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The Equal Employment Opportunity Commission (EEOC) over the years has taken the position that severance agreements should not interfere with employees’ rights to file charges with the EEOC or other fair employment practices agencies (FEPAs). The EEOC in its Strategic Enforcement Plan for FY 2013-2016 warned employers that it was prioritizing this outlook, stating that it intended to “target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or which impede the EEOC’s investigative or enforcement efforts. These policies or practices include … settlement provisions that prohibit filing charges with the EEOC or providing information to assist in the investigation or prosecution of claims of unlawful discrimination.”

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