Employment Discrimination Template

EMPLOYMENT DISCRIMINATION SETTLEMENT AGREEMENT AND RELEASE

This Employment Discrimination Settlement Agreement and Release (the Agreement) is made and entered into as of Effective Date: , by and between Employee Name: , whose address is Employee Address: , and Employer Name: , a business entity of type: Corporation LLC Other , with principal place of business at Employer Address:

RECITALS

WHEREAS, Employee contends that Employer engaged in employment practices that constitute discrimination and/or related unlawful employment actions and has asserted claims arising out of Employee's employment and separation from employment; and

WHEREAS, Employer expressly denies any wrongdoing or liability of any kind, but recognizes the desirability of resolving all disputes between the parties without the burden and expense of litigation; and

WHEREAS, the parties desire to resolve fully and finally any and all claims that Employee may have against Employer as of the Effective Date, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. "Claims" means any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses (including attorneys' fees) of whatever kind or nature, whether known or unknown, suspected or unsuspected, that Employee has or may have against Employer arising prior to the Effective Date, including but not limited to claims under federal, state, or local anti-discrimination statutes (including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act), wage-and-hour statutes, tort laws, contract laws, and common law theories.

2. CONSIDERATION

In consideration of Employee's covenants and releases contained in this Agreement, Employer agrees to pay Employee the total gross Settlement Amount: , subject to applicable withholdings and as allocated between wages and other consideration as described below.

The parties agree that Employer will issue payment as set forth above and will report and withhold taxes as required by law. The allocation of the Settlement Amount between wages, interest, and other consideration shall be determined by Employer in accordance with applicable law and reported on appropriate tax forms.

3. RELEASE OF CLAIMS

In consideration of the payments and other obligations set forth in this Agreement, Employee, on behalf of Employee and Employee's heirs, executors, administrators, agents, representatives, successors and assigns, hereby fully and forever releases and discharges Employer and its current and former parents, subsidiaries, affiliates, officers, directors, shareholders, agents, employees, insurers, attorneys, successors and assigns (collectively, the Released Parties) from any and all Claims arising up to and including the Effective Date. The release includes, without limitation, Claims under federal, state or local statutes, regulations or ordinances relating to discrimination, harassment, retaliation, wrongful termination, wage claims, and all common law claims.

Notwithstanding the foregoing, this release does not waive: (a) rights or claims that cannot be waived as a matter of law, including claims for workers' compensation and unemployment insurance benefits; (b) Employee's rights to vested retirement benefits under any employee benefit plan governed by ERISA, unless specifically set forth herein; or (c) the right to file a charge with, or participate in an investigation by, a governmental agency, provided that Employee understands and agrees that Employee will not pursue a private action for monetary relief against Employer on any matter covered by this release.

4. CONFIDENTIALITY AND NON-DISPARAGEMENT

Employee agrees to keep the terms and amount of this Agreement confidential and will not disclose such information to anyone except Employee's immediate family, tax advisors, or legal counsel, or as required by law or valid legal process. Employee further agrees not to make any public statements, whether oral or written, that disparage the Employer, its officers, directors, or business practices. Employer's obligation of confidentiality and non-disparagement applies to statements by Employer's senior officers only.

Check if Confidentiality and Non-Disparagement are mutual

5. NO ADMISSION OF LIABILITY

The parties acknowledge and agree that this Agreement is a compromise of disputed claims and that nothing contained herein shall be construed as an admission of liability or unlawful conduct by Employer, which expressly denies any liability.

6. RETURN OF PROPERTY AND COOPERATION

Employee represents that all Employer property in Employee's possession has been returned or will be returned on or before the Effective Date, including keys, access cards, electronic devices, documents, and other materials. Employee agrees to cooperate reasonably with Employer in any matters reasonably related to claims or litigation against third parties that predate this Agreement.

7. TAX ALLOCATION

All payments made pursuant to this Agreement shall be allocated between wages and non-wage consideration in the manner determined by Employer. Employee acknowledges that Employer is not providing tax advice and that Employee is solely responsible for the payment of any taxes arising from payments made under this Agreement. Employee agrees to indemnify and hold Employer harmless from any tax penalties assessed solely as a result of Employee's failure to report amounts paid under this Agreement, except to the extent required by law.

8. REPRESENTATIONS AND WARRANTIES

Employee represents and warrants that Employee has not assigned or transferred to any person any right or claim that is being released herein, that Employee has read and understands this Agreement, that Employee has had the opportunity to consult with legal counsel of Employee's choosing, and that Employee enters into this Agreement voluntarily and without coercion.

9. NOTICES

Notices shall be given in writing and shall be deemed delivered when personally delivered, sent by certified mail, return receipt requested, or sent by reputable overnight courier to the addresses set forth above or to such other address as a party may designate in writing.

10. AMENDMENT; WAIVER

This Agreement may be amended or modified only by a written instrument signed by both parties. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the party's right to enforce that provision in the future.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Governing State: without regard to its conflict of laws principles.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, whether oral or written.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall substitute for such invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

14. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile and electronic signatures shall be deemed original signatures for all purposes.

15. MISCELLANEOUS

The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. Each party represents and warrants that the person signing this Agreement on its behalf is duly authorized to do so.

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