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Waiver Agreement Valid; Employee Cannot Sue for Sexual Harassment

By Andrew C. Pickett
  • February 20, 2002

Any employee who knowingly and voluntarily signed a severance agreement waiving her rights under Title VII cannot bring an action in court against her employer for sexual harassment. In a case of first impression, the U. S. Court of Appeals for the First Circuit (Boston) said there was no reason why a knowing and voluntary waiver viewed in light of the "totality of the circumstances" should not be given effect. Jackson Lewis represented the employer in the case. Melanson v. Browning-Ferris Industries Inc., No. 01-1914 (1st Cir., February 19, 2002).

©2002 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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