• EEOC Issues Final Rule Regarding “Reasonable Factors Other Than Age” Defense to ADEA Disparate Impact Claims
  • April 18, 2012
  • Law Firm: Alston Bird LLP - Atlanta Office
  • On March 30, 2012, the Equal Employment Opportunity Commission (EEOC, or “the Commission”) issued its final rule revising the Commission’s Age Discrimination in Employment Act (ADEA) regulations. The EEOC has described the new regulations as an attempt to incorporate the holdings of two recent Supreme Court cases regarding disparate impact claims under the ADEA and provide guidance to courts and employers regarding the ADEA’s statutory “Reasonable Factors Other Than Age” (RFOA) defense. As discussed in more detail below, the new rule places significant burdens on employers seeking to avoid disparate impact liability. It is therefore important for employers to understand the implications of the new rule and take affirmative steps to reduce exposure to potential disparate impact claims under the ADEA in connection with reductions in force, hiring practices, performance assessments and other employment actions.