Plaintiff's release of Title VII claims valid, but her release of age discrimination claims not valid.(New York)

Although the facts and circumstances established that the plaintiff's waiver and release of Title VII claims (national origin (Hispanic/Colombian female) and retaliation) was voluntary and knowing and therefore enforceable, her release of age discrimination claims was not valid because it did not comply with the Older Workers Benefit Protection Act, a federal district court in New York held in Cordoba v. Beau Dietl & Associates, 2003 WL 22902266 (SDNY 2003).

The plaintiff was terminated because she was one of three employees in her department (accounting) and there was not enough work for three employees. The company had done a comparison of her and her co-workers' …