EEOC Proposal Shifts Burden In Age Bias Claims

Law360, New York (March 31, 2008, 12:00 AM EDT) -- The Equal Employment Opportunity Commission on Monday proposed to amend its interpretation of federal age discrimination laws to allow employers to argue that the allegedly biased practice can be reasonably justified, reflecting a U.S. Supreme Court ruling.

The amended rule on claims that an employment practice disparately impacts employees over 40 years old, who fall within the protected age group, would hand the employer the burden of providing a “reasonable factor other than age” to justify the practice.

The proposal has been expected since the Supreme...
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