Summary: H.R.1432 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (08/04/1989)

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, 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, including filing notice with the Equal Employment Opportunity Commission (EEOC). Declares that no settlement of a bona fide claim shall: (1) affect the rights and responsibilities of the EEOC to enforce such Act; or (2) prohibit an individual from filing a charge with, or participating in any manner in an investigation or litigation conducted by, the EEOC under such Act.

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, or labor organization or their representatives, and without the assistance or instigation of any such entity against which the allegation is made.

Limits EEOC authority to issue rules or regulations which would permit waivers, without EEOC or court supervision, of rights or claims which are not waived in accordance with this Act.

Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.