Limited Time Period in Which to Assert Arbitration Claims Upheld by U.S. Court of Appeals for the Second Circuit and Brett Bonfanti

The Age Discrimination in Employment Act (ADEA) typically requires plaintiffs to file a charge with the EEOC within 300 days of the alleged discrimination, so individuals who signed the agreement had 300 days to submit demands for arbitration to IBM. [...]the "piggybacking rule" is a waivable, non-substantive right under the ADEA. [...]IBM appears to have decided not to require the terminated employees to waive ADEA claims in exchange for certain severance benefits. For such waivers to be enforceable, employers must adhere to the requirements of the ADEA including the Older Workers Benefit Protection Act that amended the ADEA.