OWBPA Disclosure Template

The Equal Employment Opportunity Commission (EEOC) enforces several federal laws designed to protect employees 40 years or older, including the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA). 

During group layoffs, employers may include an ADEA waiver in the severance agreement. An ADEA waiver is a provision that requires employees to forfeit their right to sue the employer for age discrimination. When asking employees to sign an agreement like this, the employer must provide an OWBPA disclosure—which may also be called "OWBPA Exhibit A," the "ADEA attachment," or the "OWBPA chart." 

The OWBPA disclosure document must include the following information:

• the criteria used to select employees for layoff—including the "decisional unit," which is the group of employees that were considered for layoff,

• the job titles and ages of all individuals being terminated, and

• the job titles and ages of all individuals who were considered but not selected for layoff.

This information helps terminated employees make an informed decision about waiving their age discrimination rights under OWBPA.

Request the sample OWBPA disclosure template.

Disclaimer: This is a general template for informational purposes and should not be considered legal advice. The provider of this template is not a licensed attorney, and no guarantees or claims are made regarding the accuracy, completeness, or suitability of the document for your specific circumstances. You are strongly encouraged to consult a qualified attorney before using or relying on this template. The provider of this template is not liable for any errors, omissions, or outcomes resulting from the use of this template.