A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age (RFOA),” not discrimination. Last month, the EEOC issued final regulations that clarify—using a nonexhaustive list of “other than age” factors—what would legally qualify as a legitimate RFOA in age-bias cases.
Read the EEOC’s Q&A document on this issue at www.theHRSpecialist.com/rfoa.
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