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Abstract

Troubled economic conditions exacerbate acts of employment discrimination. It is a common concern that employers will replace their older, more expensive workers with younger employees who will work at lower salaries. The Age Discrimination in Employment Act ("ADEA") was enacted by Congress to combat age discrimination against workers forty years of age and over. This Note focuses on one issue that has arisen out of the ADEA -- employers' use of waivers through which employees agree to release employers from any age discrimination claims in exchange for additional severance pay and benefits. Specifically, this Note analyzes whether an employee who signs a release ratifies an otherwise invalid release by retaining the severance pay and benefits.

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