188-26 Separation Agreement - Topoleski.pdf

2 d. The Parties also understand that Topoleski may be applying for retirement benefits with the State of New Jersey, Division of Pensions and Benefits. Topoleski understands and agrees that the ultimate approval of said pensionable benefits is at the sole risk of Topoleski and any denial thereof shall in no way affect the enforceability of this Agreement or diminish the consideration given therefore. 2. COMPLETE RELEASE. In exchange for the above consideration, Topoleski and her heirs, assigns and agents, hereby irrevocably and unconditionally waive, release and forever discharge any and all claims or rights, whether known or unknown, from the beginning to time up to the date this Agreement is executed against the Township personally and officially, individually and collectively, its past and present Council members, all officers and administrators, its attorneys, agents and employees, personally and officially, as well as their successors, and assigns (collectively, the “Releasees”), including, but not limited to any and all claims for damages, reinstatement, attorney’s fees, penalties, potential lost interest payments and/or costs under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981a et seq., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), the Pregnancy Discrimination Act, the Equal Pay Act, the Family and Medical Leave Act (“FMLA”), as amended, the Sarbanes-Oxley Act of 2002, the United States Constitution, the Constitution of the State of New Jersey, the Conscientious Employee Protection Act (“CEPA”), New Jersey Law Against Discrimination (“NJLAD”), the New Jersey Employer- Employee Relations Act, or any other federal, state or local laws, regulations or ordinances regulating employment or the workplace or of similar effect to the foregoing, including, but not limited to any federal, state or local law regarding retaliation for protected activity or interference with protected rights, and all amendments to each such law. Topoleski understands and acknowledges that Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981a et seq., the ADEA, the ADA, the FMLA, the CEPA, the Equal Pay

ges that Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981a et seq., the ADEA, the ADA, the FMLA, the CEPA, the Equal Pay Act, NJLAD, the state and local civil rights laws, provide Topoleski the right to bring actions against the Township if, among other things, Topoleski believes she has been discriminated against on the basis of race, ancestry, color, religion, sex, pregnancy, national origin, disability, age, need for protected leave, medical condition, sexual orientation, marital status, veteran status, benefit eligibility or any other protected basis. This Agreement shall constitute and may be raised by the Township and other Releasees as, a bar to recovery by Topoleski in any action initiated by her or on her behalf against the Township and other Releasees or any of them in any forum, including, but not limited to, administrative charges filed with the EEOC or National Labor Relations Board under one or more of the statutes listed above. Nothing in this waiver and release is intended to or shall interfere with Topoleski’s right to participate in a proceeding with any appropriate federal, state or local government agency enforcing discrimination laws, nor shall this Agreement prohibit Topoleski from filing a charge of discrimination or cooperating with any such agency in its investigation. Provided, however, Topoleski hereby waives the right to receive money or monetary relief in any action she institutes or is instituted on her behalf by any other person, entity or government agency. It is expressly understood that the arrangement herein shall not be construed to represent any policy or procedure of the Township.