EEOC Clarifies Age Discrimination Defense Standard

Law360, Washington (November 16, 2011, 12:28 PM EST) -- A divided U.S. Equal Employment Opportunity Commission on Wednesday approved a draft final regulation clarifying the “reasonable factors other than age” defense standard under the Age Discrimination in Employment Act, potentially giving older workers greater latitude in making disparate impact claims.

The commission voted 3-2 to send the regulation, intended to bring EEOC rules in line with two fairly recent U.S. Supreme Court rulings, to the Office of Management and Budget. The so-called “business necessity test" will no longer be used to determine the RFOA standard...
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