The mediation is over. Everyone has agreed on the numbers, and the lawyers are writing up the terms. But the employer wants the employee to agree not to file a charge of discrimination at the EEOC. The plaintiff’s side balks and says that this provision violates the law. Say what?
Well, my experience with the EEOC is that it considers insisting upon such a provision arguably to constitute unlawful retaliation. What to do, what to do?
This following language works: “Nothing in this agreement prohibits employee from filing a charge of discrimination with the EEOC or participating in an EEOC investigation; provided, however, that by signing this agreement, employee waives any right to seek or accept any monetary or other relief of any nature whatsoever in connection with any such charge, investigation or proceeding.”
Try using this; it comes in handy.