John Dibiase v. Smithkline Beecham Corporation

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This is an appeal from a district court’s judgment predicated on its opinion holding that an employer violates the Age Discrimination in Employment Act (“ADEA”) by offering to all employees terminated as a result of a reduction-in-force (RIF) enhanced severance benefits in return for a general release of all claims, including ADEA claims, against the employer. We conclude that such a practice does not violate the ADEA, and therefore we will reverse the judgment of the district eourt. Because there is no basis for further proceedings in this case,…