constituted a pattern and practice of resistance to the full enjoyment of rights in violation of Section 707(a) of Title VII (42 U.S.C. § 2000e-6). The EEOC pointed to seven specific clauses it believed violated Title VII. EEOC v. CVS Pharm., Inc. Cmplt. ¶ 8.a.–f. (last visited Dec. 6, 2016). The EEOC contended the clauses each contained language that interfered with an employee’s right to file a charge with the EEOC or to participate in an EEOC investigation.
https://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-12-08 10:50:252016-12-08 10:50:25EEOC Wants In On NLRB’s Fun: EEOC Focuses On Waivers, Releases and Arbitration Agreements