Grady M. STROMAN, Plaintiff-Appellee, v. WEST COAST GROCERY Co., Defendant-Appellant, 884 F.2d 458 (9th Cir. 1989). · Go Syfert
Grady M. STROMAN, Plaintiff-Appellee, v. WEST COAST GROCERY Co., Defendant-Appellant, 884 F.2d 458 (9th Cir. 1989). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2005–2026 · 2 courts · …voluntary, deliberate, and informed at p. 462
142 citation events (97 in the last 25 years) across 23 distinct courts.
Strongest positive: Michael Cianci v. Department of Health and Human Services, et al. (azd, 2026-01-22)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Michael Cianci v. Department of Health and Human Services, et al.
D. Ariz. · 2026 · confidence medium
Coast 17 Grocery Co., 884 F.2d 458, 462 (9th Cir. 1989) (stating settlement agreements must be 18 “voluntary, deliberate, and informed” to effectively waive claims) (citation omitted), and 19 the presence of a “no representations” clause, alone, is not enough to dismiss Plaintiff’s 20 claims at the Motion to Dismiss stage, Takahashi v. Farmers Ins.
cited Cited as authority (rule) Rodric P. Stanley, Jr. v. Sgt Holland, et al.
N.D. Cal. · 2025 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 6 1989).
discussed Cited as authority (rule) FOSTER v. ECHOLS COUNTY SCHOOL DISTRICT
M.D. Ga. · 2024 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989) (holding that interpretation of a release of claims under Title VII is governed by federal law).
cited Cited as authority (rule) (PC) Weston v. California Department of Corrections and Rehabilitation
E.D. Cal. · 2022 · confidence medium
Id. (citing 3 McKee at *4 ) (citing see Jones v. Taber, 648 F.2d 1201, 1203 (9th Cir. 1981); Stroman v. West 4 Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989)).
cited Cited as authority (rule) (PC) Gradford v. Baez
E.D. Cal. · 2022 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 28 1989).
discussed Cited as authority (rule) Whitaker v. Aguilar
N.D. Cal. · 2022 · confidence medium
In view of the 24 record before the Court, and in light of the Consent Decree in which Whitaker waived his right to 25 seek injunctive relief arising from the Complaint, the Court concludes that Whitaker’s request for 26 injunctive relief is obviated by merger into settlement and consent decree. 1 See Stroman v. W. 27 1 Coast Grocery Co., 884 F.2d 458, 463 (9th Cir. 1989) (holding that settlement agreement in which 2 plaintiff waived “all claims” required dismissal of subsequent lawsuit); Matthews v. NPMG 3 Acquisition Sub LLC, 519 F. App’x 429, 430 (9th Cir. 2013) (holding that consen…
discussed Cited as authority (rule) (PC) Coleman v. Virga
E.D. Cal. · 2022 · confidence medium
Id.; see Jones v. Taber, 648 F.2d 1201 , 15 1203 (9th Cir. 1981); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989). 16 “Moreover, ‘an agreement need not specifically recite the particular claims waived in order to be 17 effective.’” Id. (quoting Stroman, 884 F.2d at 461 ). 18 A release of claims for violations of civil and constitutional rights must be voluntary, 19 deliberate, and informed.
cited Cited as authority (rule) Beeman v. Wolf
W.D. Wash. · 2021 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989).
discussed Cited as authority (rule) Raya v. Barka
S.D. Cal. · 2021 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 1989)). 23 On May 12, 2020, in the related Calbiotech Action, the Court issued an Order 24 granting in part and denying in part Calbiotech’s unopposed Motion for Summary 25 Judgment.
examined Cited as authority (rule) Gobin v. Hogan (3×) also: Cited "see"
W.D. Wash. · 2021 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 12 1989).
cited Cited as authority (rule) (PC) Coleman v. Virga
E.D. Cal. · 2021 · confidence medium
Id.; see Jones v. Taber, 648 F.2d 1201, 1203 (9th 24 Cir. 1981); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989).
discussed Cited as authority (rule) Ditko v. Fabiano Communications Incorporated
D. Ariz. · 2020 · confidence medium
Aug. 1, 2005) (“[T]he Supreme Court has indicated that a release and waiver could be 7 unenforceable against an ADEA claim but enforceable against other claims.”). 8 For the severance agreement release clause to validly bar Plaintiff’s Title VII 9 discrimination and retaliation claims, Plaintiff’s agreement must have been “voluntary, 10 deliberate, and informed.” Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 11 1989) (quoting Salmeron v. United States, 724 F.2d 1357, 1361 (9th Cir. 1983)).
discussed Cited as authority (rule) Jones v. Speer
D. Ariz. · 2020 · confidence medium
“The determination of 8 whether a waiver of Title VII was ‘voluntary, deliberate, and informed’ is predicated upon 9 an evaluation of several indicia arising from the circumstances and conditions under which 10 the release was executed.” Stroman, 884 F.2d at 462 (internal quotation marks and citation 11 omitted).
discussed Cited as authority (rule) HP Tuners, LLC v. Cannata
D. Nev. · 2019 · confidence medium
The Court will address the release 2 issue separately for both the federal and state law claims implicated. 3 i. Federal Claims 4 "The interpretation and validity of a [waiver] of [federal claims] is governed by federal 5 law." Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989) (citations omitted). 6 The Ninth Circuit has determined that enforceable releases of legal claims must be the product of 7 a “voluntary, deliberate, and informed” waiver.
cited Cited as authority (rule) Robert Strickland v. Ge Capital Retail Bank
9th Cir. · 2016 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462-63 (9th Cir. 1989) (a release of claims is valid if it is voluntary, deliberate, and informed); see also Pardi v. Kaiser Found.
discussed Cited as authority (rule) Bala v. Commonwealth of Virginia Department of Conservation & Recreation (2×)
4th Cir. · 2015 · confidence medium
Coast Grocery Co., 884 F.2d 458, 460-61 (9th Cir. 1989) (finding clear waiver of Title VII claims based on a provision stating that the agreement’s “terms represent a full and final settlement of any and all claims arising out of [the employee’s] employment with [his employer]”; Pilon v. Univ. of Minn., 710 F.2d 466, 467-68 (8th Cir. 1983) (finding clear waiver of a Title VII claim in a provision in which a graduate student released the university “from any and all manner of action . . . which [the plaintiff] ever had”); Anderson v. Garbage Disposal Serv., No. 3:00CV294- MU, 2000 W…
cited Cited as authority (rule) Minor v. FedEx Office & Print Services, Inc.
N.D. Cal. · 2015 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989)).
discussed Cited as authority (rule) David Marshall v. City of Farmington Hills (2×)
6th Cir. · 2014 · confidence medium
“The interpretation and validity of a [waiver] of [federal claims] is governed by federal law.” Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989).
cited Cited as authority (rule) Shawn Desautel v. Tetra Tech Ec, Inc.
9th Cir. · 2013 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461-63 (9th Cir.1989) (a settlement agreement may waive Title VII claims if the waiver is voluntary, deliberate, and informed); Nationwide Mut.
cited Cited as authority (rule) Mimi Campbell v. Chuck Hagel
9th Cir. · 2013 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461-63 (9th Cir.1989) (a settlement agreement may waive Title VII claims if the waiver is voluntary, deliberate, and informed).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Fred Meyer Stores, Inc.
D. Or. · 2013 · confidence medium
To constitute a waiver, the release of claims must be “voluntary, deliberate and informed.” Id. at 884 F.2d at 462 (citations omitted).
cited Cited as authority (rule) Calvin Matthews v. Npmg Acquisition Sub Llc
9th Cir. · 2013 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461-62 (9th Cir.1989).
cited Cited as authority (rule) James Salsman v. Access Systems Americas, Inc.
9th Cir. · 2013 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462-63 (9th Cir.1989) (a release of claims is valid if it is voluntary, deliberate, and informed); see also Pardi v. Kaiser Found.
discussed Cited as authority (rule) Fair Housing Council of Central California, Inc. v. Tylar Property Management Co. (2×) also: Cited "see, e.g."
E.D. Cal. · 2012 · confidence medium
The Ninth Circuit has held that a release of claims brought pursuant to Title VII of the federal Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) must be “voluntary, deliberate and informed,” Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989) (internal quotations, citations omitted), and because Title VII and FEHA “regard the prohibition against sexual harassment as part and parcel of the proscription against sexual discriminationf ] and ‘the antidiseriminatory objectives and overriding public policy purposes of the two acts are identical,]’ ” “courts freque…
cited Cited as authority (rule) Sofjan Bahaudin v. John McHugh
9th Cir. · 2012 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461-63 (9th Cir.1989) (Title VII claims barred by prior agreement where waiver was voluntary, deliberate, and informed).
discussed Cited as authority (rule) Gaub v. Professional Hospital Supply, Inc.
D. Idaho · 2012 · confidence medium
Coast Grocery Co., 884 F.2d 458, 460-61 (9th Cir.1989); see also Hisel v. Upchurch, 797 F.Supp. 1509, 1518 (D.Ariz.1992) (“[Settlement agreements have always been a favored means of resolving disputes, thus, they will be entered whenever possible.”).
cited Cited as authority (rule) Lahren v. University & Community College System
9th Cir. · 2008 · confidence medium
Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989).
examined Cited as authority (rule) Nilsson v. City of Mesa (4×)
9th Cir. · 2007 · confidence medium
“The interpretation and validity of a [waiver] of [federal claims] is governed by federal law.” Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989) (citations omitted). “[A]n agreement need not specifically recite the particular claims waived in order to be effective.” Id.
examined Cited as authority (rule) Nilsson v. City of Mesa (4×)
9th Cir. · 2007 · confidence medium
DISCUSSION A. The Waiver Signed By Nilsson Bars Her ADA Claims and Her § 1983 Claims, but not Her Title VII Claims. [1] “The interpretation and validity of a [waiver] of [federal claims] is governed by federal law.” Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir. 1989) (citations omitted). “[A]n agreement need not specifically recite the par- ticular claims waived in order to be effective.” Id.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Kidman (2×) also: Cited "see, e.g."
9th Cir. · 2007 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989), we stated that “[t]he interpretation and validity of a release of claims under Title VII is governed by federal law.” Stroman explained that the creation of a federal rule, rather than absorption of a state rule, is appropriate where the rights of the litigants and the operative legal policies derive from a federal source.
cited Cited as authority (rule) Ware v. Franchise Tax Board
9th Cir. · 2003 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461-62 (9th Cir.1989) (concluding waiver of Title VII claims valid where waiver was voluntary, deliberate, and informed).
discussed Cited as authority (rule) Smith v. Amedisys Inc.
5th Cir. · 2002 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989) (holding that a release “need not specifically recite [Title VII] in order to be effective”); Pilon v. Univ. of Minn., 710 F.2d 466, 467-68 (8th Cir.1983) (holding that even though a general release of “any and all” claims did not specifically mention Title VII, “the. wording of the release in the present case is clear and leaves no doubt that all claims potentially held by Pilón are waived”); see also Int’l Ass’n. of Machinists & Aerospace Workers v. Compania Mexicana de Aviacion, S.A. de C.V., 199 F.3d 796, 798 (5th Cir.200…
cited Cited as authority (rule) Flick v. Bank of America
D. Nev. · 2002 · confidence medium
“The interpretation and validity of a release of claims under Title VII is governed by federal law.” Stroman v. West Coast Grocery Company, 884 F.2d 458, 461 (9th Cir.1989).
cited Cited as authority (rule) Melanson v. Browning-Ferris Industries, Inc.
1st Cir. · 2002 · confidence medium
Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989); Rogers v. Gen.
cited Cited as authority (rule) Todd v. Blue Ridge Legal Services, Inc.
W.D. Va. · 2001 · confidence medium
Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989), cert. denied, 498 U.S. 854, 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990). 4 .
discussed Cited as authority (rule) Reighard v. Limbach Co., Inc.
E.D. Va. · 2001 · confidence medium
Co., 921 F.2d 160, 162 (8th Cir.1990); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989) (holding that a "full and final settlement of any and all claims” shows the intent that an employee intended to waive all existing claims under ERISA); Laniok v. Brainerd Mfg.
discussed Cited as authority (rule) T. Copeland & Sons v. SLM International, Inc. (In re SLM International, Inc.)
D. Del. · 2000 · confidence medium
Co., 110 F.3d 431, 442 (7th Cir.1997) (adopting the totality of the circumstances test and noting that, “[t]he inquiry into whether a waiver of ADEA rights was knowing and voluntary is, at bottom, an inquiry into the mental state of the party who is purported to have waived those rights”); Gormin v. Brown-Forman Corp., 963 F.2d 323, 327 (11th Cir.1992); Torrez v. Public Serv. of New Mexico, Inc., 908 F.2d 687 (10th Cir.1990); O’Hare v. Global Natural Resources, Inc., 898 F.2d 1015 , 1016 (5th Cir.1990); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989).
examined Cited as authority (rule) Dominguez v. BCW, INC. (5×)
D. Ariz. · 2000 · confidence medium
Stroman v. West Coast Grocery Co., 884 F.2d 458, 459 (9th Cir.1989), cert. denied, 498 U.S. 854 , 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990); Hisel v. Upchurch, 797 F.Supp. 1509, 1517 (D.Ariz.1992) (quoting Jones v. Taber, 648 F.2d 1201, 1208 (9th Cir.1981) “conditions affecting the validity of a release of significant federal rights are eminently a matter of federal law[ ]”).
discussed Cited as authority (rule) Reidy v. Runyon
E.D.N.Y · 1997 · confidence medium
Bormann v. AT & T Communications, Inc., 875 F.2d 399, 403 (2d Cir.), cert. denied, 493 U.S. 924 , 110 S.Ct. 292 , 107 L.Ed.2d 272 (1989) (applying the Age Discrimination in Employment Act); Beadle v. City of Tampa, 42 F.3d 633, 635 (11th Cir.), cert. denied, 515 U.S. 1152 , 115 S.Ct. 2600 , 132 L.Ed.2d 846 (1995); Torrez, 908 F.2d at 689-90 ; Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989), cert. denied, 498 U.S. 854 , 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990); Cirillo v. Arco Chem.
discussed Cited as authority (rule) Mary Vaefaga v. Oregon Steel Mills, Inc., a Delaware Corporation
9th Cir. · 1995 · confidence medium
In Stroman v. West Coast Grocery Co., 884 F.2d 458 (9th Cir.1989), cert. denied, 498 U.S. 854 (1990), this court held that a waiver of Title VII rights will be upheld only if it is "voluntary, deliberate and informed"; moreover, the court detailed those factors that would determine whether a waiver meets those conditions: "Of primary importance in [the] calculation is the clarity and lack of ambiguity of the agreement, ... the plaintiff's education and business experience, 'the presence of a noncoercive atmosphere for the execution of the release,' and whether the employee had the benefit of l…
discussed Cited as authority (rule) Eugene Pierce v. The Atchison, Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co., Cross-Appellee (2×)
7th Cir. · 1995 · confidence medium
See Gormin v. Brown-Forman Corp., 963 F.2d 323, 327 (11th Cir.1992); Torrez v. Public Serv. of New Mexico, Inc., 908 F.2d 687 (10th Cir.1990); O’Hare v. Global Natural Resources, Inc., 898 F.2d 1015 , 1016 (5th Cir.1990); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989) (Title VII); Bormann v. AT & T Communications, Inc., 875 F.2d 399, 401-02 (2d Cir.), cert. denied, 493 U.S. 924 , 110 S.Ct. 292 , 107 L.Ed.2d 272 (1989); Coventry v. United States Steel Corp., 856 F.2d 514, 521-22 (3d Cir.1988); Watkins v. Scott Paper Co., 530 F.2d 1159, 1172 (5th Cir.), cert. denied, 429 U…
discussed Cited as authority (rule) Williams v. Phillips Petroleum Co.
5th Cir. · 1994 · confidence medium
See Fair v. International Flavors & Fragrances, Inc., 905 F.2d 1114, 1117 (7th Cir.1990) (holding that a release of claims relating to employment barred claim under Employee Retirement and Income Security Act of 1974 ("ERISA")); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989), cert. denied, 498 U.S. 854 , 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990); Franz v. Iolab, Inc., 801 F.Supp. 1537, 1543 (E.D.La.1992) (holding that a release of all claims barred wrongful discharge and ERISA claims). 30 Plaintiffs also argue that the waivers did not comply with the Older Workers Benefit Pro…
discussed Cited as authority (rule) Williams v. Phillips Petroleum Co.
5th Cir. · 1994 · confidence medium
See Fair v. International Flavors & Fragrances, Inc., 905 F.2d 1114, 1117 (7th Cir.1990) (holding that a release of claims relating to employment barred claim under Employee Retirement and Income Security Act of 1974 (“ERISA”)); Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989), cert. denied, 498 U.S. 854 , 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990); Franz v. Iolab, Inc., 801 F.Supp. 1537, 1543 (E.D.La.1992) (holding that a release of all claims barred wrongful discharge and ERISA claims).
discussed Cited as authority (rule) Hisel v. Upchurch
D. Ariz. · 1992 · confidence medium
See Jones, 648 F.2d at 1203; cf. O’Hare, 898 F.2d at 1017 (adopting a similar test to review a release of a claim pursuant to the Age Discrimination in Employment Act); Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989) (establishing a similar test in a Title VII case), cert. denied, — U.S. —, 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990).
cited Cited as authority (rule) Kenneth W. Wright v. Southwestern Bell Telephone Company, a Corporation
10th Cir. · 1991 · confidence medium
We consider the present case more similar to Stroman v. West Coast Grocery Co., 884 F.2d 458, 461 (9th Cir.1989), cert. denied, — U.S. —, 111 S.Ct. 151 , 112 L.Ed.2d 117 (1990).
cited Cited as authority (rule) Constant v. Continental Telephone Co. of Illinois
C.D. Ill. · 1990 · confidence medium
Stroman v. West Coast Grocery Company, 884 F.2d 458, 460-461 (9th Cir.1989).
discussed Cited "see" Stephen Ditko v. Fabiano Communications, Inc.
9th Cir. · 2021 · signal: see · confidence high
See Nilsson v. City of Mesa, 503 F.3d 947, 952 (9th Cir. 2007) (explaining that a waiver of a federal right is valid if it is “voluntary, deliberate, and informed” (quoting Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989))).
cited Cited "see" (PC) Gradford v. Guiltron
E.D. Cal. · 2020 · signal: see · confidence high
See Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 24 1989).
cited Cited "see" (PC) Gradford v. Stanislaus Public Safety Center
E.D. Cal. · 2020 · signal: see · confidence high
See Stroman v. West Coast Grocery Co., 884 F.2d 458, 462 (9th Cir. 6 1989).
cited Cited "see" Day 050715 v. Ryan
D. Ariz. · 2020 · signal: see · confidence high
See Stroman v. West Coast 12 Grocery Co., 884 F.2d 458, 462 (9th Cir. 1989).
Retrieving the full opinion text from the archive…
50 Fair empl.prac.cas. 1204, 51 Empl. Prac. Dec. P 39,293 Grady M. Stroman
v.
West Coast Grocery Company
88-3815.
Court of Appeals for the Ninth Circuit.
Aug 31, 1989.
884 F.2d 458
1989 U.S. App. LEXIS 13066
Timothy J. Whitters, Seattle, Wash., for defendant-appellant., J. Michael Gallagher, Seattle, Wash., for plaintiff-appellee.
Wright, Tang, Wiggins.
Cited by 65 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Timothy J. Whitters, Seattle, Wash., for defendant-appellant.

J. Michael Gallagher, Seattle, Wash., for plaintiff-appellee.

Appeal from the United States District Court for the Western District of Washington.

Before WRIGHT, TANG and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Lead Opinion

WIGGINS, Circuit Judge:

West Coast Grocery Company (West Coast) appeals from a judgment entered against it after a bench trial in this action under 42 U.S.C. § 2000e (1982) brought by appellee Grady Michael Stroman. The district court held that Stroman was denied training for a supervisory position because he was black. The court also held that Stroman was constructively discharged as a result of the actions of several of Stro-man’s supervisors. The court awarded Stroman $291,445.88 in back and front pay. We reverse the district court’s judgment because Stroman’s suit was barred by the terms of the release agreement entered into by Stroman and West Coast.

I

Stroman began working with West Coast as a part time order selector on January 15, 1981. Stroman’s job as an order selector consisted of identifying pallets of groceries in West Coast’s warehouse and transporting the pallets to different shipping locations throughout the warehouse. He was switched to full time on September 28, 1981.

[*460] Beginning in early 1982 Stroman made repeated requests to be trained for a position as a grocery warehouse supervisor in the scheduling office. An employee generally had to be recommended by his supervisors for training in the scheduling office. Stroman’s supervisors declined to recommend him for training.

Stroman applied and was interviewed for a supervisor position in the scheduling office in April 1985. He was not selected. As a result of his failure to obtain the position, Stroman filed a discrimination charge with the Washington State Human Rights Commission (WSHRC) and the Equal Employment Opportunity Commission (EEOC) alleging that he was denied the position because of his race. On June 12,1985, Stroman filed a second discrimination charge alleging retaliation because of the previous charge. In July 1985 Stroman again applied for a supervisor position, but was not selected.

Stroman sought and obtained a voluntary medical leave of absence on August 5, 1985. In late October 1985, Stroman approached his supervisor Willy Mosley regarding the possibility of being put on economic layoff so that he could receive unemployment benefits. Although the economic layoff was meant only for part time employees, West Coast agreed to place Stro-man on economic layoff status. In exchange West Coast required Stroman to enter into the following agreement:

West Coast Grocery and Grady Michael Stroman agree to the following:
1. Mike will leave the Company on an economic lay-off.
2. West Coast will not contest the unemployment benefits.
3. The employee’s record will be cleared and information given out limited to date of hire, rate of pay, and journeyman status.
4. The employee will have no recall rights.
5. The employee will be entitled to any accrued vacation and his share of Profit Sharing payable as defined by Federal law, and the terms of the Profit Sharing Trust.
6.These terms represent a full and final settlement of any and all claims arising out of Mike’s employment with West Coast Grocery.

The agreement, dated November 1, 1985, was signed by Stroman, Mosley, and David Hamlin, the Operations Manager for West Coast.

On December 2, 1985, Stroman filed a third discrimination charge alleging that West Coast failed to promote Stroman to the July 1985 supervisor position because of his race. Stroman filed this suit on July 31, 1986, alleging that he was denied training and promotion because of his race. He also stated a claim of retaliation and constructive discharge. During trial, the district court held that the November 1, 1985, agreement was a “termination of work” agreement and not a release of claims against West Coast. The court apparently based its conclusion on the fact that Stro-man was still employed when he signed the agreement and no lawyers had yet become involved, and also because the statement contained in paragraph six that the agreement represented a “full and final settlement of any and all claims” did not explicitly mention Title VII. Concluding that it was a termination of work agreement, the court held that the agreement was admissible only to show discriminatory intent. See, Cassino v. Reichhold Chemicals, Inc., 817 F.2d 1338, 1342 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 785, 98 L.Ed.2d 870 (1988).

The district court further held that West Coast’s decision not to train Stroman was racially motivated, and that Stroman was constructively discharged because of the actions and conduct of West Coast. The court awarded Stroman $101,372.48 in back pay. The court also awarded Stroman $190,073.40 in front pay “due to corporate hostility” toward Stroman. This timely appeal followed. We have jurisdiction over this action under 28 U.S.C. § 1291 (1982).

II

“A general release of Title VII claims does not ordinarily violate public policy. To the contrary, public policy favors volun[*461] tary settlement of employment discrimination claims brought under Title VII.”[1] Rogers v. General Elec. Co., 781 F.2d 452, 454 (5th Cir.1986) (citations omitted); cf. Ahem v. Central Pac. Freight Lines, 846 F.2d 47, 48 (9th Cir.1988) (noting “overriding public interest in settling and quieting litigation” in action for securities and RICO violations). We nevertheless must closely scrutinize a waiver of rights under Title VII because of their remedial nature. See Freeman v. Motor Convoy, Inc., 700 F.2d 1339, 1352 (11th Cir.1983).

The interpretation and validity of a release of claims under Title VII is governed by federal law. See Salmeron v. United States, 724 F.2d 1357, 1361 (9th Cir.1983); see also Fulgence v. J. Ray McDermott & Co., 662 F.2d 1207, 1209 (5th Cir.1981) (“Creation of a federal rule rather than absorption of a state rule is appropriate where ... the rights of the litigants and the operative legal policies derive from a federal source.”); cf. Jones v. Taber, 648 F.2d 1201, 1203 (9th Cir.1981) (federal law governs waiver of section 1983 claim). We first consider whether the agreement is properly interpreted as a termination of work agreement as the district court held, or whether as West Coast argues the agreement constitutes a valid waiver by Stroman of all legal claims against West Coast.

The district court’s conclusion that the November 1, 1985, agreement did not constitute a release of all claims against West Coast was based primarily on an analysis of the contract provisions. We therefore review the district court’s determination de novo. See Miller v. Safeco Title Ins. Co., 758 F.2d 364, 367-68 (9th Cir.1985); see also Márchese ¶. Shearson Hayden Stone, Inc., 734 F.2d 414, 417 (9th Cir.1984). We conclude that the agreement constitutes a clear and unambiguous waiver by Stroman of all legal claims against West Coast. Under the terms of the agreement, West Coast agreed to allow Stroman to leave the company on economic layoff so that he could collect unemployment benefits, clear Stroman’s record, and limit the information given to prospective employers to the date of hire, rate of pay, and journeyman status. In exchange, Stroman agreed that the agreement would represent “a full and final settlement of any and all claims” arising out of his employment with West Coast. This language unambiguously indicates that Stroman intended to waive all claims against West Coast, including those then pending before the WSHRC and the EEOC.

The district court cited three reasons in support of its conclusion that the agreement was not a release of claims against West Coast. First, it relied on the absence of any mention of Title VII in paragraph six of the agreement. Contrary to the district court’s conclusion, an agreement need not specifically recite the particular claims waived in order to be effective. The fact that Stroman’s prior claims involved employment discrimination shows an intent to release Title VII claims under the agreement. The district court also based its interpretation of the agreement as a termination of work agreement on the fact that Stroman was still employed by West Coast when he signed the agreement. We fail to see the relevance of Stroman’s work status in light of the unambiguous language of the contract. We do not believe that whether Stroman was technically still employed when he signed the agreement has any bearing on the agreement’s interpretation. We reach the same conclusion with respect to the district court’s observation that no lawyers were consulted in the drafting of the agreement. In any event, the district court’s reasoning — that the absence of lawyers indicates that the agreement was not intended to relate to Stro-man’s legal claims — is undercut by Mos[*462] ley’s testimony at trial that he was aware of the substantive aspect of Title VII, although he did not know it by that name.

Our holding in Cassino v. Reichhold Chemicals, Inc., 817 F.2d 1338 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 785, 98 L.Ed.2d 870 (1988), has little relevance to this case. In Cassino we concluded that a “settlement agreement and General Release” was properly admitted by the district court under Fed.R.Evid. 408 as probative of the issue of discrimination. Id. at 1342. For whatever reason, whether the plaintiff’s suit was barred by the release was not at issue.[2] Here, the court erred in holding that the agreement was probative only of discrimination. The validly executed document should have been interpreted as a release barring the suit. Cassino is irrelevant to this case based on our holding that the agreement constitutes a release of Stroman’s legal claims.

Our conclusion that the November 1, 1985, agreement constitutes a release of all Stroman’s legal claims does not end the inquiry. We must also determine whether Stroman’s release of his discrimination claims was a “voluntary, deliberate and informed” waiver. Salmeron, 724 F.2d at 1361; Taber, 648 F.2d at 1203; see also Alexander v. Gardner-Denver Co., 415 U.S. 36, 52 n. 15, 94 S.Ct. 1011, 1021 n. 15, 39 L.Ed.2d 147 (1974). The district court’s findings pertaining to whether Stroman’s waiver is valid are reviewed under the clearly erroneous standard. See Ahern, 846 F.2d at 48; (citing Worthy, 756 F.2d at 1372).

The determination of whether a waiver of Title VII was “voluntary, deliberate, and informed” is “predicated upon an evaluation of several indicia arising from the circumstances and conditions under which the release was executed.” Coventry v. United States Steel Corp., 856 F.2d 514, 522 (3d Cir.1988); see Salmeron, 724 F.2d at 1362 (whether a release was voluntary must be determined from all the circumstances); Taber, 648 F.2d at 1203 (whether release was voluntary depends on both objective and subjective factors). Of primary importance in this calculation is the clarity and lack of ambiguity of the agreement, see Coventry, 856 F.2d at 522; Rogers, 781 F.2d at 455-56, the plaintiff’s education and business experience, see Coventry, 856 F.2d at 523 (quoting EEOC v. American Express Publishing Corp., 681 F.Supp. 216, 219 (S.D.N.Y.1988)), “the presence of a noncoercive atmosphere for the execution of the release,” Taber, 648 F.2d at 1204; see also Salmeron, 724 F.2d at 1362; Coventry, 856 F.2d at 523, and whether the employee had the benefit of legal counsel, see Salmeron, 724 F.2d at 1362; Taber, 648 F.2d at 1205; Coventry, 856 F.2d at 523.

Based on his ruling that the agreement was a termination of work agreement, the district court precluded West Coast’s counsel from examining either Stroman or Mosley regarding the conditions under which the agreement was signed. The court did, however, permit West Coast’s counsel to make an offer of proof incorporating Mosley’s affidavit. We conclude that the record as a whole sufficiently establishes the voluntariness of the agreement and no purpose would be served by remanding the case to the district court to reconsider this issue.

We are satisfied that Stroman’s release of “all claims” against West Coast under the November 1, 1985, agreement was a deliberate, voluntary, and knowing waiver of his Title VII and related claims. As we have previously indicated, the sixth paragraph of the agreement unambiguously indicates that Stroman intended to waive all legal claims against West Coast. We note that Stroman’s work experience and college education were particularly relevant to our determination of a knowing and voluntary waiver. Although Stroman was not a sophisticated businessman, his training in the Army and his business management-related community college degree convince us that Stroman possessed the[*463] education and skills necessary to understand that when he signed the agreement he waived all legal claims against West Coast.[3] He was sufficiently intelligent to understand that “all claims” meant all legal claims, including claims brought under Title VII.

Additionally, there is no evidence whatsoever that Stroman was coerced into signing the agreement. To the contrary, it was Stroman who approached Mosley asking to be placed on economic layoff. When the agreement initially was presented to Stro-man, he was not coerced into signing it. In fact, Stroman did not sign it until several days later. Although he did not have an attorney read the agreement before signing it, there is no evidence indicating that Stroman was discouraged or precluded from doing so. In fact, Mosley, who was not permitted by the district judge to testify on this issue, indicated in his affidavit that he asked Stroman whether he wished to have an attorney read the agreement before signing and that Stroman responded that he did not. We therefore conclude that the contractual agreement released Stroman’s Title VII discrimination claims, and that the release was a deliberate and informed waiver.

Ill

For the foregoing reasons, we reverse the district court’s judgment in favor of Stroman and order that judgment be entered in favor of West Coast and the action dismissed.[4]

REVERSED

1

Whether “policies underlying [a federal] statute ... render [a] waiver unenforceable is a question of federal law." Newton v. Rumery, 480 U.S. 386, 392, 107 S.Ct. 1187, 1192, 94 L.Ed.2d 405 (1987). "[A] promise is unenforceable if the interest in its enforcement is outweighed in the circumstances by a public policy harmed by enforcement of the agreement.” Id. (footnote omitted).

We perceive no public policy that would be harmed by enforcement of the November 1, 1985, agreement.

2

The document was never signed. Cassino, 817 F.2d at 1341-42.

3

Significantly, Stroman relied on this background in applying for a supervisory position at West Coast.

4

Because we hold that the November 1, 1985, agreement bars this suit, we need not address West Coast’s other arguments.

Dissent

TANG, Circuit Judge,

dissenting in part:

I agree that the economic layoff agreement was sufficient to waive Stroman’s Title VII claims. I dissent, however, from the majority’s factual determination that Stroman waived his Title VII rights knowingly and voluntarily.

When an appellate court determines that a lower court made findings based upon an erroneous view of the law, the appellate court may not make contrary findings but must remand for new findings to be made in the light of the correct rule of law. Pullman-Standard, v. Swint, 456 U.S. 273, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982). This is not a game where an incorrect understanding of the law by the fact finder results in automatic granting of relief. Such a rule would require inefficient use of limited resources because the district court would have to make factual determinations in every case regardless of whether they are needed.

The only exception to that rule is if “the record permits only one resolution of the factual issue”. Id. citing Kelley v. Southern Pacific Co., 419 U.S. 318, 331-332, 95 S.Ct. 472, 479-80, 42 L.Ed.2d 498 (1974). The majority presumes that Stroman waived his Title VII rights knowingly and voluntarily but I do not believe that the record permits only one conclusion as to this matter.

I would therefore remand for a determination as to whether the waiver of Title VII rights was made knowingly and voluntarily. It is the fact-finder, not us, who should determine these issues in the first instance.