'Reasonable' Regulations Against Age Discrimination

Law360, New York (January 5, 2012, 2:38 PM EST) -- In a development that promises to make it harder and more expensive for employers to defend against disparate impact age discrimination claims, the U.S. Equal Employment Opportunity Commission (EEOC) has sent new regulations to the U.S. Office of Management and Budget (OMB) for its review and approval.

If approved, the proposed regulations, which have not yet been made public in final form, will revise outdated EEOC rules and eliminate the so-called business necessity test previously used by the agency and some courts in age-based disparate impact...
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