The Employment Opportunity Commission has published new proposed rules clarifying the meaning of "reasonable factors other than age" under the Age Discrimination in Employment Act. The new rules are in response to the 2008 Supreme Court ruling in the case Smith v. City of Jackson, which held that an employment practice that has a disparate impact on older workers is discriminatory unless the practice is justified by a reasonable factor other than age. The proposed rule explains that the "reasonable factors other than age" defense applies only if the challenged practice is not based on age. An age-neutral practice that disproportionately affects older workers can be justified under the defense only by showing that the practice is objectively reasonable when viewed from the perspective of a reasonable employer under like circumstances. Click here to see a .pdf file of the Federal Register which has the proposed rules.
The Employment Opportunity Commission has published new proposed rules clarifying the meaning of "reasonable factors other than age" under the Age Discrimination in Employment Act.
The new rules are in response to the 2008 Supreme Court ruling in the case Smith v. City of Jackson, which held that an employment practice that has a disparate impact on older workers is discriminatory unless the practice is justified by a reasonable factor other than age.
The proposed rule explains that the "reasonable factors other than age" defense applies only if the challenged practice is not based on age. An age-neutral practice that disproportionately affects older workers can be justified under the defense only by showing that the practice is objectively reasonable when viewed from the perspective of a reasonable employer under like circumstances.
Click here to see a .pdf file of the Federal Register which has the proposed rules.