---
title: "Separation and release agreement, with ADEA and OWBPA terms"
url: "https://ailawframework.com/precedents/employment-and-workplace-relations/us-separation-release-adea"
type: "precedent"
site: "AI Law Framework"
id: "a14-us-separation-release-adea"
area_id: "A14"
kind: "agreement"
ai_level: "red"
version: 1
task_ids: ["A14-A20260923-1"]
law_stated_as_at: "2026-10-22"
---

# Separation and release agreement, with ADEA and OWBPA terms

> 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.…

Canonical page: https://ailawframework.com/precedents/employment-and-workplace-relations/us-separation-release-adea  
Law stated as at: 2026-10-22

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

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. The release does not bar an EEOC charge.

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-relations.md)
- Jurisdictions: United States
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 5 authorities it cites, for United States.

## When to use it

Use when an employer will pay severance an employee is not already owed, in exchange for a release, and the employee is at least 40 or the group includes employees who are. Do not use it to settle a charge already filed with the EEOC or an action already filed in court; that waiver is 29 U.S.C. § 626(f)(2).

## Used for these tasks

- [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)

## How AI may be used

The lawyer writes the release and the age disclosure. AI may put job title, age and selection facts from the HR file into a working table for the lawyer. AI does not draft wording that will be signed or given to employees.

**AI may:**

- Build a working table of job title, age and whether the person was selected, from the HR export, for the lawyer to check
- List which of the § 626(f)(1) items are missing from a draft the lawyer has already written
- Calculate the date that is 7 days after a signed date the lawyer supplies, and flag it for checking

**AI must not:**

- Must not draft or revise the release, the revocation clause or the age disclosure that will be signed or given to an employee
- Must not decide who is in the group covered by a termination program
- Must not tell an employee that the release is valid or that they should sign

**The lawyer checks:**

- The waiver is a § 626(f)(1) waiver, not a settlement of a pending charge or lawsuit under § 626(f)(2)
- Consideration is something the employee is not already entitled to, the ADEA is named, future claims are not waived, and the employee is advised in writing to consult an attorney
- The consideration period is at least 21 days, or at least 45 days with the § 626(f)(1)(H) disclosure if this is a group exit incentive or termination program, and the 7-day revocation period has not been shortened

## Authorities

- [29 U.S.C. § 626(f) (waiver of rights under the Age Discrimination in Employment Act)](https://www.law.cornell.edu/uscode/text/29/626)
- [29 U.S.C. § 631(a) (ADEA protections limited to individuals at least 40 years of age)](https://www.law.cornell.edu/uscode/text/29/631)
- [29 U.S.C. § 630(b) (employer generally means a person with twenty or more employees)](https://www.law.cornell.edu/uscode/text/29/630)
- [EEOC, Q&A: Understanding waivers of discrimination claims in employee severance agreements](https://www.eeoc.gov/laws/guidance/qa-understanding-waivers-discrimination-claims-employee-severance-agreements)
- [29 U.S.C. § 157 (concerted activity)](https://www.law.cornell.edu/uscode/text/29/157)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/employment-and-workplace-relations/us-separation-release-adea and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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