Oubre v. Entergy Operations, Inc.

Justice Beeyee, with whom Justice O’Connoe joins,.

concurring.

This ease focuses upon a worker who received a payment from her employer and in return promised not to bring an age-discrimination suit. Her promise failed the procedural tests of validity set forth in the Older Workers Benefit Protection Act (OWBPA), 29 U. S. C. § 626(f)(1). I agree with the majority that, because of this procedural failing, the worker is free to bring her age-discrimination suit without “tendering back” her employer’s payment as a precondition. As a conceptual matter, a “tender back” requirement would imply that…