Question
Clara Robinson, a physical therapist, employed by Movation Nation, Inc. for 15 years was notified by letter from Movation Nation dated August 5, 2016 that
Clara Robinson, a physical therapist, employed by Movation Nation, Inc. for 15 years was notified by letter from Movation Nation dated August 5, 2016 that the she was being let go due to the reduction of workforce at the company. The letter gave the effective date of Clara's termination as August 20, 2016 and notified her that she would receive 60 hours of severance pay upon signing a separation agreement and a general release. On August 15, 2016, Movation Nation mailed Clara copies of the "Separation Agreement, General Release and Covenant Not to Sue," for her review and signature.
Clara believed the reasons for her termination were a ruse and she was being denied a promotion due to her gender. She plans to file a charge of sexual discrimination with the EEOC. She believed she could not sign the Separation Agreement because it contained a covenant not to sue.
Is Clara correct? Can she file the charge with the EEOC despite the covenant not to sue?
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