Bloomberg Law for HR Professionals is a complete, one-stop resource, continuously updated, providing HR professionals with fast answers to a wide range of domestic and international human resources...
The Equal Employment Opportunity Commission March 30 published a final rule in the Federal Register (77 Fed. Reg. 19,080) 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.
According to an EEOC press release, the rule clarifies that the ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals, unless the employer can show that the policy or practice is based on “reasonable factors other than age.” The rule “strikes the appropriate balance between protecting older workers from discriminatory, unreasonable business decisions and preserving an employer's ability to make reasonable business decisions,” EEOC said
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); 56 BTM 105, 4/5/05) and Meacham v. Knolls Atomic Power Lab. ( 554 U.S. 84, 103 FEP Cases 908 (2008); 59 BTM 207, 6/24/08) into the commission's ADEA regulations (62 BTM 369, 11/22/11).
In an introduction to its final rule, EEOC acknowledged that some commenters on the agency's February 2010 proposed rule (61 BTM 63, 2/23/10) expressed concerns it would “place significant burdens on employers.” EEOC said its proposal was not intended to “impose unwarranted burdens” on employers but said its final rule includes some changes made to address business concerns.
In a March 29 statement, AARP welcomed EEOC's final rules as “helpful guidance” that will aid both workers and employers in dealing with potential age bias. EEOC's new guidelines offer a “better chance of preventing discrimination before it happens,” said Nancy LeaMond, AARP executive vice president in Washington, D.C. “But if it does, older workers will have a meaningful chance to get their day in court and prove their case.”
But Michael Eastman, executive director for labor law policy at the U.S. Chamber of Commerce, said the final rules are “bad policy” in that they represent an attack on employers' subjective decisionmaking and will require employers to undertake costly disparate impact analyses for virtually every employment decision. The rule will allow EEOC and plaintiffs' lawyers to “second guess” even “routine” business decisions affecting older workers, Eastman told BNA March 29.
Text of the EEOC final rule is available at http://op.bna.com/dlrcases.nsf/r?Open=kmgn-8suj9b.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)