Group Exit Programs in Nebraska and Tampa Bay: Keep Age Waiver Disclosures in View

Layoffs, early-retirement offers and other group exit programs put several HR details in motion at once. If a waiver of age discrimination claims is part of the program, the written information employees receive deserves careful attention.

The Equal Employment Opportunity Commission (EEOC) brought this requirement back into view in a notice published October 27, 2026. The Commission said it intends to ask the Office of Management and Budget to extend the existing information collection for these waivers for three years, without change. Comments on the proposed extension are due December 28.

That notice does not announce a new employer rule. It describes an existing requirement for employers with 20 or more employees that seek waiver agreements in connection with group exit incentives or other employment termination programs. For businesses in Nebraska and Tampa Bay, it is a useful reason to review who prepares the written disclosure and what information belongs in it.

When the group disclosure applies

The notice concerns waivers under the Age Discrimination in Employment Act (ADEA), which protects employees and applicants who are age 40 or older from age discrimination. When an employer requests a waiver as part of an exit incentive or other termination program offered to a group or class of employees, the employer must give affected employees information in writing. The information is meant to help each person make an informed choice about signing the waiver.

The group context matters. The disclosure is more than a summary of an individual offer; it describes the group covered by the program and how that group was defined.

What the written disclosure should cover

The EEOC’s October 27 notice lists the information employers must provide to affected employees:

• The class, unit or group covered by the program
• Any eligibility factors used for the program
• Any time limits that apply
• The job titles and ages of everyone eligible or selected for the program
• The ages of people in the same job classification or organizational unit who are not eligible or selected

The employer provides this information to the affected employees, not to the EEOC. The written disclosure should be prepared in a way the average eligible participant can understand, as the notice explains.

A practical review before an offer goes out

Before a group offer is distributed, HR can walk through a few concrete questions:

1. Is the covered group clearly defined? Confirm the class, unit or group the program includes, and make sure that description matches the eligibility factors.
2. Are the dates and criteria complete? Include the factors used to decide eligibility and the applicable time limits.
3. Does the age and job-title information cover both sides of the decision? Review eligible or selected employees and the comparison group in the same job classification or organizational unit who are not included.
4. Will each affected employee receive a clear written disclosure? Check that the information is understandable and reaches the people who need it as part of the waiver process.
5. Have the right people reviewed the details? Coordinate the program’s employee group, eligibility decisions and written materials before sending them out. For a specific program, involve qualified employment counsel in the review.

These steps help HR focus on the details called out in the EEOC notice while keeping the offer process organized. A template can be a starting point, but the group description, criteria and comparison information need to reflect the program at hand.

What Nebraska and Tampa Bay employers can take from the notice

The October 27 notice concerns a federal requirement, so the core disclosure checklist is relevant for eligible group programs in both Nebraska and the Tampa Bay area. Employers operating across locations can keep a shared review process while confirming that each program’s own group definition, eligibility criteria and employee information are accurate.

The EEOC is seeking comments on the proposed extension of its information collection through December 28, 2026. The request is about extending the existing collection without change; it does not add a new disclosure step for employers.

Clear policies, organized employee information and thoughtful communication are part of the broader work of managing a team. Soarin Group’s Managed HR service supports businesses with HR policies, compliance needs, employee administration and workplace conversations. Explore Managed HR support or speak with qualified employment counsel about a specific exit program.

Source: EEOC, “Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comment Request,” Federal Register, October 27, 2026, 91 FR 67570–67572.