It is significant that the 7th Circuit also decided that the EEOC was required to participate in simple proceedings with the employer and to use them as a precondition for filing a complaint against the employer for alleged violation of Title VII. On this basis, the 7th Circle confirmed the pronouncement of a summary judgment against the EEOC. The issue of a conciliation obligation for the EEOC prior to the appeal was one of the most observed labour law issues in 2015, as it undermines the EEOC`s ability to bring its own actions against private employers. It is possible that the EEOC will challenge the CVS decision against EEOC in the U.S. Supreme Court. Most lawyers, when they check a severance agreement, they only look to see if the content is fair and equitable. Separation and transaction agreements. Under the WTA, separation and transaction agreements are treated differently from employment contracts. In the case of transaction and separation agreements, the WTA only authorizes provisions relating to the confidentiality of truthful statements or allegations of illegal employment practices if the undertaking reflects an agreed consideration, is mutually beneficial to both the worker and the employer, and the written recognition includes: (i) the worker`s right to have the agreement reviewed by a lawyer or other representative prior to signing; (ii) the agreement does not renounce illegal labour practices that are incurred after the date of its signing, nor to release in any other way; (iii) the worker`s right to a 21-day review period of the written agreement; and (iv) the worker`s right to revoke the contract within seven days of signing. Employers who develop separation or transaction agreements will review a separate privacy review and will want to revise the confidentiality language consistent with the above provisions. Other agreements, clauses or waivers, which are reciprocal conditions of employment, are acceptable if certain conditions are met: the agreement must be written, prove real facts, conscious and negotiated and examined by both parties, and the agreement must recognize the right to declare in good faith the practices of employment or criminal behaviour contrary to the law, to participate in proceedings of discrimination or harassment , to make truthful statements, prescribed by law. and seek confidential legal advice.
In the situation where the employer has submitted a dismissal agreement to the worker, the worker should also recognize that such a dismissal agreement was prepared by the employer`s lawyer and contains legal provisions that the worker should have verified by the lawyer of his own choice. Reconsider arbitration clauses. The WTA prohibits mandatory arbitration provisions for claims involving illegal employment practices.