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after October 1992 and that he should find another position
within IBM or sign up for the IBM Modified and Extended
Individual Transition Option Program (the ITO II Program). The
ITO II program provided a lump-sum cash payment and other
benefits in exchange for signing a General Release and Covenant
Not to Sue (the release).
On July 31, 1992, after 2 days of unsuccessfully seeking
another position within IBM, petitioner signed up for the ITO II
program and executed the release, which provided in relevant
part:
If you feel that you are being coerced to sign this
release or that your signing would for any reason not
be voluntary, or you believe the process by which you
have been offered this release or the payment in
exchange for this release is discriminatory, * * * you
are encouraged to discuss this with your management or
Personnel before signing this release. * * *
In exchange for the sums and benefits which you will
receive pursuant to the terms of the * * * [ITO II
Program], Thomas J. Hamm[3] (hereinafter "you") agrees
to release * * * [IBM] from all claims, demands,
actions or liabilities you may have against IBM of
whatever kind, including but not limited to those which
are related to your employment with IBM or the
termination of that employment. You agree that this
also releases from liability IBM's agents, directors,
officers, employees, representatives, successors and
assigns (hereinafter "those associated with IBM"). * *
* You also agree that this release covers, but is not
limited to, claims arising from the Age Discrimination
in Employment Act of 1967, as amended, Title VII of the
Civil Rights Act of 1964, as amended, and any other
federal or state law dealing with discrimination in
employment on the basis of sex, race, national origin,
3 The name Thomas J. Hamm was typed into a space provided in
the Release.
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