Q. What is the final rule that the EEOC issued regarding the Age Discrimination in Employment Act (ADEA)?
A. On March 30, 2012, the EEOC issued the final rule on disparate impact and reasonable factors other than age (RFOA) under the ADEA. The final rule clarifies that the ADEA prohibits policies and practices that harm older individuals more than younger ones, unless the employer can show that the policy or practice is based on a reasonable factor other than age.
The rule explains the RFOA defense to employers and makes the regulations consistent with two Supreme Court decisions. The rule applies to private employers that have 20 or more employees and became effective April 30.
An employer must prove the RFOA defense after an employee has identified a specific policy or practice and established that it harmed older employees substantially more than younger ones.
What defines an RFOA?
Q. What determines whether an employmen...(register to read more)
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