The Supreme Court of the United States held that an employee's ADEA claim is not barred when a waiver thereof does not comply with the specific requirements of OWBPA, even if the employee does not return or offer to return the consideration received for releasing claims against an employer.
Oubre v. Entergy Operations, Inc., 118 S. Ct. 838 (1998).
Maureen R. Jordan,
Age Discrimination in Employment Act (ADEA) - Older Workers Benefit Protection Act (OWBPA) - Ratification - Tender Back,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol37/iss1/9