With respect to the group of employees who signed contracts with the last chance but were not terminated like Whitlow, the court dismissed the EEOC`s summary application for judgment, and those claims will now proceed in the direction of the trial. The court found that a jury could conclude that Cognis had implemented unlawful anticipatory retaliation against the class by requiring these employees to sign agreements renouncing their right to lay charges of discrimination for fear that they would attempt to exercise that civil right. The Tribunal found that the language of the agreements supported the conclusion that Cognis acted unlawfully with such fear “because the fear of such a protected activity appears to be one of the only grounds for including the retaliation provision in last-chance agreements.” It may also force companies to reconsider the application of “last-chance” agreements in disciplinary proceedings with workers. Despite the unique facts of the case, the broader lesson for employers is to check all the last chance agreements you have with the workers to make sure they don`t walk on the toes of the EEOC`s supervisory authority. Employers who accept last-chance agreements should understand that they are not a substitute for the ADA`s obligation to make appropriate arrangements. If the employer makes a second chance, he or she should be prepared to respond to requests for leave for rehabilitation programs, 12 or other. Generally, employers use last-chance agreements rather than terminating an employee who has been disciplined because of inappropriate behaviour or behaviour that has occurred in the past. This is essentially the employee`s last chance to clean up what he did. Agreements sometimes involve a renunciation of the worker`s right to file discrimination actions. For a last-chance agreement to be applicable, “it should only provide that the worker waives any right to assert any right of any kind until the time of execution, not for the future,” Cohen adds. Special note: many trade union officials mistakenly believe that it is not permissible to give up rights under “last-chance” agreements.