EEOC Issues Final Rule Under ADEA On Defense to Disparate Impact Claims

The Equal Employment Opportunity Commission announced March 29 that it has issued a final rule amending its existing Age Discrimination in Employment Act regulations to conform with two U.S. Supreme Court decisions that recognized ADEA disparate impact claims and put the burden on employers to prove the act’s “reasonable factors other than age” (RFOA) defense.

EEOC last November voted 3-2 to approve a final rule, which incorporates the Supreme Court’s decisions in Smith v. Jackson, 544 U.S. 228, 92 FEP Cases 1824 (2005)(61 DLR AA-1, 3/31/05), and Meacham v. Knolls Atomic Power Lab., 554 U.S. ...