Q: Can an employer suggest to an employee to waive their protected class rights?
employer has offered better benefits(pay, promotion, hours,etc) if i waive my primary reasonable accommodations that allow me to work productively and safely. not sure if they could prove undue hardship considering they allow poor performers to obtain better benefits.
A: Under certain circumstances, you could possibly waive your right to recover damages (typically money) from a disability related discrimination/retaliation claim. Generally, however, you cannot waive your right to at least bring that kind of claim with the EEOC or state agency. So to put it another way, you usually cannot waive your right to bring the claim, but if you win you may not receive any benefit from the victory, because of your waiver. I hope that helps and good luck!
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