holding that the factors established in Cirillo were no longer applicable to alleged waiver of ADEA rights because new legislation (the Older Workers Benefit Protection Act (OWBPA)) requires specific formalities when executing a release of liability under the ADEA
How later courts described this case
- holding that the factors established in Cirillo were no longer applicable to alleged waiver of ADEA rights because new legislation (the Older Workers Benefit Protection Act (OWBPA)) requires specific formalities when executing a release of liability under the ADEA
- analogizing OWBPA to the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51 (1939) under which the Supreme Court held that the tender back doctrine was “wholly incongruous with the [statute’s] general policy.” Hogue v. Southern R. Co., 390 U.S. 516, 88 S.Ct. 1150, 20 L.Ed.2d 73 (1968)
- recognizing that although the tenderbaek/ratification doctrines do not apply to releases challenged under the ADEA, they do apply to the state law claims
- holding that the Older Workers Benefit Protection Act supersedes Cirillo with respect to the Age Discrimination in Employment Act of 1967
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
March 11, 1997
The petition for rehearing filed by appel-lees in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Cowen and Greenberg would have granted rehearing.