What if the underlying charge is without merit?
Don’t try to limit participation rights. Promises not to file a charge or participate in an EEOC proceeding should not be included in agreements such as contracts requiring the use of alternative dispute resolution procedures, waiver agreements, employee handbooks, employee benefit plans, and noncompete agreements. Such promises are generally not enforceable and they may also amount to separate and discrete violations of the antiretaliation provisions of the civil rights laws.
