Employer Retaliation Against Employee By Requiring Waiver in Illinois EEOC Suit
Requiring employees to waive their rights under federal employment discrimination law and threatening them with dismissal for failing to comply violates federal law the EEOC charges in a recent lawsuit.
The EEOC alleges Cognis Corporation terminated a longtime employee after he refused to enter into a “last chance agreement.” allegedly waiving the employee’s right to file a charge with any civil rights commission or other government agency. (WCxKit)
It also prospectively waived his right to pursue relief in any forum if Cognis decided to discharge him in the future, according to Chicago District Director John Rowe, who supervised the EEOC’s administrative investigation.
Although the worker originally signed the agreement, he later rescinded it because, as he explained to Cognis, he did not wish to waive his civil rights. The man was immediately fired, the investigation indicated. According to Rowe, other employees were also asked to sign last chance agreements purportedly waiving their rights as a condition for keeping their jobs.
The agency seeks compensatory and punitive damages for the employee in addition to an order barring future retaliation and other relief. The suit, captioned EEOC v. Cognis Corporation, C.D. Illinois No. 10-C-2182, was filed in federal district court in Urbana, Ill. and assigned to U.S. District Court Judge Michael P. McCuskey. (WCxKit)
Rowe said, “We are always concerned when employers take measures which appear designed to prevent employees from making use of their rights under federal employment discrimination law. That problem is compounded when employees who resist these efforts face retaliation, including termination. That is sure to get our attention.”
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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