Settlement Agreement
(Employment Discrimination Class Action)

Summary

This template is a settlement agreement in employment discrimination class action that is intended for use in settling lawsuits asserting class action employment discrimination claims under federal and state employment discrimination laws. It follows the requirements for Rule 23 of the Federal Rules of Civil Procedure (Rule 23). This template includes practical guidance, drafting notes, and an alternate clause. This Settlement Agreement in Employment Discrimination Class Action is based on federal procedural law and does not address all potential state procedural law distinctions; thus, you should check any relevant state and local laws. For practice notes, templates, checklists, presentations, and videos that give you a starting point in preparing for various types of employment litigation, see Employment Litigation Resource Kit. For more information on Rule 23 settlements, see 5 Moore's Federal Practice - Civil Chapter 23.syn (see Section I.). For more information on settling employment discrimination claims, see Settlement Agreements: Initial Assessment, Drafting, and Negotiating Techniques (Pro-Employer). For information on settling Rule 23 wage and hour class actions, see Settlements of FRCP Rule 23 Wage and Hour Class Actions. Note that plaintiffs must bring group actions under the federal Age Discrimination in Employment Act (ADEA) as collective actions rather than as Rule 23 class actions. For an annotated settlement agreement for use in ADEA collective actions, see Settlement Agreement (Employment Discrimination Collective Action) (ADEA). For a video providing strategic considerations for employers when structuring settlements for employment discrimination claims, see Settlement Strategies for Employment Discrimination Claims (Pro-Employer) Video. For a motion for preliminary approval of settlement checklist, see Motion for Preliminary Approval of Settlement Checklist (Employment Discrimination Class Action).