104 STAT. 984 PUBLIC LAW 101-433—OCT. 16, 1990 "(2) A waiver in settlement of a charge filed with the Equal Employment Opportunity Commission, or an action filed in court by the individual or the individual's representative, alleging age discrimination of a kind prohibited under section 4 or 15 may not be considered knowing and voluntary unless at a minimum— "(A) subparagraphs (A) through (E) of paragraph (1) have been met; and "(B) the individual is given a reasonable period of time within which to consider the settlement agreement. "(3) In any dispute that may arise over whether any of the requirements, conditions, and circumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A) or (B) of paragraph (2), have been met, the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to paragraph (1) or (2). "(4) No waiver agreement may affect the Commission's rights and responsibilities to enforce this Act. No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission.". 29 USC 626 note. SEC. 202. EFFECTIVE DATE. (a) IN GENERAL. —The amendment made by section 201 shall not apply with respect to waivers that occur before the date of enactment of this Act. OJ) RULE ON WAIVERS.— Effective on the date of enactment of this Act, the rule on waivers issued by the Equal Employment Opportunity Commission and contained in section 1627.16(c) of title 29, Code of Federal Regulations, shall have no force and effect. TITLE III—SEVERABILITY 29 USC 621 note. SEC. 30L SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected thereby. Approved October 16, 1990. LEGISLATIVE HISTORY—S. 1511 (H.R. 3200): HOUSE REPORTS: No. 101-664 accompanying H.R. 3200 (Comm. on Education and Labor). SENATE REPORTS: No. 101-263 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990): Sept. 17, 18, 24, considered and passed Senate. Oct. 2, 3, considered and passed House.
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