A bill to amend the Age Discrimination in Employment Act of 1967 with respect to the waiver of rights under such Act without supervision, and for other purposes.
Age Discrimination in Employment Waiver Protection Act of 1989 - Amends the Age Discrimination in Employment Act of 1967 (the Act) to prohibit an individual from waiving any right under the Act without the supervision of the Equal Employment Opportunity Commission (EEOC) or a court, except in settlement of a bona fide claim alleging a certain kind of prohibited age discrimination.
Allows a settlement of a bona fide claim to occur only if the settlement is knowing and voluntary and only if certain criteria are met.
Prohibits any waiver agreement from: (1) affecting EEOC rights and responsibilities to enforce the Act; or (2) being used to justify interfering with the protected right of an employee to file a charge or participate in an EEOC investigation or proceeding.
Defines "bona fide claim," for such purposes, as: (1) a charge of age discrimination filed with the EEOC; (2) an action alleging age discrimination filed in court by the individual or the individual's representative; or (3) a specific allegation of age discrimination communicated in writing by the individual or the individual's representative directly to the employer, employment agency, labor organization, or their representatives.
Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.
For Further Action See H.R.3200.
Introduced in Senate
Read twice and referred to the Committee on Labor and Human Resources.
Committee on Labor and Human Resources requested executive comment from Department of Labor.
Subcommittee on Labor. Hearings held. Hearings printed: S.Hrg. 101-24.
Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-79. Additional and minority views filed.
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-79. Additional and minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 156.
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