EEOC's Proposed Rule Would Clarify ADEA Defense

Law360, New York (February 18, 2010, 2:56 PM EST) -- The U.S. Equal Employment Opportunity Commission has announced publication of a notice of proposed rulemaking to give meaning to the “reasonable factors other than age” defense in the federal Age Discrimination in Employment Act.

The exemption, which arose from the U.S. Supreme Court's 2005 decision in Smith v. City of Jackson, holds that employment practices that have a disparate impact on ADEA-protected workers are not discriminatory if they can be justified by a “reasonable factor other than age,” or RFOA.

The NPRM would define such factors...
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