Tenth Circuit Requires Disclosure of RIF Selection Criteria for Valid Release

In a decision significant for downsizing employers, the U.S. Court of Appeals for the Tenth Circuit earlier this month invalidated a release signed by employees terminated in a reduction-in-force because the employer failed to inform the employees of the reasons they were selected for termination. The case marks the first time a federal appellate court has required employers to disclose RIF selection criteria in order to obtain a valid release of ADEA claims.