---
title: "Draft a separation agreement that releases age claims"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-without-prejudice-settlement-deed-and-tax-treatment-checklist-fo/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-A20260923-1-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft a separation agreement that releases age claims

> Draft the separation agreement from the term sheet, including the age-waiver clauses, and list each Older Workers Benefit Protection Act condition that the draft must meet.

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-without-prejudice-settlement-deed-and-tax-treatment-checklist-fo/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Draft the separation agreement from the term sheet, including the age-waiver clauses, and list each Older Workers Benefit Protection Act condition that the draft must meet. |
| What the lawyer must review | 29 U.S.C. § 626(f) says a waiver of a right or claim under the Age Discrimination in Employment Act is not knowing and voluntary unless, at a minimum, it is written to be understood, specifically refers to rights or claims under that Act, does not waive rights that arise after execution, is in exchange for consideration beyond what the person is already entitled to, advises the person in writing to consult a lawyer, gives at least 21 days to consider (45 days for a group exit program), and allows at least 7 days after execution to revoke, during which the agreement is not effective. A group program also requires the written disclosures in § 626(f)(1)(H). The employer bears the burden of proving the waiver. You check every clause before it is offered. A waiver does not limit the EEOC's own enforcement. |
| Written for | United States |
| Applies to | [Draft a without-prejudice settlement deed and tax-treatment checklist for a termination](https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-without-prejudice-settlement-deed-and-tax-treatment-checklist-fo.md) |

## Checking plan

- What the AI does: Draft the separation agreement from the term sheet, including the age-waiver clauses, and list each Older Workers Benefit Protection Act condition that the draft must meet.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 626(f) governs age claims. A release of other federal or state claims has its own rules, which you open.
- A settlement of a charge already filed with the EEOC is tested under § 626(f)(2), not only under paragraph (1).

## Sources

- [29 U.S.C. § 626(f) (waiver of Age Discrimination in Employment Act rights)](https://www.law.cornell.edu/uscode/text/29/626) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Separation and release agreement, with ADEA and OWBPA terms](https://ailawframework.com/precedents/employment-and-workplace-relations/us-separation-release-adea.md) | Agreement | Red | Separation agreement for a single employee or a group program, with the Older Workers Benefit Protection Act terms for a waiver of claims under the Age Discrimination in Employment Act.… |
| [Deed of settlement and release on termination of employment, with payment and tax treatment checklist](https://ailawframework.com/precedents/employment-and-workplace-relations/termination-settlement-deed-and-tax-checklist.md) | Deed | Yellow | A deed between an employer and a departing employee: agreed termination date, settlement payment, release of claims, confidentiality and non-disparagement, return of property, reference and… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*