by Russell E. Adler, Esq., Pepper Hamilton LLP
The EEOC has issued a new regulation addressing the “reasonable factors other than age” (RFOA) defense to disparate impact claims under the Age Discrimination in Employment Act (ADEA). The regulation defines “reasonable factors other than age” and provides specific considerations to help determine whether an employer’s specific employment practice is nondiscriminatory based on the RFOA defense.
Understanding the new regulation can help you comply with the law and prevail in court if you are sued.
2 Supreme Court rulings
In a 2005 decision, Smith v. City of Jackson (544 U.S. 228, 2005), the U.S. Supreme Court held that the ADEA permits claims under the disparate impact theory. A disparate impact claim is based on an apparently neutral employment practice (for example, applicants must have graduated from high school) that has a disproportionately adverse effect on individuals in s...(register to read more)